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09-226Council File # d Green Sheet #_�� RESOLUTION �CITY�,OF SAINT PAUL, MINNESOTA �.�.. - - - ---- � - - - - - -- - - - Presen[ed by ,,�-r- r v � 1 WHEREAS, adverse action was taken against the Tree Trimmer & 1 Vehicle license held by Lone 2 Oak Tree Service, Inc. d/b/a Lone Oak Tree Service, Ina (License ID #0062543) for the City of Saint Paul 3 by Notice of Intent to Suspend License dated Januazy 22, 2009 alleging licensee failed to submit a current 4 certificate of General Liability insurance and current vehicle information; and WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the required insurance and vehicle information; and 9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the 10 required insurance and vehicle information by February 2, 2009, that the matter would be placed on the 11 consent agenda to impose the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the Tree Trimmer & 1 Vehicle license held by Lone Oak Tree Service, Inc. d/b/a 14 Lone Oa1c Tree Service, Inc. is hereby suspended. 15 Bostrom Carter Harris Requested by Department of: � cS_�- BY �� �ilt �� � Thune ` Form A ved by City Attorney Adopted by Council: Date �/�.S/�d% By� Fl `�—ed`�u' / Adoprion Certified by Co il Secretary Form Approv b yor for Su�m�i�s on t Council BY= ` �'I By: n ����.�'�.c^"'i`vi./�i Approve Ma Date .� ^ . By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet txi aa-P� S� _Dept.ofSafety&Inspections �„_FEB-og ; Green Sheet NO: CoMact person 8 Phone: Rachel Tiemev 266$710 Must Be on Counci Agenda by (Dat 2SFEB-09 `�nSQ Doc. Type: RESOLUTION E-0ocumentRequired: Y Document ConWcY �ulie Kraus Contact Phone: 266-8776 � � 0 eot of Safetv & InsPections 1 Dept of Safetv & Insoections Denartment Director Assign I 2 �ityAttornev ' � Number � Fof � 3 ' ayor's Office �' MavodASSisiant Routing ' 4 ',Council � I II Oro� 5'(,kty Clerk I� CiN Clerk ' Total # of Signature Pages _(Clip Ail Locations for Signature� Approval of the attached resolu6on to take adverse acrion agains[ the Tree Trimmer & 1 Vehicle licease held by Lone Oak Tree Service, Inc. d/b/a Lone Oak Tree Service, Inc. (License ID#0062543) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee . Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/frm ever worked under a contract for this department? Yes Na 2. Has this personffrm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Exptain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit a cuaent certificate of General Liabiliry insurance and current vehicle information. After notification, licensee did not iespond to the Notice of Intent to Suspend License. AdvanWges If Approved: License suspension. Disativantages If Approved: DisadvanWges If NotApproved: Total Amount of Trensaction: Funding Source: Financiai Information: (F�cpiain) CosURevenue Butlgetetl: Activity Number: February 11, 2009 10:27 AM Page 1 OFFICE OF THE CITY ATTORNEY a �� John J Choi, CityAttomey SAINi P CITY OF SA1NT PAUL � Chnstopher 8. Coleman, Mayor AAllll January 22, 2009 Crvil Division 400 City Hall 15 West Kellogg Blvd. SaintPaul, Minnesota 55f02 Telephone� 651 2668710 Facsrmile. 657 298-5619 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Lone Oak Tree Service, Inc. 615 Kimball Street NE Fridley, MN 55432 RE: Tree Trimmer & 1 Vehicle license held by Lone Oak Tree Service, Inc. d/b/a Lone Oak Tree Service, Inc. for the City of Saint Paul LicenseID # 0062543 Dear Sir/Madam: The Department of Safety and Inspections (DSI) has recommended suspension of the Tree Trimmer & 1 Vehicle license held by Lone Oak Tree Service, Inc. d/b/a Lone Oak Tree Service, Inc. for the City of Saint Paul. The basis for the recommendation is as follows: On December 16, 2008, you were sent a letter from the Department of Safety and Inspections stating that your license was being placed "on hold" until you submitted a current certificate of General Liability insurance for the coverage period of September 7, 2008 through September 7, 2009. DSI records also show that you have not submitted current vehicle information (year, make, model and license plate number). You were given until December 30, 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: 1. You can submit the requested insurance and vehicle information. If this is your choice, you should send it 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 far your convenience. Submission of the requested insurance and vehicle information will be considered to be a waiver of the hearing to which you are entitled. AA-ADA-EEO Employer Lone Oak Tree Service, _;,. January 22, 2009 Page 2 G�-�a� 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, ��C��-� / (.��u� G��I Rachel Tierney/Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA-qDA-EEO Employer STATE OF MINNESOTA) } ss. AFFIDAVIT OF S_ _:VICE BY U.S. MAIL COUNTY OF RAMSEY ) �c�_� � 7ulie 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: Owner/Nlanager Lone Oak Tree Service, Inc. 615 Kimball Street NE Fridley, MN 55432 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� � Juhe Kraus Subscribed and sworn to before me this 22" day of January, 2009 ��� �� � Notary Public � RITA M BOSSARD NDTARY PUBL�C- MINNESOTA MY COMMISS ION D(PIRES JAN. 31. 2 0 1 0