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05-694Council File # O�' �� � Green Sheet # �y, 13 S� RESOLUTION CITY OF PRESE\TED BY REF'ERRED TO C0�IDZITTEE:. DATE � i WHEREAS, adverse action was taken against the Massage Practitioner License held by z Kim M. Buchberger, d/b/a Kim M. Buchberger (License ID#20000005982) for the premises s located at 1690 University Avenue West in Saint Paul by Notice Of Intent To Suspend License 4 dated June 28, 2005, alleging failure to pay license fees and late charges in the amount of s $121.00 and submit a current certificate of General and Professional Liability insurance with the s City of Saint Paul named as additional insured and a 30-day notice of cancellation; and s WHEREAS, the licensee did not respond to the Norice Of Intent To Suspend License to s contest alleged violation, pay the fees or submit the required documents; and io ii iz 13 14 15 is i� is 19 WHEREAS, the Notice of Intent To Suspend License stated that if the licensee failed to contest the allegation, pay the fees or submit the required documents by July 8, 2005, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Massage Practitioner License held by Kim M. Buchberger, d/b/a Kim M. Buchberger is hereby suspended until such time as the fees are paid and the required documents are submitted and approved by the Office of License, Inspection and Environmental Protection. PAUL, MINNESOTA � k � � Green Sheet Green Sheet ir oS- b9�} Green Sheet Green Sheet Green Sheet Green Sheet � ..���unemiomceacouncn: Datelnitiated: LP -���su������„�� 12JUL-05 Green Sheet NO: 3 Contact person 8 Phone: Rachei Gunderson 266-8710 Be on Councii qqenda � U?oartmeM Se'rt To Person 0 icen ' n/Ewimo Pr ��9� 1 icens ection/Environ Pro e artment irector Number 2 � � For Routing 3 a or's Office Ma or/AS istant Order 4 nncil 5 ' Clerk Ci C7erk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: � Approval of the attached resolution to take adverse action againstthe Massage Practitioner License held by Kim M. Buchberger, d/b/a Kim M. Buchberger (License ID#20000005982) for the premises located at 1690 University Avenue West in Saint Paul. itlations: Approve (A) or F Planning Commission CIB Committee Civil Service Commission Must Answer the Following Questions• 1. Has this personffirtn ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a cily employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any curzent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Inikiating problem, lssues, OppoRunity (Who, What, When, Where, Why): Licensee failed to pay the license fees and late fees in the amount of $121.00. The licensee also failed to submit a current ceitificate of Generai and Professional Liability insurance with the City of Saint Paui named as additional insured, a 30-day notice of cancellation and Proof of Affilation with a City or State licensed facility. Advantaqes If Approved: License suspension as recommended by the Office of LTEP. DisadvantaqeslfApproved: None Disadvantages If Not Approved: License ttot suspended. Transaction: Funding Source: CosURevenue Budgeted: Activity Number: COt�S� R363�CCh CL�1t�P Financiallnformation: ��� � � �� (Ecplain) - �" � CTTY OF SAINT PAUL x�,a c. �u}: a�m June 28, 2005 os v9y _ __ OFFICE Gy i'HE CTTY ATTORNEY MmareZJ. Cervmues, CityAnorney c��o„ 400 C�yHaT1 - Tetephane: 657 2668710 ISWest%Aop,gBlvd Facsimi1e:651298-5679 SamtPau� Mbn`esota SSIO2 NOTICE OF INTE�V'I' TO SUSPEND LICENSE Kim M. Buchberger 1690 University Avenue West, Ste. 390 St. Paul, MI+I 55104 RE: Massage Practitioner License held by Kim M. Buchberger, d/b/a Kim M. Buchberger for the premises located at 1690 University Avenue West, Ste. 390 in Saint Paul. License ID #:20000005982 Deaz Ms. Buchberger: The Office of License, Inspections and Environmental Protection has recominended adverse action against the Massage Practitioner License held by Kim M. Buchberger, d/b/a Kim M. Buchberger for the premises located at 1690 University Avenue West, Ste. 390 in Saint Paul. The basis for the recommendation is as follows: On Apri122, 2005 and again on May 13, 2005 you received calls from the Office of License, Inspection and Environmental Protection regarding the ezpiration of your Massage Practitioner's license. In order to renew your license you were asked to pay the license fees and late fees in the amonnt of $121.00. You were also asked to submit a cnrrent certificate of General and Professional Liability insurance with the City of Saint Paul named as an additional insured, a 30-day notice of cancellation and Proof of Affiliation with a City or State licensed facility. As of today's date the payment of the fees and the information requested has not been received. � The Office of LIEP will recommended a suspension of your license until such time as the required payment and documents have been received. AA-ADA-EEO Employer Kim M. Buchberger June 28, 2005 Page 2 �' At this time, you haue three options on how to proceed: �.. oS- �9� 1. If you do not dispute the above facts but wish to continue to do business in the City of Saint Paul, you may submit the necessary information to the O�ce of License, Inspections and Environmental Protection at 8 Fourth Street F.,ast, Suite 20Q St Paul, Minnesota 55101-1002 no later than I�h'day, July 8, 2005: All Information should be directed to the attention of Christine Rozek. 2. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Friday, July 8, 2005: The inatter will then be scheduled before the City Council for a public hearing to determiue what penalty, if any, to impose. You will have an opportunity 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, Inspecrions and Environmental Protecrion, 8 Fourth Sh East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, Jaly S, 2005. Information should be directed to the attention of Christine Rozek. Please let me know in writing no later Friday, July 8, 2005, how you would like to proceed. If you have not contacted me by then, I will assume that you are not contesting the facts. I will then schedule this matter for the St. Paul City Council and have it piace on the Consent Agenda during which no public discussion is allowed and your license will be suspended. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� Rachel Gun erson Assistant City Attorney cc: Cluistine Rozek, LIEP Kim M. Buchberger, 5297 Matterhorn Drive, Fridley, MN 55421 AA-ADA-EEO Employer A � STATE OF NIlNNESOTA ) ) ss. COUNTY-OF RAMSEY ) � OS" b`� A�FIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on June 28, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing true and correct copies thereof in envelopes addressed as follows: Kim M. Buchberger 1690 University Avenue West, Ste. 390 St. Paul, MN 55104 Kim M. Buchberger 5297 Matterhorn Drive Fridley, MN 55421 (which are the last iaiown addresses of said person) depositing the same, with postage prepaid, in the United States rtiail at St. Paul, Minnesota. fl +�f ��I�1F"'�'�r�! � MEGHAN McGNERN Subscribed and sworn to before me JOANNE G. CLEMENTS NOTARY PU&IC- MWFESOtA MY COMMISSION EXP{RES JAN.31, 201 0 this 28th day of June, 2005.