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07-249Council File # �� �.� C ( Green Sheet #� 03 "� �f o2 � RESOLUTION .Zo OF SAINT PAUL, MINNESOTA Presented 2 WHEREAS, adverse action was taken against the Solid Waste Hauler & Vehicle license held by 3 Robert D. Logan, d/b/a Robert Logan Hauling, Inc., (License ID #19980000287) for the City of Saint Paui, 4 by Notice of Violation dated January 30, 2007, alleging licensee submitted Automobile Liability Insurance 5 with a lapse in coverage from September 20, 2006 through October 20, 2006; and 6 7 WHEREAS, the licensee did respond to the Notice of Violation and was granted an extension, but 8 failed to submit corrected insurance information or pay the $500.00 penalty by the Februazy 20, 2007, 9 deadline; and 10 I 1 WFIEREAS, Notice of Violation stated that if the licensee failed to contest the allegation, submit 12 the conected insurance informafion or pay the $500.00 penalty, that the matter would be placed on the 13 consent agenda to impose the recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Solid Waste Hauler & Vehicle license held by Robert D. Logan, d/b/a Robert 16 Logan Hauling, Inc., is hereby ordered to pay a penalty of $500.00 for failure to submit conected 17 Automobile Liability Insurance with no lapse in coverage. Payment of fine shall be made within thirty days 18 of the date of the adoption of this resolution. 19 20 21 Requested by Department oE Adoption Certified by Council Secretary BY� / �/G,J �LL��S�i� Approved ayd Date � By: BY� '�.tu,o�x...¢� � �R�L/ Form A ed y Ciry A orney Sy: Q Form Ap ov b ayor fr� Subp�ission to Council BY �—�C s �( Adopted by Council: Date 3��v' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Q'1-Z..4 LP - License/Inspec:tionlEnvlronProt Co�ct Person 8 Phone: Rachel Gunderson 266-8710 Mqst Be on Council qqen Type: RESOLUTION E-DOCUment Required: Y DocumeM Contact: Julie Kreus ConWM Phone: 26G8776 �-�a-0� � I Green Sheet NO: 3037421 � 0 �nse/7nsptt4on/EnvironProt Assign 1 'un ection/EnvirooProt De arm�eutDirector Number 2 ' Attorne For Routing 3 or's 0ffice Ms orlAssistant Order 4 onncil 5 ' Cleak GS Clerk ToWI � of Signature Pages �(Glip All Locations for Signature) Approval of the attacbed resolution to take advecse acrion against the Solid Waste Hauter & Vehicle license held by Rohett D. Logan, d/b(a Robert Logan Hauling, Ina (License IA #19980000287) for the City of Saint Paul. �dations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Pollowing 4uestions: Planning Gommission 1. Has this persoNfirm everworked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persontfirm ever been a city empfoyee? Yes No 3. Dces this persoNfirm possess a skill not nortnally possessed by any curtent 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 submitted Automobile Liability Insurance with a lapse in coverage from September 20, 2006 tl�ough Octobei 20, ?A06. After being given an extension, licensee failed to submit conec[ed insurance informafion by the February 20, 2007 deadline. Advantages IfApproved: $500.00 Matrix Penaky DisadvantagesffApproved: None. Disadvanpges Ifi Not Approved: Total Amount of Trensaction: F�nding Source: Financial I�ormation: (Explain) March 2, 2007 135 PM MAR 0 5 Zp07 CosURevenue Budgeted: Activity Number: C��.�';� ?���rc� ` � �i � , � � �, Page'I �,_ cIl 1 OF Srill� 1 pAUL � CivilDivision Christopher B. Colemcm, Mayor 400 Ciry Hall - _ ISY7estKelloggBtvd Sa6rtPaul, Mim�esota 55702 i January 30, 2007 NOTICE OF VTOLATION Owner/Manager Robert Logan Hauling, Inc. 845 Fuller Avenue St. Paul, MN 55104 RE: Solid Waste Hauler & Vehicle license held by Robert A Logan, d/b/a Robert Logan Hauling, Inc. for the City of Saint Paul License ID #:19980000287 Deaz SirlMadam: The Office of License, Inspections and Environxnental Protection will recommend that adverse action be taken against the Solid Waste Hauler & Vehicle license held by Robert D. Logan, d!b/a Robert Logan Hauling, Inc. for the City of Saint Paul. The basis for the recommendation is as follows: On January 10, 2007, you received a call from the Office of License, Inspection and Environmental Protection (LIEP) stating that there was a month lapse on your Automobile Liability Insurance coverage from September 20, 2006 through October 20, 2006. During the conversation, you said yon had talked to your insnrance company and confirmed that there was a lapse of insurance. You also said you were unaware of the lapse. As of today's date, the Office of LIEP has not received insurance information showing coverage for the insurance lapse. Per Saint Pau1 Legislafive Code §310.05 (m) (2), the licensing office will recommend a$500.00 penaIty. (- O Z4� OFFICE OF THE CITY ATTORNEY John T. Choi, CityAnorney � Telephone: 65I 266-8710 Facsimile: 65l 298-56I9 AA-ADA-EEO Employex Robert Logan Hauling In� . 7anuary 30, 2007 Page 2 At this time, you have three options on how to proceed: ( �� Z`�t�-'( You can pay. the recommended $500.00 penaliy. If this is your choice,. you should make payment directly to the Office of License, Inspections and Environmental Frotection, at 8 Fourtli Street East, Suite 200, St. Paul, IVliiuiesota 55101-1002. no later than Friday, February 9, 2407. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the fine wi$ be considered to be a waiver of the hearing to which you are entifled. 2. If you 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 facts requesting a public hearing. We will need to receive your letter by Friday, February 9, 2007. The matter will then be scheduled before the City Council for a public bearing to determine whether to impose the penalty. You will have an opporhznity to appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that heariug both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. Tke St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than �raday, F'ebruary 9, 2007, and I will take the necessary steps to schedule the administrafive hearing. If you have not contacted me by that date, I will assume that yo•.� are not confesting the imposifion of the $500.00 penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, Rache��� Assistant City Attorney cc: Christine Rozek, Deputy Director - LIEP Robert Logan, P.O. Box 4642, St. Paul, MN 55104 AA-ADA-EEO Employer STATE OF NIINNESO'T("� � ss. covrlTY oF �sE� � (,. AFFIDAVIT OF S�a� �IICE �3FI U.S. P/I�,.FI, O� Julie Kraus, being first duly swom, deposes and says that on the 31 day of 7anuary, she served the attached N01TCE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Robert Logan Hauling, Inc. 845 Fuller Avenue St. Paul, MN 55104 Robert Logan P.O. Box 4642 St. Paul, MN 55104 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscxibed and swom to before me this 31 day of January, 2007 � � -� N tacy Public �' <-- !�`�� � a Julie Kraus RITA M. BOSSARD tDTARYPUBUC- MINNESOTA MY COMMISSfON DCPIRESJAN.37, 201 0