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03-879Council File # �3 - D� 1 Green Sheet # 3�� S� ��o Presented By Referred To RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Committee: Date I�J 1 2 3 4 5 6 7 8 9 10 11 12 RESOLVED, that the City Contractor license (License ID No. 20020002688) held by Brian J. Tankersley d/b/a Tankersley Construction, is hereby suspended immediately far failure to maintain current general liability insurance as required for licensure. Said suspension shali remain in effect until such time as the ]icensee submits proof of current general liability insurance coverage with a 30-day notice of cancellation and with the City of Saint Paul named as an additional insured, and written notice of the lifting of said suspension has been provided to the licensee by the Office of License, Inspections and Environxnental Protecrion. This Resolution and the action taken above aze based upon the facts contained in the August 15, 2003 Notice of Violation letter to the licensee. The licensee did not respond to the Notice of Violation. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green �3 Sheet � �� Departmentlofficelcouncil: Date Initiated: �p — L;�sei�ns�cno�no�oorroc 17SEP-03 Green Sheet NO: 3005416 Contact Person & Phone: Deoar6nent Sent To Person Initiai/DMe Vrginia Palme� � 0 icen n eciioNEnviron ro 2 �� A55ign 1 icen ns ectioNEnviron De ar[mentDirector Must Be on Counul Pgenda by (Date): Number Z , Attorne / \ `' � � Routing 3 a or's OfSce Ma or/ASSistaot Order 4 ouocil 5 i Clerk C" Clerk Total # of Signature Pages _(Clip Ail Loptions for Signature) Action Requested: Adverse acrion against the City Conffactor license held by Brian J. Tankersley d/b/a Tankersley Conshucrion. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has fhis person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfittn ever been a city employee? Yes No 3. Does this person/hrm possess a skill not normally possessed by any current city employee? Yes No " Ezplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Brian J. Tankersley d/b/a Tankersley Construction has failed to maintain current general liability insurance as required for licensure. Advantanes If Approved: City will have enforced insurance requirements for licensure. Disadvantages If Approved: None Disadvantages If Not Approved: CiTy will have faIled to enforce insurance requirements for businesses licensed by the City of St. Paul. Total Amount of CosURevenue Budgeted: u �¢'��?�f=i �£f!�2f ('� 1- Trensaction: � � Funding Source: Activity Number: Financial Information: s�p � 9 200� (Explain) �3'�6�9 UNCONTESTED LICENSE MATTER Licensee Name: Location: Violation: License Type: Brian J. Tankersley d/b/a Tankersley Construction 381 Owasso Boulevard South Expired insurance City Contractor Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Immediate Suspension of City Contractor License until proof of current insurance provided Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4, 6/10/03 letter from LIEP to licensee 03 CITY OF SAINT PAUL Rnndy C. Kelly, Mayor August 15, 2003 OFFICb ,,: THE CITY ATTORNEY Manuel J. Cer�nntu, CityAttorney CivilDivision 400 Ciry HnI[ I S West Kellogg Blvd. Saim Pn�d, d.finnuota 55l0? Telephone: 65f 266-8710 Facsimile: 657 298-5619 NOTICE OF VIOLATION Brian 7. Tankersley Tankersley Construction 381 Owasso Boulevard South St. Paul, MN 55113 RE: City Contractor License held by Brian J. Tankersley d/b/a Tankersley Construction for the City of Saint Paul License ID #: 20020002688 Dear Mr. Tankersley: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against your City Contractor license. The basis for the recommendation is as follows: You were sent a letter by the Office of License, Inspections and Environmental Protection on June 10, 2003 indicating that you needed to submit a current certificate of insurance for the coverage period from May 27, 2003 through May 27, 2004. The insurance would also need a 30-day notice of cancellation of the policy and name the City of St. Paul as an additional insured. You were given until June 24, 2003 to submit the insurance, but as of today's date nothing has been received, nor have you indicated that you no longer wish to do business in Saint Paul. If you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled for a hearing before the Saint Paul City Council to determine what penalty, if any, is appropriate. You will have an opportunity to appear before the Council and make a statement on your own behalf. The recommendation from the licensing office is for the immediate suspension of your City Contractor license until the required insurance information has been provided. You may also submit the required insurance information immediately to the Office of License, Inspections and Environmental Protection to take care of this matter. Alternatively, if you are no longer in business in the City of Saint