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08-978Council File # 08 -9 � 8 Green Sheet # .3�,�'7 RESOLUTION 1 WHEREAS, adverse acfion was initiated against the City Contractor- Specialty under $15,000 2 license heid by James Zavoral d/b/a James Zavoral (License ID#20040003700) for the City of Saint 3 Paul, by Notice of Intent to Suspend License dated July 21, 2008, alleging licensee failed to submit 4 current insurance and bond information and pay delinquent license fees and late fees in the amount of 5 $408.00; and 7 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 8 allegation, submit the required insurance and bond information and pay delinquent license fees and late 9 fees; and 10 11 WI-IEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 12 allegation, submit the required insurance and bond information and pay the delinquent license fees and late 13 fees by July 31, 2008, that the matter would be placed on the consent agenda to impose the recommended 14 penalty; now, therefore, be it 15 16 RESOLVED, that the City Contractor- Specialty under $15,000 license held by James Zavoral is 1'7 hereby suspended. 18 19 20 21 22 Yeas Nays Absent Bostrom ;/ Carter ,/ Harris ,/ Helgen ,/ Lanhy � Stark ,j Thune �/ d Adopted by Council: Date ����p'� Adoption Certified by Coupcil Secretary BY� � � Approved�y r: Date � � U� By: Requested by Department o£ �J c�� -�- B ��I-MA.�. i� � Form A� oved by City Attorney BY� �� l {l!W Form prove b ay f ub 'ssionto Council By: � Greeri SC�eeE Green Sheet Green Sheet Green Sheet Gre�n-�t►eet�reer�=SiseeY =� -- ��'q�p SI - Dept of Safety & Incpections � 17-AUG-08 ConfaM Petson & Phone: Rachel Tiemey zss-s � Assign Number For Routing Order 0 ept ofSafety & Inspectioas 1 DL of Safetr & Insoections Deparlment DireMOr i 2 ' Attorne 3 a or's 06ce Ma or/Assistaut 4 �Comc� 5 ' Clerk C] Clerk Must Be on ouncil Agenda p b . y , �� ( 03SEP-08 ` G�� Ql � ' `�`_` Doc.Type: RESOLUTION E-DOCUment Required; Y DocumentConfact: JulieKraus ContactPhone: 266-8776 ToWI # of Signature Pages_ (Clip All Locations for SignaWre) Approval of the attached resolution to take adverse acrion against ihe Ciry Contractor-Specialiry under $15,000 license held by James Zavoral d/b/a 7ames Zavoral (License ID#20040003700) for ffie Ciry of Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm everworked under a contract for this departmenY? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this perso�rm possess a skifl not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): License failed to submit current insurance and bond information and pay delinquent license and late fees o£ $408.00. After nofificarion, licensee did not respond to the Notice of Intent to Suspend License. Advantages IfApproved: ° License suspension DisadvanWges If Approved: None DisadvanWges If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: August 17, 2008 1:51 PM Page 1 ( � OFFICE OF Tf� CITY A'£TORNEY John J. Cho; CityAttomey CITY OF SAINT PAUL CivilDivision ChrisfopherB. Coleman, Mayor 400 CityHall Telephone: 65126frB790 >SWestKefloggBlvd. Facsimile:651298-5619 Saint Paul, Mnnesota 55102 July21, 2008 NOTICE OF INTENT TO SUSPEND LICENSE James Zavoral 2103 Niles Avenue St. Paul, MN 55116 RE: City Contractor — Specialty under $1 S,OOO license held by James Zauoral d/b/a 7ames Zavozal for the City of Saint Paul License ID # 20040003700 Dear Mr. Zavoral: The Department of Safety and Inspections (DSn has recommended suspension of the City Contractor — Specialty under $15,000 license held by James Zavoral d/b/a James Zavoral for the City of Saint Paul. The basis far the recommendation is as follows: On February 8, 2008, you were sent a letter from the Department of Safety and Inspections indicating that your City Contractor — Speeialty under $15,000 license due on July 9, 2006 was delinquent. Also, the $164.00 license fee for the period of July 9, 2007 thru July 9, 2008 was delinquent. 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). As of today's date that payment has not been received. You were also asked to submit current insurance and bond information with your payment. As of today's date that information has not been received. AA-ADA-EEO Employer 7ames Zavoral � July21, 2008 Page 2 � . � / 1• • You can pay the license and late fees of $408.00. If this is your choice, you should send the payment and requested information direcdy to the Deparhnent of Safety and Inspecfions at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Thursday, July 31, 2008. Information 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 which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may ha�e 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. We will need to receive your letter by Thursday, July 31, 2008. The matter will then be scheduled before the City Council for a public hearing to deteimine whether to suspend your license. You will have an opporhxnity 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 Administrafive Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examiiie the other's witnesses. The St. Paul City Council wili ultimately decide the case. ff this zs your choice, please 1_et me ks?ow b� Th�rsda�, Jn1_y 31, 2008, and I will take the necessary steps to schedule the administrafive 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, 2��,,,.Q 1 � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA-ADA-EEO Employer STATE OF MINNESOTC � ss. AFFIDAVIT OF SE(..ICEBY U.S. MAIL COUNTY OF RAMSEY ) 6� -��� Julie Kraus, being first duly swom, deposes and says that on the 21 ST day of July, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: James Zavoral 2103 Niles Avenue St. Paul, MN 55116 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Julie Kraus Subscribed and swom to before me teus 21 day July, 2008 ...�_ t�. ✓l� �, i/�� .i � i —• � � � ;�, �usantutarieJanisch-S^damer � �lOTARYPUBLlC•�L1iNNESOTA i�flY COMfi+ilSSiOY ' ;�;' EXPiRES3AR5.3i,2012