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07-987Council File # Q � — Green Sheet # �Qy �{ Q �'� WHEREAS, adverse action was taken against the Second Hand Dealer-Motor Vehicle Parts license held by A-1 Cycle Parts & Service, Inc., d/b/a A-1 Cycle Parts & Service (License ID #19990000055) far the premises located at 946 University Avenue West, by Notice of Intent to Suspend License dated September 19, 2007, alleging licensee did not submit the required Uniform License and Permit Bond in the amount of $5,000 for the coverage period of June 15, 2007 through March 2, 2008; and 9 WHEREAS, the licensee did respond to the Notice of Intent to Suspend License to contest the 10 allegation or to submit required bond information; and 11 12 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 13 allegation or submit the required bond information by October 1, 2007, that the matter would be placed on 14 the consent agenda to impose the recommended penalty; now, therefore, be it 15 16 RESOLVED, that the Second Hand Dealer-Motor Vehicle Parts license held by A-1 Cycle Parts & 17 Service, Inc., d/b/a A-1 Cycle Parts & Service is hereby suspended. 18 Benanav Boshom ✓ ✓ ✓ Ab� Requested by Department of. � � �i�1��i / ;/ '1'hune � Form Approved by City Attomey � �1 BY � t� c�.�Q F { �.ul en �,� Adopted by Council: Date �d/��/a�o� Adoption Certified by Co cil Secretaty Form A ve by ayor r Subm' ion to Council BY� %.F ir By: Approve y a r: Dat a' $y. c �V1.0 RESOLUTION GITY OF SAINT PAUL, MINNESOTA a� I� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��'�S� S� -Dept of Safety & Inspectioas � 08-OCT-07 Contact Person 8 Phone: Rachel Tiemey 266-87f0 � Assign Number Doc.Type: RESOLUTION E-DOCUment Required: Y Document ContaM: Julie Kreus Contact Phone: 266-8776 Ortler Totai # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3044833 0 �pept of Safetv & Insoections I 1 1 e t ofSafe & S ecflons i De armieui Director 2 'ryAttomey I 3 a or's Ofltce Ma odAssistant 4 ouncil 5 i Clerk G5 Clerk Approval of the attached resolution to take adverse action against the Second Hand Dealer - Motor Vehicle Parts license held by A-1 6jcle Parts & Service, Inc., d(bla A-1 G�cle Parts and Service (License ID #19990000055) for the premises located at 946 University Avenue West in Saint Paul. �aanons: wpprove (n) or rce�ecc �rt): rersonai service contracu must nnswer tne Fonowmg ciuesnons: Planning Commission 1. Has this person/Brm ever worked under a contract for this depadment? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does ihis personffirtn possess a skBl not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet,and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee did not submit the required Uniform License and Permit Bond in the amount of $5,000 for the coverage period of June 15, 2007 through Mazch 2, 2008. After notificarion, licensee failed to respond to the Notice of Intent to Suspend License. AdvanWges If Approved: License suspension. _ , � �%'�x, .� ;� �� ,�"� � �'t. ,�, $ �h� i, � �� DisadvanWges If Approved: None. ?_�' < � � F'2? 6 { � �����!!�� f DisadvanWges If Not Approved: Transaction: Funding Source: Financiallnformation: (Explain) Activity Number: October 8, 2007 11:10 AM CostlRevenue Budgeted: Page 1 �� r" l � OFFICb � _� THE CTTY ATTORNEY John J choi, CityAnorney 67 CITY OF SAINI' PAITL CivilDivrsion Christopher B. Coleman, Mayor 400 Ciry HaQ TeZephone: 657 266-8710 ISWestKeZZoggBlvd Facr"vniZe:651298-5679 Saint Pau� M'�esota 55702 i Sepfember 19, 2007 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager A-1 Cycle Parts & Service 946 University Avenue West St. Paul, MN 55104 RE: Second Hand Dealer-Motor Vehicle Parts license held by A-1 Cycle Parts & Service, Inc., d/b/a A-1 Cycle Parts & Service far the premises located at 946 University Avenue West in Saint Paul License ID #: 19990000055 Dear SiriMadam: The Departmer.t of SafeTy and Inspections (DSI) has recommended suspension of the Second Hand Dealer-Motor Vehicle Parts license held by A-1 Cycle Parts & Service, Inc., d/b/a A-1 Cycle Parts & Service for the premises located at 946 University Avenue West in Saint Paul. The basis for the recommendation is as follows: On July 17, 2007, you were sent a letter from the Department of Safety and Inspecfions (DS� stating that your bond had been cancelled effective June 15, 2007. You were asked to submit a Uniform License and Permit bond in the amount of $5,000 for the period of June 15, 2007 through March 2, 2008, with no lapse in coverage. You were then given until July 30, 2007, to provide this information. As of today's date, it has not been received. At this time, you have three options on how to proceed: You can submit the bond information requested. If this is your choice, please send the information to the Department of Safety and Inspections, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 1, 2007. Information should be directed to the attention of Christine Rozek. Submission of the requested bond information will be considered to be a waiver of the hearing to which you are entitled. AA-ADA-EEO Employer A-1 Cycle Parts & Servic� "'nc. September 19, 2007 Page 2 � 47�987 2. If you wish to admit the facts but contesf the suspension, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement a.dmitting the facts and requesting a public hearing. We will need to receive your letter by Monday, October 1, 2007. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You will have an opportunity 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 will need to send a written statement to that effect to the Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 1, 2007. Information should be directed to the attention of Cluistine Rozek If you have not contacted me by that date, I will assume that you do not contest the suspension of your license. In that case, the matter wffl be placed on the Council's Consent Agenda for approval of the suspension. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, ��G � � Rachel Gunderson Tiemey Assistant City Attorney cc: Christine RozeK, Deputy Director of DSI Todd Wagner, 42319 - 135�' Avenue, Wanainingo, MN 55983 AA-ADA-EEO Employer STATE OF MINNESOT�" � ss. COiJN"PY OF RAMSEY ) 6�-987 Julie Kraus, being first duly sworn, deposes and says that on the 19� day of September, she served the attached NOTICE OF IIVTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager A-1 Cycle Parts & Service 946 University Avenue West St. Paul, MN 55104 Todd Wagner 42319 - 135�' Avenue Wanamingo, MN 55983 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � ��k� Julie Kraus Subscribed and sworn to before me this 19'� day of September, 2007 , ,, �� �i''��ly// ��.� � �! ' • � �A IL � � ��jy�S810N p�pIRE3 JAN.31. 2010 AFFIDAVIT OF SE :�ICE BY U.S. MATi,