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09-223Council File # 09—ZZ � Green Sheet # 3b�? RESOLUTION OF SAINT PAUL, MINNESOTA �� - y- ----- - - �- - - -- - _ - --- -- .. ,, 1 WHEREAS, adverse action was initiated against the Sidewalk Contractor license held by Machill 2 Construction Services, LLC d/b/a Machill Construction Services, LLC (License ID #20070004870) for the 3 City of Saint Paul by Notice of Intent to Suspend License dated November 21, 2008, alleging licensee 4 failed to pay delinquent license and late fees of $240.00 and submit current insurance and bond � information; and WHEREAS, the licensee did respond to the Notice of Intent to Suspend License to request an extension until January 1, 2009, in order to pay the delinquent license and late fees and submit the requested current insurance and bond information; and 10 11 WHEREAS, the licensee then failed to pay the delinquent license and late fees and submit the 12 requested insurance and bond information by the January 1, 2009 deadline so the matter will be placed on 13 the consent agenda to impose the recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Sidewalk Contractor license held by Machill Construction Services, LLC 16 d!b!a Machill Construction Services, LLC is hereby suspended. 17 18 19 20 Bostrom Carter Harris Helgen Adopted by Council: Date Requested by Deparhnent of: �DSs- BY: r'��., c_. �l �1�1 Form A roved by City Attomey a By: ��1 �i� �-�,�� Adoption Certified by Counc' Secretary Form Ap r e b ayor for ibm' sion to Council BY� � �'J By: Appro by ayo�:� Date � p I. By: Vlh� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � t�-aa3 S � _ Dept. of Safety & Contact person 8 Phone: Rachel Tiemey 266-8770 Must Be on Council Agen 25-FEB-09 � � Uoc. RESOLUTION 15-DEC-08 ! Green Sheet NO: � � � 0� ept of SafeN & Inspectione � i ] Dept of Satetv & Inspections � Denanmem Direnor ' ' Assign � y (gtyAttornev by (Da�e Number — - � � F I 3 S�vor'S Office �, MaYOr/Assis�nt Routing I 4 , oonc�l Order � 5 �CitvC7erk � CifyClerk E-Document Required: Y Document Contact: Julie Kraus Conqct Phone: 2668776 7oWi # of Signature Pages _(Clip All Locations for Signature) Resolurion approving advecse action against the Sidewallc Contractor license held by Machill Construction Services, LLC dl61a Machill Construction Services, LLC (License ID#20070004870) for the Ciry of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commissio� Personal Service Controcts Must Answer the Following Questions: 1. Has this perso�rm ever worked under a contract for this depaAment? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this pewonlfirm possess a skdl trot normaAy possessed by any current ciry employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet. l�ftiating Probtem, lssues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay license and late fees in the amount of $240.00 and submit cunent insurance and bond information. Afrer norification, licensee did respond to the Notice of Intent to Suspend License to request an extension. DSI granted the extension until January 1, 2009 but licensee failed to pay the de]inquent license & la[e fees or submit required information by the new deadline. Advantages If Approved: License Suspension. Disadvanqges If Approved: Disadvantages If Not Approved: ToW1 Amount of Trensaction: Funding Source: Financial Infofmation: (Expiain� CosURevenue Budgeted: Activity Number: February 10, 2009 10:24 AM Page 1 I�i-�a3 OFFICE OF THE CITY ATTORNEY John J. Choi, City ABOmey SAINT PAUL � AAAII CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor November 21, 2Q08 Civil Division 400 City Hall l5 West Keflogg B/vd. Saint Paul, Mnnesota 55902 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Machill Construction Services, LLC 3947 Excelsior Boulevazd St. Louis Pazk, MN 55416 RE: Sidewalk Contractor license held by Machill Construction Services, LLC d/b/a Machill Construction Services, LLC for the City of Saint Paul License ID #: 200700048'70 Dear Sir/Madam: Telephone' 651 2668710 Facsrmile. 651 298-S619 The Department of Safety and Inspections (DSI) has recommended suspension of the Sidewalk Contractor license held by Machill Construction Services, LLC d/b/a Machili Construction Services, LLC for the City of Saint Paul. The basis for the recommendation is as follows: On October 1, 2008, you were sent a letter and RENEWAL INVOICE from the Department of Safety and Inspections (DSI) indicating that your Sidewalk Contractor license due on July 1, 20Q8 was delinquent. The total amount due is $240.00 ($172.00 in licenses fees aad $68.00 in late fees). You were given until October 22, 2008, to pay the licenses and late fees. As of today's date, that payment has not been received. You were also asked to submit current certificates of Automotive Public Liability and Non-automotive Public Liability insurance naming the City off Saint Paul as additional insured and a current $5,000.00 Sidewalk Bond along with your payment. As of today's date, that information has not been received. At this time, you have three options on how to proceed: 1. You can pay the license and late fees of $240.00 and submit the requested insurance and bond information. If this is your choice, please send payment and requested information to the Department of Safety and Inspec6ons (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 1, 2008. Payment should Machill Construction Services, �.,C (�y-�,�,,3 November 21, 2008 Page 2 be d'uected to the attention of Christine Rozek. A self-addressed envelope has been included for your convenience. Payment of the fine and submission of the requested insurance and bond information will be considered to be a waiver of the hearing to which you aze enritled. 2. If you wish to admit the facts but contest the penalty, you 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. We will need to receive your letter by Monday, December 1, 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 no longer wish to do business in the City of Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspections (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, December 1, 2008. Information should be directed to the attention of Christine Rozek. 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, IG a.�'� I t� � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Douglas Hill, 4150 Ottawa Avenue South, St. Louis Park, MN 55416 STATE OF MINNESOT " 1 � ss. COUNTY OF RAMSEY ) G � a�3 Julie Kraus, being first duly swom, deposes and says that on the 21 s ` day of November, she served the attached NOTICE OF' INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Owner(Manager Machill Construction Services, LLC 3947 Excelsior Boulevazd St. Louis Pazk, MN 55416 Douglas Hi11 4150 Ottawa Avenue South St. Louis Park, MN 55416 (which is the ]ast 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 21 S ` day of November, 2008 ��L�wu" r'� `- ��° �_� Notary Public AFFIDAVIT OF Sh..VICE BY U.S. MAIL R1SA M. �OSSARD lpiARY PUBLIC-MINNESOTA MVCOMMISSION , OCPIRESJAN.31 2616 ` - r�-c