08-1202Council File # ����O� ��� ��'
Green Sheet # — � +-4 ,r,�l,�'S-�
RESOLUTION
PAUL, MINNESOTA
Presented by
��
WIIEREAS, adverse action was initiated against the Tree Trinuner & 1 Vehicie and Tree
Trinuner — Each Add'1 Vehicle licenses held by Kevin R. Sobiech d/b/a Sobiech Backhoe & Tree Service
(License ID #20060004265) for the City Saint Paul, by Notice of Intent to Suspend License dated
August 1, 2008, alleging licensee failed submit current certificate of General liability insurance, vehicle
information and pay delinquent license and late fees in the amount of $322.00; and
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WHEREAS, the licensee did respond to the Notice of Intent to Suspend License to request that the
late fees be waived but then failed to respond to a letter sent to him on September 10, 2008, waiving the
late fees and requesting verification of license renewal; and
WHEI2EAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation or submit insurance and vehicle information and pay the delinquent license and late fees by
August 11, 2008, that the matter would be placed on the consent agenda to impose the recommended
penalty; now, therefore, be it
16 RESOLVED, that the Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle licenses
17 held by Kevin R. Sobiech d/b/a Sobiech Backhoe & Tree Service aze hereby suspended.
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Requested by Departrnent o£
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By: �C�,� /-� V22,e.1�
Fo pproved by City Attorney
BY�AL (,A,,wil
Form Approved by Mayor for Submission to Council
sy: �nc� � �1�'O l'� lG -�Z�
Adoption Certified by Cow sil Secretary
By� ' �
Approved� M 'yo�. Date � � /�f ` �
BY� �� ��(.L1C-e�lr
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
„4, i�-/7a--
, Departmenf/OfficelCouncil: Date Initiated: v V �' -�
S� _DeptofSafety&Inspections I,ao�T�$ Green Sheet NO; 3060686
Contad person & Phone: Deoartment SeM To Person InBialIDate i
RaChEI Tiemey � ' 0 e t of Saf & Ins ' us �---- � I
I 266-8710 1 eptafSafety&Insaecdons I De ar�entD'uector
Assign 2 City Attomev (---� --- j
� Must Be on Council Agenda 6y (Dafe): Number 3 or's OSce Mavod isAss �t j
� OSNOV-08 ( � A For
f Routing � 4 Fonncil �--- �
{ Doc. TyQe: RESOLUTION Orcler 5 Cl'ry Clerk Cl' Clerk �
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EDocumentRequired: Y i
Docume'rt Contact: Julie Kraus
ConWct Phone: 266-8776
ToWI # of Signature Pages _(Clip NI Locations for Signature)
Action Requestetl:
Approval of the attached resotufion to take adverse action against the Tree Trimmer & 1 Vehicle and Tree Trimmer - Each Add7
Vehicle licenses held by Kevin R. Sobiech d/b/a Sobiech Backhoe & Tree Service (License ID#20060004265) for the City of Saint
Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person�rm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessetl by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and aHach to green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit a current ceriificate of General liability insurance, velilcle information and pay delinquent license and late
fees in the the amount of $322.00. After notifica6on, licensee did respond to the Nofice of Intent to Suspend License asking for late
fees to be waived, but did not respond to a lettet sent to him on September 10, 2008 waiving late fees and requesring verification of
license renewal.
Advanqges If Approved:
License suspension.
Disativantages IfApproved:
Disadvantages If Not Approved:
Total Amount of
Srensaction: CosURevenue 6udgeted:
Funding Source: Activity Number:
Financial Information:
(E�cplain)
October 10, 2008 2:44 PM Page 1
OFFICE OF Tf� CITY ATTORNEY
John J. Choi, CityAKomey
�� ���"��-
SAINT
PAUL GfTY OF SAINT PAUL
� Chnstophe�8. Coleman, Mayor
Al1Al1
E1UgI1SL 1, Z.Q�c4
Civil Division
400 City Hall
15 WestKellogg
SaintPaul, Minnesota 55102
Telephone: 65l 26fr8710
Facsimife� 65l 298-5619
NOTICE OF INTENT TO SUSPEND LICENSE
Kevin R. Sobiech
Sobiech Backhoe & Tree Service
11179 Great River Road
Little Falls, MN 56345
RE: Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle licenses held by Kevin R.
Sobiech d/b/a Sobiech Backhoe & Tree Service for the City of Saint Paul
License ID # 2006Q004265
Deaz Mr. Sobiech:
The Department of Safety and Inspections (DSI) has recommended suspension of the Tree
Trimmer & 1 Vehicle and Tree Trinuner — Each Add'1 Vehicle licenses held by Kevin R. Sobiech d/b/a
Sobiech Backhoe & Ttee Service for the City of Saint Paul. The basis for the recommendation is as
follows:
On Apri13, 200&, you were sent a letter from tLe Department of Safety and
Inspections indicating that your Tree Trimmer & 1 Vehicle and Tree Trimmer—
Each Add'1 Vehicie license fees due on December 29, 2007, were delinquent.
You were given until April 24, 20Q8, to pay the license and late fees. The total
amount now due is $322.00 ($230.00 in license fees and $92.00 in late fees). As
of today's date that payment has not been received.
