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09-225Council File # 3�_�3 Green Sheet # , CITY ��� � RESOLUTION )F SAINT PAUL, MINNESOTA a'� 1 WHEREAS, adverse action was taken against the Solid Waste Hauler & Vehicle license held by 2 William J. Horrigan d/b/a Horrigan Hauling (License ID #20000005603) for the City of Saint Paul by 3 Notice of Intent to Suspend License dated January 22, 2009 alleging licensee failed to submit a current 4 certificate of General and Auto Liability insurance, current vehicle inspection report and current Schedule 5 of Charges; and 6 7 WIIEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the 8 required insurance, vehicle inspecfion report and Schedule of Charges; and 10 WHEREAS, the Notice of Intent to Suspend License stated that if the lacensee failed to submit the I 1 required insurance, vehicle inspection report and Schedule of Charges by February 2, 2009, that the matter 12 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Solid Waste Hauler & Vehicle license held by Williazn J. Horrigan d/b/a 15 Horrigan Hauling is hereby suspended. 16 Bostrom Harris Adopted by Council: Date Adoption Certified by Council �ecretary By: Approved a or: ate V"� By: Requested by Depamnent oE � By: � Form,�p roved by City Attorney BY� � �, t �G1111�n Form Ap ove b ayor r Sub ission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gree ��t�� S � _Dept.ofSafety8lnspections � ��_pE6-09 ; Green Sheet N zct Person & Phone: Rachel Tiemey 266$710 Must Be on Council Agenda by 25-FE&09 /p n m c �.. Doc.Type:RESOLUTION E-Document Required: Y Document Contact �ulie Kraus Contact Phone: 26E8776 .,� 1 0 i Assign � 2 Number i For 3 Routing � 4 Order � 5 Tot # of Signature Pages _(Gip All Locations for Signature) Approval of the attached resolution to take adverse acfion against the Solid Waste Hauler & Vehicle license he]d by William J. Horrigan d{b/a Horrigan Hauling (License ID#20000005603) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee _ _ . Civil Service Commission Personaf Setvice Contracts Must Answer the Following Questions: 1. Has this personffrm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a cfty employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cuttent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Slpportunity (Who, What, When, Where, Why}: Licensee failed to submit current certificates of General and Au[o Liability insurance, current vehicle inspecdon report and a current Schedule of Charges. After notifica6on, licensee did not respond to the Notice of Intent to Suspend License. Advantages If Approved: License suspension. Disadvantage5lfApproved: Disadvantages If Not Approved: Total Amount of Transactioo: Funding Source: Financial Infarmation: (Explain) CostlRevenue Budgeted: Activity Num6er. February 11, 2009 10.21 AM Page 1 � ��5 SAiN] PAUL � AAAA CITY OF SAINT PAUL ChristopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J Choi, CityAttomey Civil Drvision 400CityHall Telephone:65126687f0 15 West Kellogg 8/vd. Facsimile � 657 29S-S619 Saint Paul, Minnesota 55102 January 22, 2009 NOTICE OF INTENT TO SUSPEND LICENSE Wiliiam J. Horrigan Horrigan Hauling 321 Arlington Avenue East St. Paul, MN 55130 RE: Solid Waste Hauler & Vehicle license held by William J. Horrigan d/bla Horrigan Hauling for the City of Saint Paul License ID # 20000005603 Dear Mr. Honigan: The Department of Safety and Inspections (DSI) has recommended suspension of the Solid Waste Hauler & Vehicle license held by William J. Horrigan d/b/a Horrigan Hauling for the City of Saint Paul. The basis for the recommendation is as foliows: On September 19, 2008, you were sent a THIRD REOUEST from the Department of Safety and Inspections stating that your Solid Waste Hauler & Vehicle license was being placed "on hold" until the following requirements were met: 1) submit a current certificate of General and Auto Liability insurance for the coverage period (now reauired Januarv 1, 20�9 through danuarv 1, 2010) with a 30-day notice of cancellation; 2) a current vehicle inspection report and 3) a current Schedule of Charges. You were given until October 3, 2008 to submit the requested information. As of today's date that information has not been received. At this time, you have three options on how to proceed: L You can submit the requested insurance, vehicle and rate information. If this is your choice, you should send the information directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, February 2, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Submission of the requested insurance, vehicle and rate information will be considered to be a waiver of the hearing to which you aze entifled. aa_ana_FFn xm„i,,,,�. Horrigan Hauling January 22, 2009 Page 2 �`J-di�.J -- -- - - — -- 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. We will need to receive your letter by Monday, February 2, 2009. 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, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, February 2, 2009. 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, / `/ p i /� � QiC' liZ@_I' ��e.�d1.c°t - L `cCA.� U ` Rachel TiemeyNirginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA-ADA-EEO Employer STATE OF MINNESOT ^ 1 � ss. AFFIDAVIT OF SL_. VICE BY U.S. MAIL COUNTY OF RAMSEY ) Oc�-a� J .r Julie Kraus, being first duly sworn, deposes and says that on the 22 day of January, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: William J. Horrigan Horrigan Hauling 321 Arlington Avenue East St. Paul, MN 55130 (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 22° day of January, 2009 �-��-- ���----� Notazy Pub ic RITA M. BOSSARD NDTARYPUBLIC• MIN�IESOTA MY COMMISS ION EXPIRESJAN 31,2010 "� -c.s .a.�'�F