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07-845Council File # '�8 Green Sheet # 3 (o RESOLUTION CITY OF SAINT PAUL, MINNESOTA a� Presented by 2 3 4 5 6 7 WFIEREAS, adverse action was taken against tl�e Second Hand Dealer — Motor Vehicle Parts and Auto Repair Gazage licenses held by Payless Tires, Inc., d/b/a Payless Tires (License ID #20060000597) for the premises located at 698 University Aveaue West in Saint Paul by Notice of Intent to 5uspend Licenses dated August 13, 2007, alieging his License & Permit Surety bond had been cancelled effective May 17, 2007 for non-pa}mzent of premium; and WHEREAS, licensee did not respond to the Notice of Intent to Suspend Licenses to contest the allegation or submit a copy of a current bond; and 10 11 12 13 14 15 16 17 WFIEREA5, the Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the allegations or submit the requested bond information by August 23, 2007, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Second Hand Dealer — Motar Vehicle Parts and Auto Repair Garage licenses held by Payless Tires, Inc., d1b/a Payless Tires are hereby suspended. Requested by Deparhnent of. B `�..�. A � Form Approved y City Attomey� BY� i I Form A s ove by ayor r ub 'ssion to Council By: Adoption Certified by Council Secretary By: Approv y a D ° `G - By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Q��S� s� - �rc oesar�y s� i�ao� CoMact Person & Phone: Vrginia D. Palmer 266-8%10 mus[ �se on �2SEP-07 Doc. Type: RESOLUTION E-0ocument Required: Y DocumeM Cor�d: Julie Kraus Co�act Phone: 266-8R6 27-AUG-07 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3045360 0 CofSaf & 'ons 1 t otSafe & Ios ections Depar�en[ Dinr.tor 2 ' Attnrne 3 a or's O�ce Ma arfAuistant 4 ouncil 5 � G7erk Cti Cierk Approval of the attached resolution to take adverse acrion against the Second Hand Dealet - Motor Vehicle Parts and Auto Repair Gazage lice¢ses held by Payless Tires, Inc., d/b/a Payless Tires (License ID#20060000597) for the premises located at 698 University Avenue West in Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this personlFirtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city emptoyee? Yes No 3. Dces Shis personKmi possess a skiN frot nonnally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheef Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee's License and Permit Surety Bond was cancelled effective May 17, 2007 for non-payment of premium. After notification, licensee failed to respond to the Norice of Intent to Suspend Licenses. Advantages IfApproved: License suspension. DisadvanWges If Approved: None. DisadvaMeges If Not Approved: Ttansaction: Funding Source: Financial Informatlon: (F�cptain} CostlRevenue Budgeted: Activity Number, �+�.°:4?��. }�iP��AZ��!? li �� 6 5 200? August 2S, 20071:06 PM Page 7 (` CITY OF SAINT PAUL ChristopherB. Coleman, Mayor August 13, 2007 �� OFFICE OF TT� CITY ATTORNEY ,Iohn J Choi, CityAttomey 07 civit DivLrion 400 CityH¢IZ IS WestKelloggBlvd Sa'mt Paui, Minnesota 551 D2 TeTephane: 65I 266-8710 Facsimile: 657 298-5619 NOTICE OF INTENT TO 5USPEND LICENSES Owner/Manager Payless Tires 698 University Avenue West St. Paul, MN 55104 RE: Second Hand Dealer - Motor Vehicle Parts and Auto Repair Garage ]icenses held by Payless Tires, Inc., d/b/a Payless Tires for the premises located at 698 University Avenue West in Saint Paul. License ID #: 2Q�60000597 Dear SirlMadam: The Department of Safety and Inspections (DSn has recommended suspension of the Second Hand Dealer - Motor Vehicle Parts and Auto Repair Gazage licenses held by Payless Tires, Inc., d/b/a Payless Tires far the premises located at 698 University Avenue West in Safnt Paul. The basis for the recommendation is as follows: On May 18, 2007, you were sent a letter from the Department of Safety and Inspections (DSp, stating that yonr license had been placed on hold until you submitted payment for your delinquent license and late fees when your licenses expired effective Aprill4, 2007. The totai amount now dne is $1,029.00 ($792.00 in license fees and $237.00 in late fees). In addition, on Aprfl 5, 2007, DSI was notified by your insurance company, that your License & Permit Surety Bond had been cancelled effective May 17, 2007 for nonpayment of gremium. You were then asked to submit a replacement bond effective May 17, 2007. You were given until May 25, 2007 to submit payment for delinquent license and laEe fees and the replacement bond. As of today's date, neither the license and late fee payment nor the replacement bond have been submitted. AA-ADA-EEO Employer Payless Tires Angnst 13, 2007 Page 2 r� At this time, you have three options on how to proceed: � b7-8�5' ff you wish to continue to do business in the City of Saint Paul, you need to submit payment for delinquent license and late fees and the replacement bond to the Department of Safety and Inspections at 8 Fourth Sixeet East, Suite 200, St. Paul, Minnesota 55101- 1002 no later than Thursday, Angust 23, 20a7. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late fees will be considered to be a waiver of the hearing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may ha�e a public hearing before the 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 Thursday, August 23, 2007. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your licenses. You will haue an 1 opporhmity to appeaz before the Council and make a statement on your own behalf. 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 Department of Safety and Inspecfions at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Thursday, August 23, 2007. 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 suspension of your licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you ha�e questions about these options, please feel free to contact me at 266-8770. Sincerely, �� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Tarek Hamla, 4201 Trenton Road, Eagan, MN 55123 AA-ADA-EEO Empioyer STATE OF MINNESOT(� ) ss. COUNTY OF R.AMSEY ) ��'O K � Julie Kraus, being first duly sworn, deposes and says that on the 13�' day of August, she served the attached NOTICE OF IlVTENT TO SUSPEND LICENSES by placing a ixue and correct copy thereof in an envelope addressed as follows: Owner/Manager Payless Tires 698 University Avenue West St. Paul, MN 55104 Tarek Hamla 4201 Trenton Road Eagan, MN 55123 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States maii at St. Paui, Minnesota. 1�.� Ju1ie Kraus Subscribed and sworn to before me this 13�' day of August, 2007 `�� /�"c .��9�� Not y Public � AI� FIDAVIT OF SEi. JICE BY U.S. MAII. RITA M. BQSSARD NO7ARY PUBLIC-MINMESO7A MY COMMISSIOff EXPIRES.lAN.31,2010 � � - .�.v�:.� =m�� .