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06-151Council File # � — � S I Green Sheet # ��d Q (O I RESOLUTION OF SAINT PAUL, MINNESOTA �� PRESE\'TED REFERRED TO CONZD4ITTEE] DATE 1 2 WHEREAS, adverse action was initiated against the Second Hand Dealer -Motor Vehicle s license held by Justin L. Vieriing, d/b/a Jusrin's Auto Sales (License ID#20010003673) for the 4 premises located at 401 - 4`� Street East, #3 in Saint Paul, by Notice of Intent to Suspend License s dated January 18, 2006, alleging that licensee failed to pay delinquent license fees and penaities; s and � s WHEREAS, the licensee did not respond to the Norice of Intent to Suspend License to s contest the allegation or pay the delinquent license fees and penalties; and io i i WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to iz respond by January 30, 2006, that the matter would be placed on the consent agenda to impose ia the recommended penalty; now therefore, be it 14 is RESOLVED, that the Second Hand Dealer -Motor Vehicle license held by Justin L. is Vierling, d/b/a Justin's Auto Sales is hereby suspended unril such time as delinquent license fees i�r and penalties aze paid in full. is is xequested by Department of: Adopted by Council: Date � �?Ol�G Adoption Certified by Council Secretary $Y= !/"/li�G. �i� �%e'SDrc.� Approved by � 4 BY� // BY: _C�„�.� � �� Form Approved by City Attorney By: Approved By: for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet LP — License/Inspecrion/Environ Prot Confact Person & Phone: Rachei Gunderson 266-87'10 � Must Be On Councii Aaen� (Date): Date Initial 03-FEB-06 y Assign Number For Routing Order ��-IS► Green Sheet NO: 3029617 0 icens ns ectioo/Environ Pro 1 iceose/Ios ec[ioo/EnvironPro De artm ntDireMOr 2 i Attorn 3 a or's Office Ma or/Assishant 4 o ncil 5 ' Clerk Ci Clerk � ToWI # of Signature Pages _(Clip Ali Locations for Signature) � Action Requested: - Approvat of the attached resolution to take adverse action against the Second Hand Dealer-Motor Vehicle license held by Justin L. Vierling, d/b/a Justin's Auto Sales (License ID#20010003673) for the premises located at 401-4th Street East in Saint Paul. itlations: Approve (A) or F Planning Commission CIB Committee Civil Service Commission Service Questions: 1. Has this person/firm everworked 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 passess a skill not normally possessed by any current city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh»: � Licensee did not pay delinquent 2icense fees and penatries. After notificarion, l:censee faited to respond to the Norice of Intent to Suspend License. Advantastes If Approved: License suspension as recommended by the Office of LIEP. �`,��`��y'',r��3�� FEe o a zoos Disadvanhages If Approved: None. DisadvanWges If NotApproved: Total Amount of Transaction: Fundinp Source: Cost/Revenue Budgeted: Activity Number: Financial Information• (Esplain) << �', �� OFFICE OF THE CPI'Y ATTORNEY Jahn J. Choi, ciryAttorney SAINT PAOL � AAAA c1� oF sa�rr Paur, Chri.rtopherB. Co7eman, Mayor Civi7Divirfon 400 CityHall IS WertKeIIop,QBlvd SaintPaul, Miraeesota SSIO2 Telephone: 65I 266-8710 Far.sin:ile: 657 298-5679 January 18, 2006 NOTICE OF INTENT TO SUSPEND LICENSE 7ustin Vierling 7ustin's Auto Sales 401 - 4�' Street East, #3 St. Pat�, MN 55101 RE: Second Hand pealer - Motor Velucle.license held by Justin L. Vierling, d/b/a Justin's Auto Sales for the premises located at 401 - 4�' Street East in Saint Paul License ID #: 20010003673 Dear Mr. Vierling: The Office of License, Inspections and Environmental Protection has recommended suspension of the Second Hand Dealer - Motar Vehicle license heid by Justin L. Vierling, d/b/a Justin's Auto Sales for the premises located at 401 - 4�` Street East in Saint Paul. The basis for the recommendation is as follows: On December 14, 2005 you were sent a letter with a delinqnent invoice from the Of�ice of License, Inspection and Environmental Protection stating that the payment on your license fee was several months overdue. The total now dne is $516.00 ($396.00 license fee plus $220.00 in penalties). You were given until December 19, 2005 to send in the payment. As of today's date that payment has not been received. At this time, you have three options on how to proceed: 1• If you wish to continue to do business in the City of Saint Paul, you may submit payment of the delinquent license fees and penalties to the Office of License, Inspecfions and Environmental protection at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101- 1002 no later than Monday, January 30, 2006. Information should be directed to the attenfion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license fees and penalties will be considered to be a waiver of tbe hearing to which you aze entitled. AA-ADA-EEO Employer Justin's Auto Sales 7anuary 18, 2006 Page 2 � �_. c��—i�i 2- If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter wifh a statement admitting the facts and requesting a public hearing. 4�re will need to receive your letter by Monday, January 30, 2006. The matter will then be scheduled before the City Council £or a public hearing to determiue whether to suspend your license. You will have an opportimity to appear before the Council and make a statement on your own behaif. 3• If you no longer wish to do business in the City of Saint Paul, you may send a written statement to that effect to the Office of License, Tnspections and Environmental , Protection, 8 Fourth 5treet East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, January 30, 2006. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the snspension of your license. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � GtitAtiC, v D 2Cu81 '�i uiau�Svi1 Assistant City Attomey cc: Christine Rozek, LIEP Justin Vierling, 7357 Inwood Avenue, Cottage Grove, MN 55016 AA-ADA-EEO Employer ( �- ��15) STATE OF MINNESOTA) ) ss. COiJNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. M.AIL JLJLIE KRAUS, being first duly sworn, deposes and says that on January 19, 2006, she served the attached letter placing a true and correct copy thereof in an envelope addressed as follows: Justin Vierling Justin's Auto Sa1es 401 - 4'� Sireet East, #3 St. Paul, MN 55101 Justin Vierling 7357 Inwood Avenue Cottage Gtove, MN 55016 ��JVI11C�'::5+�:° �8S? �S.^.C:::: ^u�...�''�53.^.f S2'.'� 1,�:5^vIlj `��t,.^.3..ing th.°. 32�:. PI:��: ^ ^ ia^. �i.11°v B� United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this ��/`�' dayof �O�o s,c� � _ ,�E�� Notary Public RITA M. BOSSARD lpiARY pUBL1C- MINNESOTA MY COMMISSION EXPIRES JAN. 31, 20 1 0