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05-921Council File # O� `�` Green Sheet # J�3. l�, � J 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 Massage Practitioner licence held by Jon H. Ordner, d/b/a 7on H. Ordner (License ID#20040001893), for the City of Saint Paul by Notice of Intent to Suspend License dated September 7, 2005, alleging failure to submit the required documents and pay the cost of the license renewal and outstanding late fees; WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the allegation, submit the required documents ar pay the cost of the license renewal and outstanding late fees; and WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay the fees by September 19, 2005, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefare, be it RESOLVED, that the Massage Practitioner license held by Jon H. Ordner, d/b/a Jon H. Ordner is hereby suspended unril such time as the required documents are submitted and the license renewal fees and outstanding late fees are paid in full. Requested by Department of: Yeas Navs Absent ,., Benanav .i L • � • � ` Q Bostrom v � Harris He a�n Lantry MOIICQOIItEYy Thune C�� By: �LA�A d� � �W2fJl/ Adopted by Council: Date ��� S oZD�s Adoption Certified by Council Secretary By: Approved Date /�' RESOLUTION OF SAINT PAUL, MINNESOTA �� Form Approved by City Attorney By: Mayor for By � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — U���/1o.spectionBnv;ron rmt Cordacf Person 8 Phone: Rachel Gunderson 266-8710 Must Be on Councii Aaen Date Initiated: 20SEP-05 y Assign Number For Routing Order (�5'gLl Green Sheet NO: 3028073 Deoartmerrt SeM To Person 0 icens n ection/Envimn ro 1 iceo s ection/Enviroo Pro D artment Director 2 iri tt ru 3 oYs flice Ma orlAssistant 4 ou cil 5 i Cle k Ci Clerk Total # of Sig�ature Pages _(Clip NI Loca6ons for Signature) Action Requested: Approval of the attached resolution to take adverse action against the Massage Practitioner license held by Jon H. Ordner (License ID #20040001893) for the City of Saint Paul. Recommendations: Approve (A) or Planning Commission CIB Committee Civil Service Commission Personal Service ConVacts Questions: t. Has this person/firtn ever worked under a contract for this departmenY? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green'sheet Initiating Problem,�issues, Opportunity (Who, What, Wfiert, Where, Why): Licensee failed to submit the required docuxnents and pay the fee to renew lus Massage Practitioner license. AdvantageslfApproved: License suspension as recommended by the Office of LIEP. DisadvantageslfApproved: None. „ ��ae,��$� P°en6s� Disadvantages If Not Approved: - License not suspended as recommended by the Office of LIEP. "oWl Amount of Trensaction: Funding Source: CosURevenue Budgeted: Activity Number: � I � Financial Information: (Explain) � OFFIC� Tf� CITY ATTORNEY Mmmel J. Cervmites, CiTyAttomey �_g Z � CITY OF SAINf PAUL crv��=on RandyC.Ke11y,Mayor 400CityHall Telephone:65I266�710 ISWestKeZlop,ABlvd Facriinile:651298-5679 - S�uPaul, Minnesota 55102 i r.r� September 7, 20Q5 NOTICE OF INTENT TO SUSPEND LICENSE Jon H. Ordner 195- 96�' Lane NE Blaine, MN 55434 RE: Massage Practitioner License held by Jon H. Ordner for the City of Saint Paul (License ID# 20040001893) Deaz Mr. Ordner: The Office of License, Inspections and Environmental ProYection has recommended adverse action against the Massage Practitioner License held by Jon H. Ordner for the City of Saint Paul. The basis for the recommendation is as follows: On August 26, 2005 you were sent an invoice from the Office of License, Inspections and Environmental Protection staring that your Massage Practitioner license had expired on 4127/OS and in order to reinstate thE license qou would need to submit $117.00 to cover the cost of the license and any outstanding late £ees. There are also two documents that need to be submitted: 1)Proof of Affiliation with a City or State licensed facility and 2) a current certificate of General Liability and Professional Liability insurance with the City of Saint Paul named as an additional insured and a 30-day notice of cancellation. The Office of LIEP made several attempts to contact you regarding these issues. As of today's date, you have not responded to their phone calls or submitted the required documents. The Office of LIEP will recommended a suspension of your license until such time as the license fee and late chazges have been paid in full and the required documents have been received. AA-AD�-EEO Employ�zr Jon H. Ordner September 7, 2005 Page 2 � At this tizne, you have three options on how to proceed: � c�-gZ1 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 license fees, late charges and required documents to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Pa.ul, Minnesota 55101-1002 no later than Monday, September 19, 2005. Informafioa 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 Monday, September 19, 2005. The matter will then be scheduled before the City Council for a public hea,;ng to determine 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, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than 1Vlonday, September 19, 2005. Information should be directed to the attention of Cluistine Rozek. Please let me know in writing no later Monday, September 19, 2005, how you wonld like to proceed. If you have not contacted me by then, I will assume that you are not contestirig the faets. I will then schedule this matter for the St. Paul City Couneil and have it place on the Consent Agenda during which no public discussion is allo�ved and your license will be suspended. I£you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � , Rachel Gunderson Assistant City Attomey cc: Chrisrine Rozek, LIEP =1.A-ADA-EEO Employer � � ��� STATE OF NIINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII. MEGHAN McGIVERN, being first duly sworn, deposes and says that on September 7, 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: Jon H. Ordner 195 - 96�` Lane NE Blaine, MN 55434 (which is the last lrnown address of said person) depositing the same, with postage pzepaid, in the United States mail at St. Paul, Minnesota. 11 ���,�,. � �� � - - 5ubscribed and sworn to before me of September, 2005. � Public JOANNE G. C(,Ep��ry7�S NOTARYPUBLIO. MINt��gA MY COMMISSIdV EXPIRES JAN, 31. 2 O 1 0