Paul, you AA-ADA-EEO Employer �3-�� Page 2 Brian 7. Tankersley August 15, 2003 will need to send a letter to LIEP and inform them of that fact. In either case, the insurance information, or the letter should be directed to Ms. Christine Rozek, Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, you will need to send me a letter stating that you aze contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Monday, August 25, 2003, how you wish to proceed. If you have not contacted me by Monday, August 25, 2003, I will assume that you are not contesting the facts stated above. I will then schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �� Virginia D. Palmer Assistant CityAttorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer STATE OF MINNESOTA COUNTY OF RAMSEY x� AFFIDAVIT OF SERVICE BY U.5. MAIL 03- 8"19 Kazen M. Doumany, being first duly sworn, deposes and says that on the 15th day of August, 2003, at the City of Saint Paul, county and state aforemention, she served the attached Nofice af Violafion by depositing in the United States mail at said City of Saint Paul, a true and conect copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual: Brian J. Tankersley Tankersly Construction 381 Owasso Boulevard South Saint Paul, Minnesota 55113 . �J � - .. � Subscribed and sworn to before me this 15th day of � � /,1i� l / �I '�"°� PE7ER P. PAPdGBORN , .,T NOTAf Notary Public � d �. , Mp coa�Mi�s�s�r� �XWla.ES JAPI. 31, 2�Jtl�5 License Group Comments TeM Licensee: gRIAN J TANKERSLEY �BA� TANKERSLEY CONSTRUCTION License #: y0020002686 08/Ot/2003 No response from licensee. To CAO for ticense suspension. CAR O6/70/2003 Sent letter requesting insurance. CAR 06/04/2002 Has State of Minnesota Exemption card, lic# BC - 20271408. KRD 08/Ot/2003 03 - �� 03-��°l 4u ��..i�� 5e�e. � ( 4censee I� Lc.Types ,� Ys.rarc C FIX+�Y �r Lkenme f lmMdx —_ StreNt �ol StremNemn�� A550 { : LtetMYD� P _ CvNm � 1 UY t. � �tav rwrvat � �1°k' � IP< . "'- 55113 � R�« � BttN �ftGtPweReKSI . Ro�edF Rdr. ASUACNW.CORP�PIE . � AWdSCAqKnCmvnCfYS L-Its rewesirq ecuarce. CM 9ate ol ASmesde E�mplun cerd.lU Ltensea GJmneMS' v3-�� -- ---� � ��,�«�� tKe�sn uwsc � nsverca � .Baq _�2pMacv:l .. ..... LcenxeNeme JTRN(ERSLEY L�?° ..... �q� D94 M➢QRSEYCIXISTRUCiqN Stlesiss4i H18]66�1 NarPOI[[� Wbrktr'sCmy; � NppC00 �. MCdtratlRtt'd � AATrewgRec'rt AOO.UON A0.FeeCdttte2 q0,Op00 � WwiutRe['Qr �'+ �+tt^ni FnanelHdtlPeemnx aea . �,f�i"n'e7 . , �� Rsasm ;�;�'"t � .,'�`a i... a ._ Cw1ms ivin'slkmsee -. .. a � . � �'.� _�� MeilxweTIX� � �'�^'� � �- f• MNTOCp�act BusnaxMOa!lN10R1o0AqNOqiuxERSlFY efNV1 � UrYt.ep yb5tl�5�<am .f,ucenseaao�ess' IXiri �B.O62002011DRa6TAKKH25LEY BPoAN ' 1 L5I.41 --� —__._—_____'_____ ..'__._...._�R._...�,___—___.' -MeihvticeTO'--. ;r,�mcw.a ; - rv [' u�aae nan� • .��.�-.m'.�,- �''M,:� ..'�,��`.�._._.._"___.—_ eak��a�aa��.�a r. w�; 03 OFFICE OF LICENSE, NSPECTIOVS AND ENVIRON:vIEMALPROTECTiO�f � laneen E. Ros¢s, Director O'j�Q7� ✓ CITY OF SANT PAUL Randy C. Ke[ly, Mayar LONRYPROFESSIONAL.BUILDNG Telepkane: 65I-266-9090 350 St. Peter St�ee1, Suite 300 Facsimile: 651-266-912J Saint Paul, �Lfinnesota 55702-l570 Web: mvw.liep.us (p/a. D 3 n 0 v�5�It1 S�— Date: lG�) � �/--1.'L � License #: �--I;�JZ�'C'�' 2� p b Licensee: �(�GL�LPiGS�E%(�/ �b�/lS��j/(� CY� LicenseType(s): l;l�-t,r �i t"{"I�i1(�{-�Y � ��51� ��i c �� Your license has been placed on hold until the following requirements arz met: ( ) Pay your license renewal fee of S . And, late fee char�es of $ Total license renewal due is $ (� Submit a current certificate of insurance: C��u-' G�� -�� ``�7� � � ) Coverage Period: �� 2� � through C--Z� policy expiration date must coincide �vith the license expiration date or be filed as continuous until canceled"as per Saint Paul Leo slative Code Chapter 310, Section 310.07(d). ( ) We require at ]east 30 days notice of cancellation of the insurance policy as per Saint au Legislative Code Chapter 7, Section 7.06. ( ) We require the City of Saint Paul be named as an additional insured. (Note: Naming the ity of Saint Paul as certificate holder does not meet this requirement.) ( ) We require proof of liability: general / auto / professional / liquor or waiver letter The minimum limits of liability is ( ) The licensed business name must be listed as the insured's name. The licensed business name is ( ) The licensed business address must be listed at the insured's address. The licensed business address is . ( ) Submit a current original bond. In the amount of $ Attach a valid Power of Attorney. ( ) Additional requirements: Please respond by ((� Z� �Z� �� . If there is no response, this office will begin the adverse action process to suspend your license until all requirements are met. You have the opportunity to appeal the City's decision through this proceedin�. If you have any questions regarding this matter, please contact l�t,w �� at 651-266- �� AA - ADA - EEO Employer