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08-619Council File # � � �D �� Green Sheet #_'?��.�G,!�1 1. OF, Presented by RESOLUTION PAUL, MINNESOTA ,, i WFIEREAS, adverse acfion was initiated against the Tree Trimmer & 1 Vehicle license held by 2 Jaznes M. Anderson & Eric G. Plut d/b!a Anderson Tree Services (License ID #20060000264) for the City 3 Saint Paul by Notice of Intent to Suspend License dated Apri130, 2008, alleging licensee failed subxnit 4 insurance and vehicle information and pay delinquent license fees and late fees in the amount of $408.00; 5 and 6 7 WHEREAS, licensee did not respond to the Norice of Intent to Suspend License to contest the $ allegation, submit insurance or vehicle information and pay delinquent license fees and late fees; and 10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the I 1 allegation, submit insurance and vehicle information and pay the delinquent license fees and late fees by 12 May 12, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; 13 now, therefore, be it 14 15 RESOLVED, that the Tree Trimmer & 1 Vehicle license held by James M. Anderson & Eric G. 16 Plut d/b/a Anderson Tree Services is hereby suspended. 17 18 19 20 21 Requested by Depamnent of: Adoption Certified by C uncil Secretary By: Approv d a r Dat � lo Q By: b�.1 By� ��.►.��'. r9- �1.c�� Fo roved by City Attorney B Y' �f.�e.J�— �t,l.In.�A� _J Form A p ved y or fo ssi t Council By: Adopted by Council: Date ��j/���p� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � oa-��� SI - Dept of Safety & Inspectioas � 30-MAY-08 Confact Person 8 Phone: Rachel l'femey 266-8710 Doc.Type: RESOIUTION E-Document Required: Y DocumentContact: JulieKraus Contact Phone: 266-8776 � Assign Number For Routing Order Total # of Signature Pages _(Ciip Aif Locations for Signature) Green Sheet NO: 3054841 0 e of Sat & I ectione } tofSafe &Ins ectioas De armientDir�er.tor 2 ' Attoroe 3 ayor`s Office Mavor/Assistmt d ouucil - � � 5 ' Clerk Ci Clerk Approval of the attached resolution to Take adverse acrion against the Tree Trimmer & 1 Vehicle license held by James M. Anderson & Eric G. Plut d(b!a Andecson Tree Services (License ID#2Q06�000264) for the City of Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has fhis personffirm ever worked under a contract forihis department? Yes No 2. Has this personffum ever 6ee� a City employee? Yes No 3. Does this personlfirm possess a skili not normafly possessed by any curzent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Pro6lem, lssues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit insurance and bond information and did not pay delinquent license fees and late fees in the amount of $408.00. After norification, licensee failed to respond to the Notice of Intent to Suspend License. Advantages If Approved: License suspension. Disadvantages If Approved: Disadvanta9es If NotApproved: Transaction: Funding Source: Financial Informatian: (Explain) CostlRevenue Budgeted: Activity Number: May 30, 2008 2:59 PM Page 1 1 � OFFICE OF THE CITY ATTORNEY John J_ Choi, City Attomey /,� p7 �'lY��l SAINS PAIIL � AAAR CITY OF SAINT PAUL Chrfstopher 8. Coieman, Mayor Apri130, 2008 Civi! Division 400 Cify Hall 15 West Ke!logg BNd. Saint Paul, Mnnesota 55102 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Anderson Tree Services 671 Cheri Lane NE Fridley, MN 55421 Te7ephone: 651 26&8710 Facsimile: 65129&5619 RE: Tree Tri�er & i Vehicle license held by 7ames M. Anderson & Eric G. Plut d!b!a Anderson Tree Services for the City of Saint Paul License ID # 20060000264 Deaz Sir/Madam: The Department of Safety and Inspections (DSp has recommended suspension of the Tree Trimmer & 1 Vehicle license held by James M. Anderson & Eric G. Plut d/b/a Anderson Tree Services for the City of Saint Paul. The basis for the recommendation is as follows: On February 8, 2008, you were sent a letter from the Department of Safety and Inspections indicating that your Tree Trimmer & 1 Vehicle license due on August 18, 2006, was delinquent. Also your license fee for the period of August 18, 2007 through August 18, 2008 was also delinquent. You were also asked to submit insurance and velucle information with your payment. You were given until February 29, 2008, to pay the license and late fees. The total amount now due is $408.00 ($328.00 in license fees and $80.00 in late fees). Payment was due upon receipt of the invoice. As of today's date that payment has not been received. L:\Ct VII.�KRAUSIFORM A'S\VARIOUS�200841NDERS ONTREESERVICELICSUSPFORMA.DOC Anderson Tree Services � Apri130, 2008 Page 2 At this time, you have three options on how to proceed: (� �� � � You can pay the license and late fees of $408.00. If this is your choice, you should send the payment directly to the Department of Safery and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, May 12, 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 ate enfitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing befote 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 Monday, May 12, 2008. The matter will then be scheduled before the City Council for a public hearing to detennine whether to suspend your license. You will haue 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 hearing before an Admiiustrative L,aw Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exauiiue the other's witnesses. The St. Paul City Council will ultimately decide the case. If ttris is your choice, please advise me by Monday, May 12, 2008, and I will take the necessary steps to schedule the aduunistrative hearing. 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� f i�,w� Rachel Tierney Assistant City Attomey cc: ChrisCiue Rozek, Deputy Director of DSI L:�civu �cxnus�o� n�s�vtuuous�zooswrmExsorrr�ESnzvic�csusrFO�ra Doc STATE OF MINNESOTA) � ) ss. COUNTY OF Rt1MSEY ) 68-1�« Julie Kraus, being first duly swom, deposes and says that on the 30�' day of April, she seroed the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in au envelope addressed as follows: Owner/Manager Anderson Tree Services 671 Cheri Lane NE Fridley, MN 55421 (wYuch is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. lJ..�}.�� � Julie Kraus Subscribed and sworn to before me this 30�' day April, 2008 !/ [!�� .� • i�`�G�?/ � No Public AFFIDAVIT OF S_ _CVICE BY U.S. MATi, RiTA M. BOSSARD NOTARY PUBLIC- MINPIESOTA MY COMMISSION � EXPIRESJAN 37,2010 � �>-.a ��v��m �� :x�w�-_ �-�-�m�,