05-1046Council File # � � �'� ' ` r
Green Sheet # � t'30�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
PRESE\TED BY
REFEIZRED TO
CONIMITTEE: DATE
1
z WHEREAS, adverse action was initiated against the Tree Trimmer & 1 Vehicle and Tree
a Trimmer - Each Additional Vehicle license applications submitted by Bany W. Albright, d/b/a
4 Westem Tree Service (License ID#20050001579) for the City of Saint Paul, by Notice of Intent
s to Deny License Applications dated October 12, 2005, alleging licensee failed to submit a current
s certificate of General Liability insurance; and
v
s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License
s Applications to contest the allegation or to submit the requested documents; and
io
i i WHEREAS, the Notice of Intent to Deny License Applications stated that if the licensee
iz failed to respond ar submit the requested documents by October 24, 2005, that the matter would
i3 be placed on the consent agenda to impose the recommended penalty; now therefore, be it
14
is RESOLVED, that Tree Trimmer & 1 Vehicle and Tree Trimmer - Each Additional
is Vehicle license applications submitted by Barry W. Albright, d/b/a Western Tree Service are
iv herebydenied.
is
is
Requested by Department of:
BY � � !7 �"`�4�' /
Form Approved by City Attorney
Adopted by Council: Date µe?✓l�-.� ���
By:
Adoption Certifi d by Council Secretary
Approv b Mayor.for Su s' o C n il
By: �
Approved by a� Date � By
B _ ��' � �
os- �o�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP — �cence/hi�spection/Enviton Prot
ConNact Person 8 Phone:
Rachel 6underson
2668710
Must Be on Councii Aaert
Total # of Signature Pages
Date Initiated:
260CT-05
■�►
Assign
Number
For
Routing
Order
Green Sheet NO: 3028609
0 icensellns ec[ion/Envi n Pro
1 icenseJlns ection/Environ Pro De a ent Director
2 ' A m
3 a or'sOffce Ma odAssistant
4 ouncil
5 ' Clerk C" Clerk
(Clip All Locations for Signature)
Approval of the attached resolution to take adv�se acrion against the Tiee Trimmer & 1 Velucle and Tree Trinuuer - Each Addirional
Velucle license applicarions submiteed by Barry W. Albright, d/b/a Westem Tree Service (License ID#20050001579) for the City of
Saint Paul.
idatlons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
Followi�g Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm 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, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit a current certificate of General Liability Insurance. After notification, licensee did not respond to the Notice of
Intent to Deny License Applicarions.
AdvantageslfApproved:
License applicauon denial as recommended by the Office of LIEP.
DisadvantageslfApproved:
None.
Disadvantages If Not Approved:
Applicarion approved against the recommendarion of the Office of LIEP.
- otai Amount of
Transaction:
Funding Source:
Fi nancial I nformation:
(Explain)
(R): � Personaf Service
Cast/Revenue Budgeted:
Activity Number.
R, ��L�] 4 1��
�fAYQR�� fl��,CF
!lCt£`,^$_ c'�,T^�':- ,,�_ FFf.;?i
6�'t8 ° tl 0 ffi ZDU�
a
CITY OF SAINT PAUL
Rm}dy C. Ke11}; Mayor
� �°
� OFFICE vF THE CITY ATTORNEY
Mmzuel J. Cervanles, CityAttorney
October 12, 2005
CiviZDivis3on
400Cffj.Hall
IS IYestKello,e¢Blvd
SaintPaul, Minnesota 55102
NOTICE OF INTENT TO DENY LICENSE APPLICATIONS
Owner/Manager
Westem Tree Service
14907 TTT Road
Paynesville, MN 56362
OS- lo�
Te7eD�n�: 657 266-8710
Facsonile: 657 29&56I9
RE: Tree Trimmer & 1 Vehicle and Tree Trimuier-Each Additional Velucle license
applications submitted by Barry W. Albright, d/b/a Western Tree Services far
the City of Saint Paul
License ID # 20050001579
Deaz Sir/Madam:
The Office of License Inspections and Environmental protection has recommended denial
of the Tree Trunmer & 1 Vehicle and Tree Triinmer-Each Additional Vehicle license
applications submitted by Bany W. Albright, d/b/a Western Tree Services for the City of Saint
Paul• The basis for the recommendation is as follows:
On May 17, 2005 you received a letter from the Office of License, Inspections
and Environmental Protection statin� that in order to approve your license
�pplications you would need to submit a copy of your current General
Liability insurance.
As of today's date that information has not been submitted. .
At this time you have tt�ee options on how to proceed:
Ifyou wish to do business in the City of Saint Paul, you may submit the requested
documents to the Office of License, Inspections and Environmental Protecfion at 8 Fourth
Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday,
October 24, 2005. Information should be directed to the attenfion of Christine Rozek.
AA-ADA-EEO Employer
Westem Tree Service � ��
October 12, 2005
Page 2
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admitting tfie facts and requesting a public hearing. We
will need to receive your letter by Monday, October 24, 2005. The matter will then be
scheduled befare the City Council for a public hearing to determine whether to deny your
license applications. You will have an opporh.uuty to appear before the Council and
make a statement on your own behalf.
3. You may withdraw your license application. Send a written statement to that effect to the
Office of License, Inspections and Environmental Protecfion, 8 Fourth Sireet East, Suite
200, St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005.
Information shonld be directed to the attention of Christine Rozek. Any request for a
refund of the license appiication fee must also be made in writing to the Office of LIEP.
Please let me know in writing no later than Monday, October 24, 2005, how yon
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the denial of your license applications.
If you have any questions, feel free to cali me ar have your attorney call me at 266-8710.
Sincerely,
��
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LTEP
AA-ADA-EEO Employer
� �
STATE OF MIlVNESOTA )
) ss.
COLTNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on October 12, 2005,
she served the attached NOTICE OF INTENT TO DENY L.ICENSE APPLICATIONS by placing
a true and correct copy thereof in an envelope addressed as follows:
Owner/Manager
Westem Tree Service
14907 T'I`T Road
Paynesville, MN 56362
(which is the last known address of said person) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
ll�.� � ��.. �1 � ' ,l.�
MEGHAN McGIVERN
Subscribed and sworn to before me
this� of October, 2005.
otary Public
JOANNE G. CLEMENTS
NOTARY PUBLIC • MINPESOTA
MY COMMISSION
EXPIRES JAN. 31, 2 0 1 0