10-199Council File # l4��' � �
Green Sheet #_s��`-' ��
Presented by
RESOLUTION //
SAINT PAUL, MINNESOTA l7"
1 WHEREAS, adverse action was taken against the Auto Repair Garage license application
2 submitted by American Asian Auto Full Service, Inc. d/b/a Auto Transmission Specialist (License ID
3#20090001619) for the premises located at 519 University Avenue in Saint Paul by Notice of Tntent to
4 Deny License dated November 10, 2009, alleging licensee failed to submit a ventilation analysis required
5 to complete the application process; and
7 WHEREAS, the applicant did respond to the Notice of Intent to Deny License but after numerous
8 extensions, failed to have the required permits pulled for the ventilation work and then submit the
9 ventilation analysis, request a hearing or withdraw the license application; and
10
11 WHEI2EAS, the Notice of Intent to Deny License stated that if the licensee failed to submit the
12 required ventilation analysis, request a hearing or withdraw his license application by November 20, 2009,
13 that the matter would be placed on the consent agenda to impose the recommended penalty; now,
14 therefore, be it
15
16 RESOLVED, that the Auto Repair Garage license application submitted by American Asian Auto
17 Full Service, Inc. d/b/a Auto Transmission Specialist is hereby denied.
Bos7om
Cazter
Requested by Departmen[ of:
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BY: � it .�
Stark �
Thune ,� Form Approved by City Att
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Adopted by Council: Date a a��lJ
Adoption Certified by Coun � Secretary Form Approved by Mayor for Submission to Council
By� � By �?��� �9l� �rn�z-� 02 � ��ili
Approved ayq . Date v
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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� DepartmenUOfficelCouncil: I, Datelnitiated: �' GCeell Shee� NO 3098117
, S � _ Dept. of Safety & Inspections j p5 FEB 2010 '
' Contad Person & Phone:
i Virginia D. Palmer
266-8710
; Must Be on Council Agenda by (Date : ;
� . 24-FEB-10 �C�� i
�,Doc.Type:RESOLUTION �
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 26G8776
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Assign
Number
For
Routing �
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Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resoluton to take adverse acrion against the Auto Repair Garage license applicafion submitted by Amexican
Asian Auto Full Service, Inc. d/b/a Auto Transmission Specialist (License ID#20090001619) for the premises located at 519
University Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracks Must Answer the Following Questions:
1. Has this person/frm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee�
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
License did not submit a ventilation analysis required to complete the application process. Afrer nofification, licensee did respond to
the Nofice of Intent to Deny License, but then failed to have the required permits pulled for the ventilation work and submit the
ventilation analysis.
Advantages If Approved:
License Denial.
DisadvanWges IfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Fu�ding Source:
Financial Information:
(Explain)
CostiRevenue Budgeted:
Activity Number:
February 10, 2010 10:02 AM Page 1
DEPARTMENT OF SA£ETY AND INSPECTIONS
Bob Kuslvs, Director /D /(��
CTI'I' OF SAINT PAUL
Chrcrtopher B. Colernan, Mayor
375 Jnckson StreeC Suete 120 Telephone: 651-266-8989
SamtPau{ Minnesota 55101-1806 Facsimile: 651-266-9124
Wrl�: www.smaul.eov/dsi
September 18, 2009
Paul Xiong
519 University Ave
Saint Paul MN 55103-1938
RE: Pending Auto Repair License for Auto Transmission Specialist at 519 University.
Mr. Xiong:
The referenced license above is still pending because you have not provided an analysis of the
ventilation system for the repair garage. We cannot issue the license until the repair garage can
meet all building code requirements. Since the repair garage area of the building has been
altered, we need to know if the existing ventilation system needs modifications to reflect the
changes within the building.
You will need to hire a license Heating Ventilation Contractor to perform the HVAC analysis of
the space and provide us with either a letter detailing information about existing system and how
it complies with the current State Mechanical Code; or provide plans and specifications to
upgrade the system to comply with the State Code. If work on the system is required, the
contractor will need to obtain a permit. Once we issue the permit, the work must be inspected
and the installation approved by our mechanical inspector. If the contractor has quesrians about
permit and plan requirements, they can call the area inspector James Lichtblau at 266-9061 or the
Senior Ventilation Inspector, Ron Haider at 651-266-9063.
