Loading...
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 ).(.�/ � Form Approved by City Attorney Adopted by Council: Date �� /� O�f Adoption Certified by Council Secretary By: / Approved By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � f'la-lt�Zl 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$ ..� � � Y �Mlss ON OTA '♦ @Xp;RES JAN.31.20Q8