04-1071Council File # ��� ���'
Green Sheet # SU� ! � c�. � J
PRESENTED BY
REFEIiI2ED TO
RESOLVTION
CITY�F SAINTj�AUL, MINNESOTA
�2
CONLVIITTEE= DATE
1
z WHEREAS, adverse action was initiated against the application for a Massage
a Practitioner's license application submitted by Andrew J. McConico, (License ID#
4 20040000118) for the premises located at 1600 University Avenue West in Saint Paul by Notice
s of Intent to Deny License Application dated October 14, 2004, alleging failure to submit a
s current certificate of General and Professional Liability Insurance and Proof of Opening
� Inspection from an Environmental Health Inspector; and
s
s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License
io Application to contest the allegations and did not submit the required docuxnents; and
ia
iz WHEREAS, the Notice oi Intent to Deny £,icense Application stated that if thz licensee
i� failed to provide the required documents by October 25, 2004, that the matter would be placed
f� on the consent agenda to deny the applicaYion; now thereiore, i�e it .
is
is RESOLVED, that the application for a Massage Practitioner's license submitted by
iv Andrew J. McConico be denied as recommended by the Office of LIEP.
ie
is
Requested by Department of:
BY � �i�� f?" Fiti ).(.�/
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Form Approved by City Attorney
Adopted by Council: Date �� /� O�f
Adoption Certified by Council Secretary
By: /
Approved
By:
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrnenUofficefwuneil: Dafe Initiafed:
LP — LicenseMspecSon�EnvironArot z��� Green Sheet NO: 3024025
ConWCt Person 8 Phone: ���eM Sent To Person InitiaUDate
Yrginia Palmer � 0 ' n n ecti nviron P
266$��� Assign 1 icen eJ[ns ectioo/EvvironPr De artmentDirecto
Must Be on Council Agenda by (Date): Number 2 � A m
For
Ra ��� g 3 a or•s OfTice Mav r/Ass'stant
OfdE� 4 uncil
5 i Clerk Citv Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the Massage Practirioners license application submitted by
Andrew J. McConico (License ID#20040000118) for the premises located at 1600 University Avenue West in Saint Paul.
Recammendafions: Approve (A) a Reject (R): Personal Service Conlracts Mus! Mswer the Following Questions:
Planning Commission 1, Has this person/firm ever worked under a conVact for this departmenY?
CIB Committee Yes No
Civii Service Commission 2. Has this person/firm ever been a city employee?
Yes No
f 3. Dces this person/firm possess a skill not normally passessed by any �
I curtent city employee?
, Yes No
Explain ali yes answers on separate sheet and attach to green shee4 f
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee has failed to submit a cuirent certificate of General and Professional Liability Insurance and ProoE of Opening from an
Enoironmental Health Inspector as requested by the Office of LIEP.
RECEIVED
AtivantageslfApproved; � ZQQ[�
License application would be denied as recommended by tfie Of�'ice of LIEP. � C T 2
MAYOR'S OFFlCE
DisadvantagesifApproved:
None
._„]§ �a�+s22"r?�t s ..... rp
��'t
Disadvantages !f Not Approved:
License applicarion would be approved against the recommendarion of the Office of LIEP. ��,`'� ���6��
Total Amount of Cost/Revenue Budgeted:
7ransactian:
Punding Source: Activity Number.
Financial Information:
(Explain)
,,
CITY OF SAINT PAUL
Randy C. Kelly, binyar
October 14, 2004
OFFICE .,�,� THE CITY ATTORNEY
blartuelJ.Cenantet,CiryA!lorney �� ����
Civi! Divisian
400CiryHnfl Telephone:651266-87/0
15 {Vert Kellogg B(rb Facsimile: 65! 198-5619
Sain! Paul, bfinnesata 5510?