Be advised that if we do not receive this information within two weeks, it could result in adverse
action against this license request.
If you have questions call me at 651-266-9109.
/� � awrence R. Zangs
Project Facilitator
Cc: Peter Vu
James Lichtblau
Ron Haider
Greg Johnson
Dave Bergman �
An Equal Opportunity Employer
�a-l9�
SAINT
PAUL
�
IIIIAA
CITY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John J. Choi, City Attomey
Crvil Division
400CityHall Telephone: 651266-8710
f5 West Xellogg Blvtl. Facsimile: 651 298-5619
Sainf Paul, Minnesota 55102
January 20, 2010
Peter Vu
Auto Transmission Specialist
519 University Avenue
St. Paul, MN 55103-1938
RE: Auto Repair Garage ]icense application submitted by American Asian Auto Full Service, Inc. d/b/a Auto
Transmission Specialist for the premises located at 519 University Avenue West in Saint Paul
License II? #200400�1619
DeazMr. Vu:
On November 10, 2009 you were sent a Notice of Intent to Denv License because you had not provided an
analysis of the venrilation system for your repair gazage to ensure that it met all building code reguirements. You
were given undl November 2Q 2009 to submit the venfilation analysis requested.
On November 2Q 2009, you contacted the Department of Safety and Inspections (DSn and were given an
extension until December 20, 2009, to submit the ventilation analysis. You were granted this extension due to the
fact that you told DSI your landlord was out of the country and you needed his approval to hire a contractor to do
the required work.
On December 30, 2009, you contacted Larry Zangs in DSI and told him you arranged for a contractor to pull
the required permits the first week in January. As of today's date the permits still have not been pulled and the
ventilation analysis has not been submitted.
You have three options on how to proceed:
You must give DSI the name of your contractor and a time frame of when the ventilation work will be
completed. If this is your choice, please send the information to the Department of Safety and Inspections
(DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55701-1806 no later than Thursday, January 28,
2010. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convenience. Submission of the requested information will be considered to be a waiver of
the hearing to which you are entided.
2. If you wish admit the facts but contest the penalty, you may have a public hearing before 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 letter by Thursday, January 28, 2010. The matter will then be
scheduled before the City Council for a public hearing to determine whether to deny your license. You will
have an opportunity to appear before the Council and make a statement on your own behalf.
Affirmative Achon Eoua( Onnortunitv Emnlnver
Auto Transmission Specialist
January 20, 2010
Page 2
/o-%��
You may withdraw your license application. Send a written statement to that effect to the Deparhnent of
Safety and Inspections, at 375 Jackson S�eet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than
Thursday, January 28, 2010. Informarion should be directed to the attention of Christine Rozek. Any
request for a refund of the license application fees must also be made in writing to the Departrnent of Safety
and Inspections.
If you have not contacted me by January 28, 2010, I will assume that you do not contest the denial of
your license. 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 call me at (651) 266-8710.
Sincerely,
�� _� ��,���
Virgi '�almer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Lany Zangs, DSI
Peter Vu, 1965 Conway Street, St. Paul, MN 55119
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
la-I �i�
Julie Kraus, being first duly swom, deposes and says that on the � day of
January, she served the attached LETTER by placing a true and correct copy thereof in an
envelope addressed as follows:
Peter Vu
Auto Transmission Specialist
519 University Avenue
St. Paui, MN 55103-1938
Peter Vu
1965 Conway Street
St. Paul, MN 55119
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Juh Kraus
3ubscribed and sworn to before me
this �U f ' j `day of January, 2010
�l'�l �"[G � /'u�ua�� �����
Notazy Public
AFFIDAVIT OF SERVICE BY U.S. MAIL
��. � - • �� z
�asan tNarie Janisch-Wame�
HOTRRY PUBIIC • MINNESOTq
it9Y COINFfiBSS109d
E'XPIRES JAR. 3t, 2012
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OFFICE OF THE CITY ATTORNEY
John J. Chaq Ciry Atforney � � �/; ,
SAINS
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C{TY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
Civd D�vrsron
400 City Hall Telephone: 657 266-87f 0
15 West KeDOgg BNd. Facsimile.� 657 298-5619
Saint Paul, Mmnesota 55702
November 10, 2009
NOTICE OF INTENT TO DENY LICENSE
Peter Vu
Auto Transmission Specialist
519 University Avenue
St. Paul, MN 55103-1938
RE: Auto Repair Garage license application submitted by American Asian Auto Full Service,
Inc. d/b/a Auto Transmission Specialist for the premises located at 519 University Avenue
West in Saint Paul
License ID #20090001619
Deaz Mr. Vu:
The Department of Safety and Inspections (DSI) has recommended denial of the Auto
Repair Gazage ]icense application submitted by American Asian Auto Full Service, Inc. d/b/a
Auto Transmission Specialist for the premises located at 519 University Avenue West in Saint
Paul. The basis for the recommendation is as follows:
On September 18, 2009, you received a letter from the Department of
Safety and Inspections (DSI) stating that your license application was
pending until you provided an analysis of the ventilation system for the
repair garage to ensure that it meets all building code requirements.
