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
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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
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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) -
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CTTY OF SAINT PAUL
x�,a c. �u}: a�m
June 28, 2005
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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
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At this time, you haue three options on how to proceed:
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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
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STATE OF NIlNNESOTA )
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COUNTY-OF RAMSEY )
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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�!
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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.