09-1400CITY
Presented by
Council File # /�� �
Green Sheet # " (} ,�
RESOLUTION
41NT PAUL, MINNESOTA � �
1 WHEREAS, adverse action was taken against the Second Hand Dealer — Motor Vehicle license
2 held by Eliot Enterprises, Inc. d/b/a Eliot Automotive (License ID#20000001301) for the premises located
3 at 530 Cleveland Avenue North in Saint Paul by Notice of Intent to Suspend License dated November 10,
4 2009, alleging licensee failed to pay delinquent license and late fees in the amount of $646.00; and
5
6 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
7 delinquent license and late fees; and
9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
10 delinquent license and late fees by November 20, 2009, that the matter would be placed on the consent
11 agenda to impose the recommended penalty; now, therefore, be it
12
13 RESOLVED, that the Second Hand Dealer — Motor Vehicle license held by Eliot Enterprises, Inc.
14 d/b/a Eliot Automotive is hereby suspended.
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Carter
Helgen
Stazk
Thune
Yeas Nays Absent Requested by Department of:
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Form Approve,� by City
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Adopted by Council: Date
Adoprion Certified by Cou �il Secretary
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Approve y a Date j/p
By:
Form prov , y�or fo mis o t�ncil
By: �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUOffice/Council: Date Initiated: � �/ � ! �
SI —Dept.ofSafety�inspections ; 08DEC2009 ; Green Sheet NO: 3090856
I Contact Person & Phone:
'�� Virpinia D. Paimer
266-8710
'�, Must Be on Counci� A\qenda by
, 23-DEC-09 ( (`�., �rt ,�
Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
� �� 0 �Dept. of Safetv & Insoeclions ' � '
� 1� ept of Saferi & Inspections ' i Deoartment Director
Assign 1 2 CStyAttomev i! CitvAttomev �
Number I 3
For �i�'1awYS O1fice L MavorlASSisFant
Routing � 4 Councr7
Order � 5 GtiIV Clerk i Citv aerk i
Total # of Signature Pages _(Ciip All Locations for Signature)
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Approval of the attached resolution to take adverse action against the Second Hand Dealer - Motor Vehicle license held by Eliot
Enterprises, Inc. d/b/a Eliot Automotive (License ID#20000001301) for [he premises located at 530 Cleveland Avenue North in Saint
Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Hes this persoNfrtn ever been a c(ty employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees in the amount of $646.00. After notification, licensee did not respond to the
No[ice of Intent to Suspend License.
Advantages If Approved:
License suspension.
DisadvanWgeslfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Ir�formation:
(Explain)
CosURevenue Budgeted:
Activily Number:
December 8, 2009 11:03 AM Page 1
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PAUL
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CITY OF SAINT PAUL
Chnstopher B. Colem¢n, Mayor
November 10, 2009
OFFICE OF THE CITY A'ITORNEY
John J Ciun, CiryAttomey
GvilDio�s�on
400 C�ry H¢[1
]5 West Kel[ogg Blvd
SaintPaul, Minrsesom 55102
Telephorse:651 266-8770
Facsimiie� 651298-5619
NOTICE OF INTENT TO SUSPEND LICENSE
Mazk Eliot
Eliot Automotive
530 Cleveland Avenue North
St. Paul, MN 55114
RE: Second Hand Dealer — Motor Vehicle license held by Eliot Enterprises, Inc. d/b/a Eliot
Automotive for the premises located at 530 Cleveland Avenue North in Saint Paul
License ID #20000001301
Dear Mr. Eliot:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Second Hand Dealer — Motor Vehicle license held by Eliot Enterprises, Inc. dlb/a Eliot
Automotive for the premises located at 530 Cleveland Avenue North in Saint Paul. The basis for
the recommendation is as follows:
On September 11, 2009, you were sent a letter and RENEWAL
INVOICE from the Department of Safety and Inspections (DSI)
indicating that your Second Hand Dealer — Motor Vehicle license had
expired as of May 5, 2009. Your license is now delinquent and you
currently owe $646.00 ($431.00 in license fees and $215.00 in late fees).
You were given until October 2, 2009 to pay the amount due. As of
today's date that payment has not been received.
At this time you have three options on how to proceed:
You can pay the $646.00 in delinquent license and late fees. If this is your choice, you
should send the payment directly to the Department of Safety and Inspections at 375
Jackson Street, Ste. 220, St. Paul, MN 55101-1806 no later than Friday, November 20,
2009. 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 a waiver of the hearing to which you are entit]ed.
Affirmative Action Equal Opportunity Employer
r��- � �aa
Eliot Automotive
November 10, 2009
Page 2
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 wiil need to send me a letter with a statement
admitting the facts and requesting a public heazing. We will need to receive your letter by
Friday, November 20, 2009. The matter will then be scheduled before the City Council
for a public heazing to determine whether to suspend your license. You will have an
opportunity to appear before the Council and make a statement on your own behalf.
3. If you no longer wish to do business in the Ciry of Saint Paul, you will need to
send a written statement to that effect to the Depaztment of Safety and Inspections
(DSI), at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later
than Friday, November 20, 2009. Information should be directed to the attention
of Christine Rozek.
If I have not heard from you by that date, I will assurae that you do not contest the
suspension of your license. 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, please feel free to contact me at (651) 266-8710.
Sincerely,
�li����-� a I�c�^�.�t (�4>
Virgmia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Mark Eliot, 205 Woodpecker Ridge Road, Tonka Bay, MN 55331
Affirmative Action Equal OnDOrtunitv EmDlover
STATE OF MINNESOTP
, ss. AFFIDAVIT OF SEi. . ICE BY U.S. MAIL
COUNTY OF RAMSEY )
D�-1 ��
Julie Kraus, being first duly swom, deposes and says that on the _�_ day of
November, she served the attached NOTICE OF INTENT TO SCTSPEND LICENSE by
placing a true and conect copy thereof in an envelope addressed as follows:
Mazk Eliot
Eliot Automotive
530 Cleveland Avenue North
St. Paul, MN 55114
Mazk Eliot
205 Woodpecker Ridge Road
Tonka Bay, MN 55331
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Pau1, Minnesota.
1�1�.� �
Julie Kraus
Subscribed and sworn to before me
this of November, 2009
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N tary Public
RITA M. BOSSARD
NDTARY PUB LIC - M INNESO TA
MY COMMI5S ION
EXPIRES JAN. 31 . 2 0 1 0