You also asked to submit current General Liability insurance and vehicle
information (year, make, model, license plate number) with your payment. As
of today's date that information has not been received.
L:\CIVII.�KRAUS�FORM A'S\VARIOUS�20081SOBIECH BACKHOE & TREE SERVICE LiC SUSPFORMA.DOC
Sobiech Backhoe & Tree Service
au�t i, 2oos
Page 2
At this time, you have three options on how to proceed:
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You can pay the license and late fees of $322.00. If this is your choice, you should send
the payment and requested information directly to the Department of Safety and
Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later
than Monday, August ll, 2008. Information should be directed to the attention of
Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment
of the license and late fees will be considered to be a waiver of the hearing to which you
aze entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public hearing
before the Saint Paul City Council, you will need to send me a letter with a statement
admitting the facts and sequesting a public hearing. We will need to receive your letter by
Monday, August 11, 2008. The matter will then be scheduled before the City Council
for a public hearing to determine whether to suspend your license. You will have an
opportunity to appear before the Council and make a statement on your own behalf.
3. If you dispute the above facts, you can request a heazing before an Administrative Law
Judge. At that hearing both you and the City will be able to appear and present wimesses,
evidence and cross-examine the other's witnesses. The St. Paul City Council will
ultimately decide the case. If this is your choice, please let me know by Monday, August
i l, 200$, and I wiii take the necessary steps to schedule the administrative heazing.
If you have not contacted me by that date, I will assume that you do not contest the
suspeusion 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,
� � i�
� �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
L:\CIVII,�KRAUS�FORM A'S\VARIOUS�2008\SOBIECI-I BACKHOE 8c 7REE SERVICE LIC SUSPFORMA.DOC
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OFFICE OF THE CITY ATTORNEY
John J. Chor, CityAttomey bg �r� �"'
s�txr
PAUL
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AAAII
CITY OF SAINT PAUL
Christopher8. Coleman, Mayor
Civil Division
400 City Hall Telephone: 651 266-8710
i5 We5t KelfoggBlvd. Facsimile: 651298-5619
SainYPaul, Mnnesota SS102
September 10, 2008
Kevin R. Sobiech
Sobiech Backhoe & Tree Service
ll 179 Great River Road
Little Falls, MN 56345
RE: Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'I Vehicle licenses held by Kevin R. Sobiech d/b/a
Sobiech Backhoe & Tree Service for the City of Saint Paul
License ID # 20060004265
Deaz Mr. Sobiech:
I am sending this letter to you because my Legal Assistant was unable to leave a message at the telephone number
you supplied to the licensing office. On August 18, 2008, my Legal Assistant spoke with your wife regarding the Notice of
Intent to Suspend License fliat was sent to you from my office on August 1, 2008. Your wife stated she was confused by
the letter because to her knowledge you had not renewed your Tree Trimmer licenses with the City of Saint Paul. My Legal
Assistant explained that the computer program used by the licensing office would show that your license was delinquent
with license and late fees due unless you renewed the license.
Your wife said she would talk with you to decide whether you wanted to renew your license or send a letter to the
licensing o�ce stating you no longer wished to do business in the City of Saint PauL Last Monday, I spoke with Christine
Rozek, Deputy D'uector regazding the late fees. Ms. Rozek said that she would waive the late fees if you wished to renew
your licenses, but you would need to pay the delinquent and current license fees.
Please contact Chrisfine Rozek at the Department of Safety and Inspections (651) 266-9090 if you wish to renew
your license or send a letter to her at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1Q02 ifyou no longer wish
to do business in the City of Saint Paul.
If we do not hear from you by Monday, September 22, 2008, we will assume that you do not contest the
suspension of your license. In that case, the matter witl be placed on the Cauncil's consent agenda for approval of
the recommended penalty.
If you have any questions, feel free to call me at (651) 266-8710.
Sincerely,
�����
Rachel Tierney
Assistant CityAttomey
cc: Christine Rozek, Deputy Director of DSI
AA-ADA-EEO Empioyer
STATE OF MINNESOT!
� ss. AFFIDAVIT OF SEl.. ICE BY U.S. MAIL
COUNTY OF 12AMSEY )
b S �(�"��-
7ulie Kraus, being fust duly sworn, deposes and says that on the 1 day of August, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true
and correct copy thereof in an envelope addressed as follows:
Kevin R. Sobiech
Sobiech Backhoe & Tree Service
11179 Great River Road
Little Falls, MN 56345
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Julie Kraus
Subscribed and sworn to before me
this 1 day August, 2008
, o� � i`%
wrn � soss�o
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p(pqtE$,1AN. �7, 20 7 0
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
08 � ( 2��a--
Julie Kraus, being first duly swom, deposes and says that on the 10`�' day of September,
she served the attached LETTER by placing a true and conect copy thereof in an
envelope addressed as follows:
Kevin R. Sobiech
Sobiech Backhoe & Tree Service
11179 Great River Road
Little Falls, MN 56345
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
����°,
Julie Kraus
Subscribed and sworn to before me
this 10`�' day of September, 2008
�
f �
Notary Public
AFFIDAVIT OF SERVICE BY U.S. MAIL
RITA M. BOSSARD
NDTARYPUBLIC • MINNESOTA
MY COMA9SSION
EXPIRES JAN. 31, 2 O 1 0