08-1201Council Fite # �� ' ��"b �
Green Sheet # � 0 b� � ,�
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA 35
WHEREAS, adverse action was uuriated against the Trade Concrete Masonry & Finish Cement
(Sidewalk Contractor) license held by Kellogg Construction d/b/a Kellogg Construction (License ID
#20030001231) for the City Saint Paul by Notice of Intent to Suspend License dated September 16, 2008,
alleging licensee failed submit insurance and bond informarion and pay delinquent license and late fees in
the amount of $416.00; and
7 WI3EREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the
8 allegation, submit insurance and bond information and pay delinquent license and late fees; and
10 WIIEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
11 allegation, submit insurance and bond information and pay the delinquent license and late fees by
12 September 26, 2008, that the matter would be placed on the consent agenda to impose the recommended
13 penalty; now, therefore, be it
14
15 RESOLVED, that the Trade Concrete Masonry & Finish Cement (Sidewalk Contractor) license
16 held by Kellogg Construction d/b/a Kellogg Construction is hereby suspended.
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Requested by Deparhnent of:
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BY: }�' ) >
Fo proved�ity Attomey
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Adoption Certifiedl�/ Coi cil Secretary Form Approved by Mayor for ubmission to Councit
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Approvedp y . Date �� / g —�
By:
Adopted by Council: Date ��/J�//J�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
)eparhnenNOffice/Council: Datelnitiatetl:
Db�laDl
S � _DeptofSafety&Inspections �apCT-08 Green Sheet NO: 3060685
Contact Petson 8 Phone:
Rachel Tiemey
266-8710
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Assign
Number
For
Routing
Orcler
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Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
E-Document Required: Y
OocumentCnntact: JulieKraus
Contact Phone: 2668776
Tofal # of Signature Pages _(Clip All Locations for SignaWre)
Approval of the attached resolurion to take adverse acrion against the Trade Concrete Masonry & Finish (Sidewalk Contractor)
license held by Keliogg Conshuction d/b/a Keliogg Conshuction (License ID#20030001231) for the City of Saint Paui.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Pereonal Service Contrscts Must Answer the Following Questions:
t. Has this person/firm ever worked under a contrad for this department?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit insurance and bond information and pay delinquent license and lates fees in the amount of $416.00. After
notificarion, licensee did not respond to the Nofice of Intent to Suspend License.
AdvanWges if Approved:
License suspension
DisadvanWges If Approved:
DisadvanWges If Not Approved:
ToWI AmouM of
Transaction:
Funding Source:
Financial lnformatioa:
(F�cplain)
October 10, 2008 236 PM
CosVRevenue Budgeted:
Activiiy Number:
Page 1
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OFFICE OF Tf IE CTTY ATTORNEY
John J. Chor, CityAttomey � � ' �D �
swrxr
PAVL
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CITY OF SAINT PAUL
Christopher8. Coleman, Mayor
Civil Division
400 City Hafl
15 West Kellogg Blvd.
Saint Paul, Mnnesofa 55102
Telephone: 65l 266-8710
Facsimile: 651 298-5619
September 16, 2008
NOTICE OF INTENT TO SUSPEND LICENSE
Kellogg Construction
C/o Richazd Kellogg
4976 - 264�' Street
Wyoming, MN 55092
RE: Trade Concrete Masonry & Finish Cement (Sidewalk Contractor) license held by
Kellogg Construction for the City of Saint Paul
License ID # 20030001231
Dear Mr. Kellogg:
The Department of Safety and Inspections (DSI) has recoxnmended suspension of the
Trade Concrete Masonry & Finish Cement (Sidewalk Contractor) license held by Kellogg
Construction for the City of Saint Paul. The basis for the recommendation is as follows:
On August 8, 2008, you were sent a letter and RENEWAL INVOICE
from the Department of 5afety and Inspections indicating that your
Trade Concrete Masonry & Finish Cement (Sidewalk Contractor)
license due on March 31, 2007 was delinquent. Also, your license fee
for the period of March 31, 2008 thru March 30, 2009 was due. Total
amount now due is $416.00 ($328.00 in license fees and $88.00 in late
fees). You were given until August 29, 2008, to pay the license and late
fees. As of today's date that payment has not been received.
You were also asked to submit current General Liability insurance with
a 30-day notice of cancellation and bond information with your payment.
As of today's date that information has not been received.
Kellogg Construction
September 16, 2008
Page 2 of 2
At this time, you have three options on how to proceed:
b�-12�0�
1. You can pay the license and late fees of $416.00 and submit the insurance and bond
infozmation requested. If this is your choice, you should send the payment and
information directly to the Department of Safet� and Inspections at 8 Fourth Slreet East,
Suite 200, St. Paul, Mimiesota SS I01-1002 no later than Friday, September 26, 2008.
Information should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the license and late fees and
submission of the requested information will be considered to be a waiver of the hearing
to which you aze entided.
2. If you wish to admit the facts but contest the penalty, you may have a public heazing
before the Saint Paul City Council, you will need to send me a letter with a statement
admitting the facts and requesting a public hearing. We will need to receive your letter by
Friday, September 26, 2008. The matter will then be scheduled before the City
Council for a public hearing to determine whether to suspend your license. You will have
an opportunity to appear 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 will need to send a
written statement to that effect to the Department of Safety and Inspections (DSI), 8
Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday,
September 26, 2008. Information should be directed to the attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your license. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
�a� 1 i�`""�
Rachel Tierney
Assistant City Attomey
cc: Christine Rozek, Deputy D'uector of DSI
Richazd J. Kellogg, 1724 White Ash Drive W., Balsam Lake, WI 54810-2415
L:\CIVII.\KRAUSIFORM A'S\SUSPENSIONS�KELLOGG CONSIRUCTION LICSUSPFORMA.DOC
STATE OF MINNESOT
� ss. AFFIDAVIT OF SE1cVICE BY U.S. MAIL
COUNTY OF RAMSEY )
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Julie Kraus, being first duly swom, deposes and says that on the 16�' day of September,
she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Kellogg Consiruction
C/o Richazd Kellogg
4976 - 264 Street
Wyoming, MN 55092
Richard J. Kellogg
1724 White Ash Drive W.
Balsam Lake, WI 54810-2415
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Subscribed and swom to before me
this 16�' day of September, 2008
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Notazy Public
R�TA M BOSSARD
NpTARY PUBLIC • MMNESOTA
MV COMMISSION
£XPIRESJAN 31.201 0