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05-1044w � i�-v�N �� I � �� /� Council File # v� _�'� , 1 � g ►7 Green Sheet # ��J�� 1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Committee: Date WHEREAS, adverse action was initiated against the Sidewalk Contractor license held by Ti Zack Concrete, Inc., d/b/a Ti Zack Concrete (License ID#20030002453) for the City of Saint Paul by Notice of Intent to Suspend License dated October 13, 2005, alleging licensee failed to submit a current Sidewalk/Bituminous bond in the amount of$5,000 for the coverage perio une 4, 2005 through September 21, 2005, with no lapse in coverage; and WHEREAS, licensee did not respond to the Notice of nt to Suspend License to contest the allegations or submit the requested docuxnents; and WHEREAS, the Norice of Intent to spend License stated that if the licensee failed to respond or submit the requested doc s by October 24, 2005, that the matter would be placed on the consent agenda to impose recommended penalty, now, therefore, be it RESOLVED, th e Sidewalk Contractor license held Ti Zack Concrete, Inc., d/b/a Ti Zack Concrete is hereb spended until such time as all the required documents aze submitted and approved by t Office of LIEP. �� r �� r �� Requested by Department of: Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By sY : ��-.�.t.a.��� �I /�r-�t-�v Form Approved by City Attorney -- —- OS-/o � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentlofficelcouncil: Date Initiated: �p — Licensennsnecaon�nvim„rrot Z��T-05 Green Sheet NO: 3028607 Contad Person & Phone- Deoartment Sent To Person Initial/Date Rachel Gunderson � 0 �icen e/Ins eMi nviro Pro 266$710 qu�9n 1 icenelin ectioo/EnvironPro eartmentDireMOr t Be on Council qqenda by (Date): Number 2 ; Attorne Por RoUting � 3 a or's Office Ma or/ASSistant Lhder 4 un +! 5 lerk Cti lerk Total # of Signature Pages _(Clip All Loptions for Signature) Action Requested: Approval of the attached resolurion to take adverse acrion against ffie Sidewalk Confractor license held by Ti Zack Concrete, Inc., d/b/a Ti Zack Concrete (License ID#20030002453) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: � Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No � � Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Wh�: , Licensee failed to submit a ciurent SidewalkBituminous bond in the amount of $5,000 for the period of June 4, 2005 through September , 21, 2005. After norificafion, licensee did not respond to the Notice of Intent to Suspend License. AdvantaqeslfApproved: License suspension as recommended by the Office of LIEP. �(`�'l Disadvantapes If Approved: � None. �t'�l � � %QL�5 �v�A`���'S �fr{CE Disadvantages If Not Approved: - License not suspended against the reconanendation of the Office of LIEP. Total Amount of CosURevenue Budgeted: � Transaction: Punding Source: Activity Number: � • '��^�"'��r�� �°� Financial Information: y � (Explainj �oV o i C�Q5 os - �� SqINT PAUL ��TF AAAA � CITY OF SAIlVI' PALTL Randy C. Ketly, Mayor October 13, 2005 OFFIC� � THE CITY ATTORNEy MameeZJ. Cerv¢nter, CityAnoraey cr,�tDr,�on 400 CiryHall IS WestKelZoggBlvd. Sainf Paul, Minnesotn 55702 NOTICE OF INTENT TO SI3SPEND LICENSE Owner/Manager Ti Zack Concrete 39352 - 221s` Avenue LeCenter, MN 56057 Telephone: 65126G87I0 Facsimile: 651298-5619 RE: Sidewalk Contractor license held by Ti Zack Concrete, Inc. d/b/a Ti Zack Concrete for the City of Saint Paul License ID # 20030002453 Dear Sir/Madam; The Office of License Inspections and Environmental Protection has recommended the suspension of the Sidewalk Contractor license held by Ti Zack Concrete, Ina dtbfa Ti Zack Concrete far the City of Saint Paui. The basis for the recommendation is as follows: On July 14, 2005 you received a letter from the Office of License, Inspections and Environmental Proteciion stating that your bond had been cancelled effective June 4, 2005. In order to remove the hold placed on your license, you were required to submit a current Sidewalk/Bituminous bond in the amount of $5,000 for the period of June 4, 2005 throngh September 21, 2005 with no lapse in coverage. You were given until July 25, 2005 to submit the information. In addition, on September 21, 2005, yon allowed your General Liability insurance to lapse. As of today's date, the office of LIEP has neither received the Sidewalk/Bituminous bond nor a current certificate of General Liability insurance with no lapse in coverage. AA-ADA-EEO Employer Ti Zack Concrete � ' Octaber 13, 2005 Page 2 At this tune you have three options on how to proceed: � 1. You can submit the necessary information to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suife 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005. Tnformation should be directed to the attention of Christine Rozek. 2. If you wish to have a public hearing befare the 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 Monday, October 24, 2005. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You wili have an opporhuiity to appeaz before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the City of Saint Paul, you may send a written statement to that effect to the Office of License, lnspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005. Information should be directed to the attention of Cl�ristine Rozek. Please let me know in writing no later than Monday, October 24; 2005, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the suspension of your license. If you have any quesrions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer � �, STATE OF NIINNF_SOTA ) ) ss. COiJNTY OF RAMSEY ) � AFFIDAVPT OF SERVICE BY U.S. MAIL MEGHAN IvIcGIVERN, being first duly sworn, deposes and says that on October 14, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Ti Zack Concrete 39352 - 221s` Avenue L.eCenter, MN 56057 (which is the last Irnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� �1�.�/� �1�L-� . �'//'JI�1_� ' MEGHAN McGIVERN Subscribed and sworn to before me this�ay of October, 2005. Notary Public JOANNE G. CLEMENTS NOTARY PUBL�C - MINPESOTA MY COMMISSiON EXPIRES dAN.31. 201 0