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Andrew J. McConico
1600 University Avenue W.
St. Paul, MN 55104
RE: Application for Massage Practitioner License by Andrew J. McConico, for the premises
located at 1600 University Avenue W. in the City of Saint Paul
License ID #: 20040000118
Dear Mr. McConico:
The Office of License Inspections and Environmental Protection (LIEP) has
recommended adverse action against the Massage Practitioner license held by Andrew J.
McConico for the City of Saint Paul. The basis for the recommendation is as follows:
On May 17, 2004, a letter was sent to you by the Office of LIEP
requesting the following documents: 1) a current certificate of
General and Professional Liability insurance naming the City
of Saint Paul as an additional insured, 2) Proof of Affiliation
from a City or State licensed facility, 3) proof of either current
certiFcation in Therapeutic Massage or successful completion
of written and practical exams from the City of Siant Paui
authorized examiner, and 4) Proof of Opening inspection from
Environmental Inspector, Barb McMonigal-St. Dennis. You
were given until May 24, 2004 to provide this information.
On August 13, 2004 a second notice was sent to you by the Office
of LIEP stating they had not received the current certificate of
General attd Professional Liability insurance naming the City
of Saint Paul as an additional insured or the Proof of Opening
inspection from Environmental Inspector, Barb McMonigal-St. Dennis.
You were given until August 20, 2004 to provide this information.
As of today's date we have not received the informarion requested.
AA-ADA-EEO Empioyer
. Andrew J. McConico
October 14, 2004
Page 2
The recommendation will be for suspension of your license until such time as the
information requested has been received.
At this time you have three options on how to proceed:
D�t' ll)��
1. If you do not dispute the above facts but wish to proceed with your license
application, you may submit the necessary information to the Office of License,
Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300,
Saint Paul, Minnesota, 55102 no later than Monday, October 25, 2004.
Information should be directed to the attention of Christine Rozek.
2. If you do not dispute the above facts please send me a letter �vith a statement to
that effect. The matter will then be scheduled for a hearing before the St. Paul
City Council to determine what penalty, if any, to impose. You will have an
opportunity to appear and speak on your own behalf, or to have someone appear
there for you. The recommendation from the licensing office is for the immediate
suspension of your license until a certificate of insurance has been submitted and
approved by the licensing office.
3. If you no longer wish to do business in Saint Paul, you may withdraw your
app:ication. That request should be made in writing ta the Office of License,
Inspection and Environmental Protection.
Please let me know in writing no later than Monday, October 25, 2004 how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
aot coutesting tke facts of the violation. The matter will then be schedaled for the St. Paul
City Council and placed on the Consent Agenda during which uo discussion is allowed and
your application will be denied.
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
�L/G • �zccc`"` cc-( �,t.�-�
�
Virginia D. Palmer
Assistant City Attomey
cc: Andrew J. McConico, 2114 Queen Avenue North, Minnepolis, MN 55411
Christine Rozek, Deputy Director of LIEP
Ms. Anneliese betwiler, Program Administrator, Snellin� Hamline Community Council
1684 Selby Avenue, St. Paul, MN SS104
AA-ADA-EEO Employer
0�-io�l
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFTDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, bein� first duly swom, deposes and says that on October 14, 2004,
she servedthe attachedNOTICE OF IN'I'ENT TO DENY LICENSE APPLICATIONbyplacing true
and correct copies thereof in envelopes addressed as follows:
Andrew J. McConico
1600 University Avenue W.
St. Paul, MN 55104
Andrew J. McConico
2114 Queen Avenue North
Minneapolis, MN 55411
Ms. Anneliese Detwiler
Program Administrator
Snelling-Hamline Community Council
1684 Selby Avenue
St. Paul, MN 55104
(which are the last known addresses of said people) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
r
'�� .�s .. �,. � . �.. . .,,
`.:ii• s :. '
Subscribed and sworn to before me
this Jslt�i.�lay of October, 2004.
�.�. JG;33R'f G C1EMi:NT$
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'♦ @Xp;RES JAN.31.20Q8