06-1161C011IICIl FIlC � " � ,
Green Sheet #
RESOLUTION
Presented by
OF SAINT PAUL, MINNESOTA
23
3 WHEREAS, adverse action was taken against the Massage Practitioner license held by Heather N.
4 Mittelholtz (License ID#20050001640) for the City of Saint Paul, by Norice of Intent to Suspend License
5 dated November 29, 2006, alleging licensee did not submit the required General and Professionai Liability
6 insurance information and pay the delinquent license and late fees due; and
7
8 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to contest the
9 allegation, submit the required insurance information and pay the delinquent license and late fees; and
10
11
12
13
14
15
16
17
18
19
WHEREAS, Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation, submit the required insurance informarion and pay the delinquent license and late fees by
December 11, 2006, that the ma#er would be placed on the consent agenda to impose the recommended
penalty; now, therefore, be it
RESOLVED, that the Massage PracUtioner license held by Heather N. Mittelholtz is hereby
suspended until the requested insurance in£ormation is submitted and delinquent license and late fees are
paid to the Office of License, Inspections and Environmental Protection.
Requested by Department of.
1
By' � anz � 7 e
Adoption Certified by Co cil Secretary
BY� il�Sl.�i�
Approved b M ate �— Z—U�
By:
Form A,� C,/ d Ci Attor ey
By:
Form A pr e y yor f r S bmi s' on to Council
By:
Adopted by Council: llate �Z`� �� O(�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef ♦
�(o�
LP — ���Rnspecfion�EnvironProt � '14DEC-06
Contact person 8 Phone:
Rachel Gunderson
266$710
Must Be on Council Aqen
Doc. Type: RESOLUTION
�
Assign
Number
For
0
1
2
3
4
5
E-Document Required; Y
DoeumeMCoMact: JWieKraus
Confact Phone: 266-8776
Ordu
ToWI # of Slgnature Pages _(Clip NI Locatlons for Signature)
Green Sheet NO: 3035416
ectionlEnviron Prot
' AMorn
a or•s 06ce Ma or/ASSistant
ooncil
" Clerk Gti Clerk
Approval of the attached zesolution to take adverse acdon against the Massage Pracritioner license heid by Heather N. Mittelholtz
(License ID#20050001640) for the City of Saint Paul.
tla�ons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1, Has this perso�rtn ever worked under a contract for this departmenC?
CIB Commitlee Yes No
Civil Service Commission 2. Has this perso�rm ever been a city employee?
Yes No
3. Dces this person(firtn possess a skill �mt normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on sepa2te sheet and altach to green sheet
Initiati�g Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee did not submit required insurance informaHon or pay the delinquent license and late fees. After notificapon, licensee failed
to respond to Notice of Intent to Suspend License.
Advantages If Approved:
License suspension as recommended by the Office of LIEP.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financiaf Intormation:
(Expiain)
Cosf/Revenue Budgeted:
AMivity Number:
����� R����.rch C�nter
_..�r
'ti___ -
, December 14, 2006 2:51 PM Page 1
�- �-��t��
� ��
OFFICE OF THE CITY ATTORNEY
7ohn J.Cho';City�fttorney
CI1 Z OF S1i11V 1 PAIJL CivilDivisdon
Christopher B. Colemmr, Mayor 400 City Ha11
I S YYestKelloggBZvd
SaintPme{ MBmesota 55702
i
Novembex 29, 2006
NOTICE OF IlVTENT TO SUSPEND LICENSE
Heather N. Mittelholtz
cfo Lifetime Fitness
340 Cedar Slreet
St. Paul, MN 55101
Telephone: 657 266-87Z0
Facsimile: 65I 298-5619
RE: Massage Practitioner license held by Heather N. Mittelholtz for the Ciry of Saint Paul.
License ID #: 20050001640
Dear Ms. Mittelholtz:
The Office of License, Inspections and Environmental Protection has recommended
suspension of the Massage Practitioner license held by Heather N. Mittelholtz for the City of
Saint Paul. The basis for the recommendation is as follows:
On May 18, 2005, you were sent a letter from the Office of License,
Inspections and Environmental Protecfion (LIEP) requesting that you
submit a copy of your current certificate of Generat and Professional
Liability insurance with a 30 day notice of cancellation and naming the City
of Saint Paul as an addifional insured. As of today's date that information
has not been received.
On June 2, 2006 you were sent an invoice requestiug payment of your
delinquent license fees and late fees in the amount of $123.00. Payment was
due upon receipt o£ the invoice and as of today's date that payment has not
been received.
The Office of LIEP kas made several attempts in the past sevexal months to
contact you regarding tHe resolution of these issues but they have not been
successful.
AA-ADA-EEO Employer
� Otrr ��tct
Heather N. Mittelholtz ( .
November 29, 2006
Page 2
At this tixne, you have three options on how to proceed:
1. You wilI need to submit the insurance information and payment for license and
late fees to the Office of License, Inspections and Bnvironmental Protection at 8
Fourth Sireet East, Suite 200, St. Paul, Minuesota 55101-1002 no later than
Monday, December 11, 2006. Information should be directed to fhe attention of
Christine Rozek. A seLf-addressed envelope is enclosed for your convenience.
Submission of the insurance information and payment of the license and late fees
will be considered to be a waiver of the heating to which you are entitled.
2. If you wish to haue a public hea.ring before the Saittt Paul City Council, you will
need to send me a letter with a statement admitting the facts and requesting a
public hearittg. We will need to receive your letter by Monday, December ll,
2006. The matter will then be scheduled before the City Council for a public
hearing to deteimine whether to suspend your license. You will haue an
opportunity to appear befoze the Council and make a statement on your own
behalf.
If you no longer wish to do busaness in the City of Saint Paul, you may send a
written statement to that effect to the Office of License, Inspections and
Environmental Protecfion, 8 Fourth Street East, Suite 200, St. Paul, Mimiesota
55101-1002 no later than December 11, 2006. Information should be directed to
the attention of Christine Rozek.
If yon have not contacted me by that date, I will assume that you do not contest the
suspensflan af yaur license.
If you haue quesfions about these opfions, please feel &ee to contact me at 266-8710.
Sincerely,
���
��
Rachel Gunderson
Assistant City Aftomey
cc: Christine Rozek, Deputy Director of LIEP
Heather N. Mittelholtz, 1610 Granada Avenne North,` Apt. 323,Oakdale, MN 55128
AA-ADA-EEO Emp2oyer
STATE OF n�IINNESO'�n)
� ) ss.
COUNTY OF RAMSEY )
oto-abr
AFFIDAVIT OF �_.�VICE BY U.S. MAII.
JLTLIE KRAUS, being first duly sworn, deposes and says that on November 3�, 20�6,
she served the attached NOT`ICE OF INTENT TO SUSPEND LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Heather N. Mittelholtz
c% Lifetime Fitness
340 Cedar Street
St. Paul, MN 55101
Heather N. Mittelholtz
1610 Granada Avenue North, Apt. 323
Oakdale, MN 55128
(which is the last lrnown address of said person) depositing the same, with postage prepaid; in
the United States mail at St. Pau1, Minnesota.
l°�a?-�-�'
Julie Kraus
Subscribed and sworn to before me
this 30�' day ofNovember, 2006
L . -c� �i'/L ' �i¢3�'�Y✓�°.1�,'/�
Notazy Public `�
,� , - _. -. ,
'�' '; •
r,�.,. ' : +
� '� . .
*�„�' � _ _ � , � ,