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06-45CouncilFile# b�_�� Green Sheet # 3p�� PRESESTED BY 12EFERRED TO COYIbIITTEE: DATE 2 WHEREAS, adverse action was imtiated against the Massage Practitioner license a application submitted by Nancy L. Adams (License ID#20050002036) for the premises located 4 at 762 Cleveland Avenue South in Saint Paul, by Notice of Intent to Deny License Application s dated December 7, 2005, alleging licensee failed to submit a current certificate of General and s Professional Liability insurance; and g WHEREAS, the licensee did not respond to the Notice of Intent to Deny License s Application to contest the allegation or to submit the requested documents; and io i i WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee iz failed to respond by December 19, 2005, that the matter would be placed on the consent agenda ia to impose the recommended penalty; now therefore, be it 14 is is iv is RESOLVED, that Massage Practitioner license application submitted by Nancy L. Adams is hereby denied. Requested by Department of: By: � � �'vl.�-ti� Form Approved by City Attorney Byc BY � / B' //iilc��f" �1 � %1ll ,r/ Approved b o: Date � 7 Q(o BY � � L' .2 �i- RESOLUTION CITY OF SAINT PAUL, MINNESOTA lp By: for Submission to Council Adoption Certified by Council Secretary � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP -License/�yp�rypn/Environ Prot I 27-DEC-05 Contact person & Phone: Rachel Gunderson 266-8710 Must Be on Council,gqenda by � y ASSign Number For Routing Order Green Sheet NO: 302928� �u�uavua[E 0 icen eJins eMion/Environ Pro 1 icense/Ins ection/EnvironPro De artmentDirector Z � Attorn - 3 a or's Oti'ice Ma odAssistant 4 ouncil 5 i Clerk Ci Clerk Total # of Signature Pages _(���P q�l Locations for Signature) Action Requested: Approving the attached resolution to take adverse action against the Massage Practitioner license application submitted by Nancy L. Adams (License ID#2005000203� for the premises located at 762 Cleveland Avenue South in Saint Paul. Recommendations: Approve (A) or Planning Commission CIB Committee Civil Service Commission 3. Does this person/firm 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 current certificate of General and Professional Liability insutance. respond to fl�e Notice of Intent to Deny License Application. Advantage5lfApproved: License application denied as recommended by the Office of LIEP. : DisadvanWy�eslfApproved: None. After notification, licensee failed to JA�V €� 3 2��;5 Disadvantages If Not Approved: License applicarion approved against the recommendation of the Office of LIEP. . Transaction: � Funding Source: , Roa�ia{ IMormation: (Explain) � a�,e�nrP's�; �':r��wP��r�� IAAI d! 9 ....o. v x CosURevenue Budgeted: • -•--••�• �_�.�..o..oncracu mustMswerthe Following questions: 1. Has this person/firm ever worked under a contract for this departrnent? Yes No 2. Has this personlfirm ever been a city employee? Yes No ActiviN Number: .. Sq3NT PAUL � AAAA � t CITY OF SAIN'I' PAUL Rmrdy C. Ke11y, Mayor December,7, 2005 NOTICE OF IlVTENT_ TO DENY LICENSE APPLICATION Nancy L. Adams 762 Cleveland Avenue South St. Paul, MN 55116 (�� OF'FICr..�F TFIE CITY ATTORNEY MarrueZJ. Cerv¢i:tes, CityAttorney ����� CNtI DIVISIO}I 400CifyHall IS WestKellop„QBZvd SaintPmr� M"mnesota 55102 ' Telenhone: 65I 266-8770 Facsmule: 651298-56I9 RE: Massage Practitioner license application submitted by Nancy L. Adams, d/b/a Nancy L. Adams for the premises located at 762 Cleveland Avenue South in Saint Paul License ID # 20650002036 Deaz Sir/Madam; The Office of License Inspections and Eavironmental protection has recommended denial of the Massage Practitioner license application submitted by Nancy L. Adams, d/b/a Nancy L. Adams for the premises located at 762 Cleveland Avenue South in Saint Paul. The basis for the recommendation is as follows: On October 21, 2005 you received a letter from the Office of License, Inspections and Environmental Protection statin� that your license application had been placed on hold untii you submitted a current certificate of General Liability and Professional Liability insurance with a 30 day notice of cancellation and naming the City of Saint Paul as an additional insured: You were given until November 4, 2005 to submit the documents. As of today's date, they have not been received. The Office of LIEP will recommend denial of your license application until the requested documents have been received. AA-ADA-EEO Employer Nancy L. Adams December 7, 2005 Page 2 � At this time you have three opfions on how to proceed: � (�-�t5 1. If you wish to do business in the City of Saint Paul, you may submit the requested documents to the Office of License, Inspections and Environmental Protection at 8 Fourth Sfreet East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, December 19, 2005. Information should be directed to the attention of Cluistine Rozek. 2. If you wish to bave a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts an3 requesting a public hearing. We will need to receive your letter by Monday, December 19, 2005. The matter will then be scheduled before the City Council for a public hearing to deteimiue whether to deny your license application. You will have an opporhxnity to appear before the Council and make a statement on your own behalf. You may withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environmental Protecfion, 8 Fourth Street East, Suite 20Q, St. Paul, Minnesota 55101-1002 no later than Monday, December 19, 2005. Informafion should be directed to the attention of Cluistine Rozek. Any request far a refund of the license application fee must also be made in writing to the Offitce of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial of your license application. - If you have any questions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, ��"�"`" ` Rachel Gunderson Assistant City Attorney cc: Cluistine Rozek, Deputy Director of LIEP Nancy L. Adams, 1109 Cleveland Avenue South, St. Paul, MN 55116 AA-ADA-fiE0 Etnployer �' �- �_ � STATE OF NBNNESOTA) ) ss. COLTNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY i3.S. MAIL NL1E KRAUS, being first duly sworn, deposes and says that on December 7, 2005, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing a hue and correct copy thereof in an envelope addressed as follows: Nancy L. Adams 762 Cleveland Avenue South St. Paul, MN 55116 Nancy L. Adams 1109 Cleveland Avenue South St. Paul, MN 55116 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . � T�RAUS Subscribed and sworn to before me 41.: � � � � V� J�Ai�NE G. CLEMEtdTS NOTARY PU3LIG MINt�€SOTA MY COMMISSION __ EXPIRES3AN.31,2010