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08-626Council File # Go'{J�'�4 Green Sheet # .�Q� RESOLUTION OF SAINT PAUL, MINNESOTA Presented by �� 1 WIIEREAS, adverse acrion was initiated against the Massage Practitioner license held by Kimberly 2 K. Morton (License ID#20060001302) for the premises located at 400 Selby Avenue in St. Paul by Notice 3 of Intent to Suspend License dated May 6, 2008, alleging licensee failed to pay delinquent license fees and 4 late fees in the amount of $99.00; and 5 6 Wi�REAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 7 allegation or pay the delinquent license fees and late fees; and 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the allegation or pay the delinquent license fees and late fees by May 16, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Massage Practitioner license held by Kimberly K. Morton is hereby suspended. Hazris Adopted by Council: Date Yeas Requested by Department of. ✓ / BY� , �T /LS?,t.L/ � Adoption Certified by Council Secretary By: i Approved b ay : Date �� V By: Form Ap �roved by City Attomey BY� M��A�. 1tA.MaN Form Ap ed b M y r for si t Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Q�� �P �'� DepartmenUofflce/councii: Date Initiated: $� - DepcofSafety&Inspations I 30.MAY-08 Green Sheet NO: 3054844 Contact Person & Phone: Rachei Tiemey 266 8710 MIISt Se 00 11-JUN-08 Doc. Type: RESOLUTION E-DocumeM Required: Y Document Contact: Julie Kraus ContactPhane; 26E8776 � veva�unem aena�orerson 0 e ofSaf &Inspections Assign 1 G of Saf & ections De acmient Direcbr Number 2 'ry Attorner I i For Routing 3 a or's Office Ma or/Assistaot Order 4 onncil 5 ' Cterk Gtiry Cterk I Toql # of Signature Pages _(Clip All Locations for Signature) � Approval of [he attached resolution to take adverse ac6on against the Massage Practirioner license held by Kimberly K. Morton (License ID#20060001302) for the premises located at 400 Selby Avenue in Saint Paul. Planning Commission 1. Has ihis person/firm ever worked under a contrect for fhis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license fees and late fees in the amount of $99.00. After notificarioq licensee failed to respond to the Notice of ffitent to Suspend License. Advantages If Approved: License suspension. Disadvantages If Approved: Disadvantages If Not Approved: Trensaction: Funding Source: Financial information: (Explain) CosURevenue Budgeted: Activity Number: May 30, 2008 3:21 PM Page 1 � �' OFFICE OF THE CITY ATTORNEY John d Chor, CityAftomey SAiNT PAIIL � AAAR CITY OF SAINT PAUL Chris£opher6. Coleman, Mayor May 6, 2008 b�- �a� Civil Division 400CifyHa!! Telephone:6512668710 15 West Kellogg Blvd. Facsimile: 65129&5619 SaintPaul, hLnnesota 55102 NO'ITCE OF INTENT TO SUSPEND LICENSE Kimberly K. Morton c/o Body Balance 400 Selby Avenue St. Paul, MN 55102 RE: Massage Practitioner license held by Kimberly K. Morton for the premises located at 400 Selby Avenue in Saint Paul License ID #20060001302 Deaz Ms. Morton: The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner license held by Kimberly K. Morton for the premises located at 400 Selby Avenue in Saint Paul. The basis for the recommendation is as follows: On February 25, 2008, you were sent a letter from the Department of Safety and Inspections (DSn indicating that your Massage Practitioner license was delinquent. You were given until March 17, 2008 to pay the license and late fees owed. The total amount now due is $99.00 ($83.00 in license fees and $16.00 in late fees). As of today's date that payment has not been received. At this time, you have three options on how to proceed: You can pay the license and late fees of $99.00. ffthis is your choice, you should send the payment directly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, May 16, 2008. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enciosed for your convenience. Payment of the license and late fees will be considered to be a waiver of the hearing to which you are entitied. L:\CIVi[,\KRAUS�FORM A'S\VARIOU5�2008R{IMBERLYKMORTONLICSUSPFORMA.DOC Kimberiy K. Morton � May 6, 2008 Page 2 � (� � (Q �'� 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 requesting a public hearing. VTe will need to receive your letter by Friday, May 16, 2008. The matter will then be scheduled before the City Council for a public hearing to determiue whether to suspend your license. You will ha�e an opportunity to appeaz before the Council and make a statement on your own behaif. If you dispute the above facts, you can request a hearing before an Adinuustrative I,aw Judge. At tha# hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exawiue the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Friday, May 16, 2008, and I will take the necessary steps to schedule the administrative 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,�,I,,,Q. I u,�,,1,,� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Kimberly K. Morton, 2550 Chazlotte Street, Roseville, NIN 55113 AA-ADA-EEO Employer STATE OF MINNESO'T�' ` � ss. COiINTY OF RAMSEY ) ►: �, � Julie Kraus, being first duly sworn, deposes and says that on the 6� day of May, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Kimberly K. Morton c/o Body Balance 400 Selby Avenue St. Paul, MN 55102 Kimberly K. Morton 2550 Chazlotte Street Roseville, MN 55113 (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 6�' day May, 2008 ��� ��i�'��'r/`�`--' �__ Not Pary�uU 'icl �� AFFIDAVIT OF SL,_JICE BY U.S. MAIL RRA AA. 80SSARD �p�Ry pU6(,IC. MIt�ESflTA MY COMMISSION EXP4RESJAN.31.2010 z