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09-1048Council N�le # � � Green Sheet # � n q Presented by )LUTION PAUS. MINNESOTA � 1 WHEREAS, a erse actio as taken against the Auto Repair Gazage and Auto Body 2 Repair/Painting Shop licens pplications submitted by Junior's Auto Repair, Inc. d/b/a Junior's Auto 3 Repair (License ID#20090002261) for the premises located at 291 Fillmore Avenue in Saint Paul, by 4 Notice of Intent to Deny Licenses dated August 25, 2009, alleging licensee stopped payment on the check 5 submitted for license fees; and 6 7 WIIEREAS, the licensee did not respond to the Notice of Intent to Deny Licenses to pay the 8 delinquent lacense fees and NSF Penalty chazge, request a public hearing or withdraw his license 9 application; and 10 11 WHEREAS, the Notice of Intent to Deny Licenses stated that if the licensee failed to pay the 12 delinquent license fees and NSF Penalty charge, request a public hearing or withdraw his license 13 application by September 4, 2009, that the matter would be placed on the consent agenda to impose the 14 recommended penalty; now, therefore, be it 15 16 RESOLVED, that the Auto Repair Garage and Auto Body Repair/Painting Shop license 17 applications submitted by Junior's Auto Repair, Inc. d/b/a Junior's Auto Repair are hereby denied. Bostrom Stark Thune Adopted by Council: Date '_ • . �� -�. - . , I i _ t �_ "' _ =, �I��i��d � 1 Adoption Certified by Coun I Secretary BY� / / (/l%�._..OiL�li>.^ Approv Ma}iQ . Date �o/L�C� � B,: � � _ Form A roved by City Attorney BY ' Il�t(e�A�' �lt�Aa^� Form A rov y M r for ssi to Co ncil By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � )epartmentlOfficelCOUncil: � Date Initiated: �' � � S� _Dept.ofSafety8�inspections �OSEP2009 Green Sheet NO: 3079499 CoMact Person & Phone: Rachei Tiemey ass-s�to Must Be on Counc) 1/I�qenda 23-SEP-09 / (��fC� Doc. Type: RESOLUTiON I E-Dncument Required: Y Docume�tCantact; JulieKraus , Contact Phone: 266-8776 � I 0 e kofSafe & ections r ----- � �' 1 - eptoiSafery&InspecGOas 1� Depar6nentDvector � atsiyn z �an4raev �- Number Fof 3 a or's O�ce Ma or/ASSistant i Routing I 4 ounc0 r ------ � -- � j Oidei 5 'tv Clerk I i5N ('ierk I � ToYal # M SignaNre Pages _(Clip All Locations for Signature) Approval of the attached resolurion to take advecse acrion against the Auto Repair Garage and Auto Body Repair/Painting Shop license appiications submitted by Junior's Au[o Repair, Inc. d/b/a Junior's Auto Repair (License ID#20090002261) for the premises located at 291 Fillmore Avenue East in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Confracts Must Answer the Following Questions: 1. Has ihis person/flrm ever worked under a contract for this department? Yes No 2. Has thfs personffirm ever been a city employee? Yes No 3. Does ihis person/fittn possess a skill not nortnally possessed by any curtent ciry empbyee? Yes No F�cplain all yes answers on separaM sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee stopped payment on the check submitted for license fees. After aotificarion, licensee did not respond to the Notice of Intent to Deny Licenses. Adva�Wges lf Apprnved: License denial. DisadvanWges IfApproved: Disadvantages If Not Approved: Totai Amount of Trensaction: Funding Souree: Financial lrrformffiion: (Expiain) CostlRevenue Budgeted: Activity Number: September 10, 2009 1:59 PM page 1 tr��iD�-I� OFFICE OF THE CITY ATTORNEY John J. Chor, CityAttomey S��x= CITY OF SAINT PAUL CivilDivision P A U L Chnsto her 8. Coleman, Ma or � P Y 400 City Hal� Telephone: 65f 266-8710 75 West Kellogg Blvd. Facsimile: 651298-5619 Sain[ Paul, Minnesota 55102 AAIIA August 25, 2009 NOTICE OF INTENT TO DENY LICENSES Kazina Lopez Junior's Auto Repair 291 Fillmore Avenue East St. Paul, MN 55107 RE: Auto Repair Gazage and Auto Body Repair/Painting Shop license applications submitted by Junior's Auto Repair, Inc. d!b/a Junior's Auto Repair for the premises located at 291 Fillmore Avenue East in Saint Paul License ID #20090002261 Dear Ms. L.opez: The Department of Safety and Inspections (DSI) has recommended denial of the Auto Repair Garage and Auto Body Repair/Painting Shop license applicaUOns submitted by Junior's Auto Repair, Inc. d/b/a Junior's Auto Repair for the premises located at 291 Fillmore Avenue East in Saint Pau1. The basis for the recommendation is as follows: On July 16, 2009, you were sent a letter from the Department of Safety and Inspections (DSI). In that letter, it stated you contacted DSI two days after you applied for your licenses and told them you stopped payment on the $862.00 check for your license fees because you were having issues with the landlord over the lease arrangements. DSI then verified that you indeed stopped payment on the check. You then told DSI staff that you would get back to them if you were going to proceed with your license applications. In the meantime, DSI staff has tried to contact you regarding your application, but the phone numbers you gave are either no longer active or are not taking calls. You were given until July 31, 2009 to either pay the license fees and NSF penalty in the amount of $892.00 or withdraw your license application. As of today's date, neither has been received, Junior's Auto Repair August 25, 2009 Page 2 At this time you have three options on how to proceed: 6�-(a�d You can pay license fees and NSF penalty in the amount of $892.00. If this is your choice, please send payment to the Department of Safety and Inspections (DS� at 375 Jackson Street, 5te. 220, St. Paul, Minnesota 55101-1806 no later than Friday, September 4, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the license fees and NSF penalty will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish admit the facts but contest the penalty, you may have a public hearing 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, September 4, 2009. The matter will then be scheduled before the City Counci] for a public hearing to determine whether to deny your licenses. 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, September 4, 2009. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee 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 licenses. 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 ca11 me at (651) 266-8710. Sincerely, � �� Rachel Tiemey � Assistant City Attorney cc: Christine Rozek, Deputy Dizector of DSI Karina I.opez, 1922 Kingston Avenue East, Maplewood, MN 55109 STATE OF MINNESOTP� �s. AFFIDAVIT OF SE "ICE BY U.S. MA.IL COUNTY OF RAMSEY ) ��a�g Julie Kraus, being first duly swom, deposes and says that on the �S�day of August, she served the attached NOTICE OF INTENT TO DENY LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Karina Lopez Junior's Auto Repair 291 Fillmore Avenue East St. Paul, MN 55107 Karina Lopez 1922 Kingston Avenue East Mapiewood, MN 55109 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1 1 1 Juh Kraus Subscribed and sworn to before me thisa'.5 of August, 2009 o � „�r� ot •y Public RITA M. BOSSARD lOTARY PUBUC - M INNE50 TA MY COMMISSION IXPIRESJAN 37, 20 f 0 CITY OF SAINT PAUL Cnrirtapha Colenean, Mayar July 16, 2009 Karina Lopez ? 922 Kingston Ave Mapiewood MN 55109 DEPAAiMEN"f OF SAFEIY AND MSPHL710NS Robert Krssler, Director �� f D�n � Z) 375.Iackson SI, Sssite 220 Trlep6one: 65l-2669090 SaintPmd, Minnaom 55701-1806 Faa�imde: 6�1-166-9124 Web: nnvn•sfiaul eovids: RE: 291 Fiilmore - Auto Repair/Auto Body - License Application#09-0002261 Ms. Lopez: You applied for the referenced license back on June 2, 2009. You cailed me two days later and said you had stopped the ct�eck payment for the license fee, because you were having issues with the landlord over lease arrangements. Told me you would get back to me if you were going to praceed with the license request. I also verified that you did stop payment on the check. As of the date of this letter, I have not heard from you. The phone numbers on #he iicense application are either no longer active or are not taking calls. At this point, we cannot continue the processing of your license application. If you wish to proceed with obtaining these business ficenses, you will need to submit payment in cash, for the fuli amount ($862.00) plus a check charge fee of $30.00. lf you know longer wish to obtain these business licenses, you need to write a letter withdrawing your application and the file will be ciosed. You have until Friday, July 31, 2009, to either pay the required fees + penalty or to submit a written sequest to withdraw the license. Failure to act, will result in adverse action to deny the license requesfs. My contact information is below if you have any questions �� Lawrence R. Zangs Project Facilitator Saint Paui Depariment of Safeiy and inspectio�s 375 Jackson Street, Suite 220 Saint Paul MN 5510'I-1806 E-Mail: larry.zangs@ci.stpaul. mn. us Tel: 651 /266-9109 AA-ADA-EEO Employer