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08-949Council File # j�8 - A� J Green Sheet # „3Q,j��Q3a C} RESOLUTfON 41NT PAUL MIN 1 WI�REAS, adverse action was initiated against the Tree Trinuner & 1 Vehicle license held by 2 Jason W. Smith d!b/a Ambassador Tree Service (License ID#20010000864) for the City Saint Paul by 3 Nofice of Intent to Suspend License dated July 1 S, 2008, alleging licensee failed submit current insurance 4 and vehicle information and pay delinquent license fees and late fees in the amount of $416.00; and 5 6 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 7 allegation, submit insurance or vehicle information and pay delinquent license fees and late fees; and 8 9 WHEREAS, the Nofice of Intent to Suspend License stated that if the licensee failed to contest the 10 allegation, submit insurance and vehicle information and pay the delinquent license fees and late £ees by I 1 July 28, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; 12 now, therefore, be it 13 14 RESOLVED, that the Tree Trimmer & 1 Vehicle license held by 7ason W. Smith d/b(a Ambassador 15 Tree Service is hereby suspended. 16 17 18 19 20 Bostrom Carter Harris Helgen Stark Thune Adopted by CouncIl: Requested by Deparisnent of: � � � r� ✓ ,i Form roved by Ciry Attorney � �> a BY� �l.G.r.�.�. � iu Date ��9f//I,' Adoption Certified by Counci Secretary Form Appr ed y a or for Submiss'on to Council BY ` By: Appro e y ayo : Date � (� � By: _ _ Green Sheet Green Sheet Green Sheef Green Sheet Greert Sheef Green S�h "� _ CXW ��Q S� -Dmtofs��r��,�rio� � n-nuc-oa CoMad Person & Phone: Rachel Tiemey 266-8710 Must Be on C uncil Agenda by a1 27-AUG-0B Doc. Type: RESOLUTION E-Doeument Required: Y Document Contact: Julie Kraus � 0'der 0 e tofSaf & eUioas 1 e t ofSaf & Ins 'ons De artment Director 2 ' Attorn 3 a oYS Ofiice Ma or/ASSistant 4 ounN 5 i C9erk (S Clerk ConWct Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolurion to take adverse action against the Tree Trimmer & 1 Vehicle license held by 7ason W. Smith d/b/a Ambassadoi Tcee Service (License ID#20� 10000864) for the Ciry of Saint Paul. Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commissio� 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit current insurance and vehicle informarion and pay delinquent license and late fees of $416.00. After notification, licensee did not xespond to the Notice of Intent to Suspend License. Advantages If Approved: License suspension Disadvantages If Approved: None Disadvantages If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) Activiry Number: CosVRevenue Budgeted: August 17, 2008 1:21 PM Page 1 � r�" OFFICE OF TT� CITY ATTORNEY John J. Choi, CifyAftomey swinr PAU L CITY OF SAINT PAUL Civi(Division � Christopher8. Co%maq Mayo� 400 CityHall Telephone: 65> 266-8790 >SWestKellogg8/vd. Facsimile:65129&5619 IAAR Sainf Paul, Mnnesota 55�02 July 18, 2008 NOTICE OF INTENT TO SUSPEND LICENSE Jason W. Smith Amliassador Tree Service 2226 Mohawk Road North St. Pau1, MN 55109 RE: Tree Trimmer & 1 Vehicle license held by Jason W. Smith d/b!a Ambassadar Tree Service for the City of Saint Paul License ID # 20010Q00864 Dear Mr. Smith: The Department of Safety and Inspecfions (DS� has recommended suspension of the Tree Trimmer & 1 Vehicle license held by Jason W. Smith d/b/a Ambassador Tree Service for the City of 5aint Paul. The basis for the recommendaYion is as follows: On February 8, 2008, you were sent a letter from the Department of Safety and Tnspections indicating that your Tree Trimmer & 1 Vehicle license due on Febrnary 21, 2007 was delinquent. They also stated that the license fees for the period of February 21, 2008 thrn February 21, 2009 was also dne. You were then asked to submit your insurance and current vehicle information (year, make, model and license plate number) with your payment. Yon were given until February 29, 2008, to pay the license and late fees. The total amount now due is $416.00 ($164.00 in delinquent license fees, $80.00 in late fees and $172.00 in 2008 license fees). As of today's date fhaf payment has not been received. AA-ADA-EEO Employer Ambassador Tree Servic� July 18, 2008 Page 2 proceed: �� You can pay the delinquent license and late fees of $416A�. If this is your choice, you should send the payment directly to the Deputmenf of Safety and Inspecfions at 8 Fourth Street East, Suite 200, St. Pau1, Ivlinnesota 55101-1002 no later than Monday, July 28, 2008. Infozmation should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for yout convenience. Payment of the license and late fees will be considered to be a waiver of the hearing to wluch you are entifled. 2. If you wish to admit the facts but contest the penalty, you may have a public heazing befoze the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, July 28, 2008. The matter wili then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You will have an opporCnnity to appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Aclwiiustrative Law Judge. At tbat hearing both you and the City will be able to appear and present witnesses, evidence and cross-exatniue the other's witnesses. The St. Paul City Council will uitimately decide the case. If this is your choice, please advise me by Monday, July 2$, 2008, and I will take the necessary steps to schedule the adininistrative 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 haue questions about these opfions, please feel free to contact me at 266-8710. Sincerelp, � a�tt,.e l � Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA-AAA-EEO Employer STATE OF NIINNESOTIV - ss. COIJNTY OF RAMSEY ) AFF7DAVIT OF SEi .ICE BY U.S. MALL Ju1ie Kraus, being first duly swom, deposes and says that on the 18`� day of Juty, she served the attached NOTICE OF TNT'ENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: 3ason VJ. Smith Ambassador Tree Service 2226 Mohawk Road North St. Paul, MN 55109 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Mnuiesota. ,�9s� ��as`� ulie Kraus Subscribed and sworn to before me this 18 day July, 2008 �� - �� Notary Public RITA M. BOSSARD NOTARY PUBLIC - M INNESOTA MY COMMISSION EXPIRES JAN. 31, 20 7 0