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08-1193coUn�nFUea t! D , 8 , � - � 1 f 193 Green Sheet #_it�LSL�Q F Presented by RESOLUTlON PAUL, MINNESOTA �"� 1 WHEREAS, adverse action was initiated against the Auto Repair Gazage and Motarcycle Dealer 2 licenses held by A-1 Cycle Parts & Service, Inc., d/b/a A-1 Cycle Parts & Service (License ID 3#19990000055) for the premises located at 946 University Avenue West in Saint Paul by Norice of Intent 4 to Suspend License dated September 2, 2008, alleging licensee failed to pay delinquent license and late 5 fees in the amount of $882.00; and 6 7 WfIEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 8 allegation or pay delinquent license and late fees; and 9 10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 11 allegation or pay the delinquent license and late fees by September 12, 2008, that the matter would be 12 piaced on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Auto Repair Garage and Motorcycle Dealer licenses held by A-1 Cycle Parts 15 & Service, Tnc., d/b/a A-i Cycle Parts & Service are hereby suspended. 16 17 18 19 20 Requested by \ Deparhnent of: dJ�- Adoption Certified by Co cil Secretary B - �{ Approve y M r„Date << �� �J d BY� ( �/� BY� 1 77 Fo rove by� City Attomey BY�Q LIM�C_.� (PA.1n1uI Form Approved by Mayor for Submission to Council BY� �'I�� /?��� /d-/�-O� Adopted by Council: Date ���//��jJ� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nu.�19� �ePartmenUOfficelCouncii: Date �nitiated: v � � S � _Dept.ofSafeiy8lnspections ,��T-0$ � Green Sheet NO: 3060680 I I � Deoartment SeMTOPerson InitiallDate � � Confact Person & Phone: I 'I RacfielTiemev y � 0 toFSafe &Ins 'ons �—�� ' 266-8710 � I � ] � eot of Safetv & Inspeclions I Department Director i Assign 2 'tyAttornes 1� i ! Must Be on Council Agenda by (Date): � Number 3 or•s OSce Mavar/Assiswnt ����} I OS-NOV-08���,,� For Routing 4 ouncil I Doc. Type: RESOLUTION Order 5 i � l �� 'tv Clerk --� i E-DOCUment Required: Y �I Dowment Contact: Julie Kraus I ConWCt Phone: 266-8776 Tofal # of Signffiure Pagw _(Clip All Lowtions for Signature) Acfion Requested: Approval of the attached resolurion to take advetse action against the Auto Repair Gazage and Motorcyle Dealer licenses held by A-1 Cycle Parts and Service, Inc. d/b/a A-1 Cycle Parts & Service (License ID#19990000055) for the premises located at 946 University Avenue West in Saint Paul. Recbmmendations: Appmve (A) or Reject (RJ: personal Service Contracts Musf Answer the Following Questions: Planning Commission 1, Has this personffirm everworked under a contract for fhis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Init7ating Problem, Issues, Opportunity (Who, What, When, Where, Why): License failed to pay delinquent license and late fees in the amount of $882.00. Afrer norificarion, licensee did not respond to Notice of Intent to Suspend License. Advantages If Approved: License suspension. Disadvantages If Approved: Disadvantages If Not Approvetl: 1 Totai Amount of Transaction: CosflRevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) October 10, 2008 1:03 PM Page 1 OFFICE OF TI� CITY ATTORNEY John J. Choi, CityAttomey Od �(l% SAIXS PAUL � AAAI! CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor Civil Division 400 City Hal! 95 West Kellogg Blvd. SaintPaul, Mnnesota 55102 Telephone� 65l 266-8710 Facsimrle: 651298-5619 September 2, 2008 NOTICE OF INTENT TO SUSPEND LICENSE Todd Wagner A-1 Cycle Parts & Service 946 University Avenue West St. Paul, MN 55104 RE: Auto Repair Garage and Motorcycle Dealer licenses 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 License ID #: 19990000055 Deaz Mr. Wagner: The Department of Safety and Inspections (DSI) has recommended suspension of the Auto Repair Gazage and Motorcycle Dealer licenses 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 June 5, 2008, you were sent a letter and renewal invoice from the Department of Safety and Inspections (DSn stating that the Auto Repair Garage and Motorcycle Dealer licenses due on March 2, 2008 were delinquent. You were given until June 26, 2008, to pay the delinquent license and late fees. The total amount now due is $882.00 ($588.00 in delinquent license fees and $294.00 in late fees). As of today's date that payment has not been received. Affirmative Action Equal Opporhuiity Employer A-1 Cycle Parts & Service September 2, 2008 Page 2 At this time, you have three options on how to proceed: a�-1�y3 You can submit the delinquent license and late fees of $882.00. If this is your choice, please send it to the Department of Safety and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, September 12, 2008. Information should be directed to the attention of Christine Rozek. Payment of the delinquent license and late fees will be considered to be a waiver of the hearing to which you aze entitled. 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 requesfing a public hearing. We will need to receive your letter by Friday, September 12, 2008. 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. 3. 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 (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, September 12, 2008. InformaUon should be directed to the attention of Ct�ristine 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 will be placed on the Council's Consent Agenda for approval of the snspension. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, , ��� � J Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Todd Wagner, 42319 —135 Avenue, Wanamingo, MN 55983 i i � N y. �' �� a. N Q 1 y N ��� y 5[W af �w�> l6 �FQ a mi� ;_ f� � W i> ,Z j� i� !rn i. 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COUNTY OF RAMSEY ) AFFIDAVIT OF SExVICE BY U.S. MAIL 6�'� (�1' Julie Kraus, being first duly swom, deposes and says that on the 2" day of September she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Todd Wagner 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 J Julie Kraus Subscribed and swom to before me this 2" day of September, 2008 o�„(.(; O✓v ' r, ✓L:�G �- iNG.y'�� Notary Public . �� vusan Maria Jep�s�h_yyamer � NOTARY PU611C • MINNESOTA EXPIRES JRNOS3 10 012