You were given until October 2, 2009, to submit the required ventilation
analysis. As of today's date, that information has not been received.
At this time you have three options on how to proceed:
You can submit the required ventilation analysis. If this is your choice, please send the
information to the Department of Safety and Inspections (DS� at 375 Jackson Street, Ste.
220, St. Paul, Minnesota 55101-1806 no later than Friday, November 20, 2009.
Information should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Submission of the requested information will
be considered to be a waiver of the hearing to which you aze entitled.
Affirmative Action Equal Opportuni[v Emolover
Auto Transmission Speciai�st
November 1 Q 2009
Page 2
/a-���
2. If you wish admit the facts but contest the penalty, you may have a public heazing before
Saint Paul City Council. You will need to send me a letter with a statement admitting the
facts and requesting a public hearing. We will need to receive your letter by Friday,
November 20, 2009. The matter will then be scheduled before the City Council for a
public hearing to determine whether to deny your license. You will have an opportunity
to appear before the Council and make a statement on your own behalf.
3. You may withdraw your license application. Send a written statement to that effect to the
Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-1806 no later than Friday, November 20, 2009. Information should be directed to
the attention of Christine Rozek. Any request for a refund of the license application fees
must also be made in writing to the Department of Safety and Inspections.
If you have not contacted me by that date, I will assume that you do not contest the
denial of your license. 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 call me at (651) 266-8710.
Sincerely,
�'�vl c�;;�..�. 4��.,�r� ( �-k�
Virgmia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Peter Vu, 1965 Conway Street, St. Paul, MN 55119
STATE OF MINNESOT " �
J SS.
COUNTY OF RAMSEY )
0 ��1�
Julie Kraus, being first duly swom, deposes and says that on the t��� day of
November, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Peter Vu
Auto'I`Fansmission Specialist
519 University Avenue
St. Paul, MN 55103-1938
Peter Vu
1965 Conway Street
St. Paul, MN 55119
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� ,
Julie aus
Subscribed and sworn to before me
this���day of November, 2009
!°�' �
No a�uP blic
RITA M. BOSSARD
�pURY pJBLIC • MINNESOTA
l�1Y COMMiSS10N
E%PIRES JAN. 31. 201 0
AFFIDAVIT OF 5�...VICE BY U.S. MAIL
Page 1 of 1
ld �I ��
]effrey Fischbach - 519 University Ave W- Pending Auto Repair 6arage Lic ID
#20090001619
From:
To:
Date:
Subject:
CC:
Attachmants:
�R`/,
)effrey Fischbach
Zangs, Larry
1DJ5/2009 2:59 PM
519 University Ave W- Pending Auto Repair 6arage Lic ID #20090001619
Bergman, David; Haider, Ron; Johnson, Greg; Lichtblau, James; Rozek, Christine
25718641001.DOC
Per our discussion, there has been no response from the property owner Co the attached letter regarding the
ventilation system for the space associated with above referenced pending Auto Repair Garage license
application at said location.
I have given this license file to Christine Rozek for adverse action to deny the application request.
Jeff F.