09-227Withdrawn 2/25/2009 Council Fite # a
Green Sheet #_���
RESOLUTION
� Cl, � OF SAINT PAUL, MINNESOTA �.
� ------- ------ - - 3
1 WFIEREAS, adverse action was taken against the Tree Triminer & 1 Vehicle and Tree Trimmer —
2 Each Add'1 Vehicle licenses held by TRM Tree Service, LLC d/b/a Visions Tree Service (License ID
3#20050002301) for the City of Saint Paul by Notice of Intent to Suspend Licenses dated January 22, 2009
4 alleging licensee failed to submit a current certificate of General Liability insurance and current vehicle
5 information; and
6
7
9
10
11
12
13
14
15
16
WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the
required insurance and vehicle information; and
WIIEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the
required insurance and vehicle information by February 2, 2009, that the matter would be placed on the
consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle licenses
held by TRM Tree Service, LLC d/b/a Visions Tree Service are hereby suspended.
Yeas Nays Absent
Bosffom
Carter
Harris
Helgen
Lantry
Stark
T'hune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
B
Requested by Depariment of:
U�. 1�
�Y� � � /�- �,c�-�
Form A ved by City Attorney
B � ��� �
Form Appz�'�le � Mayor f r Subr 'ssion Yo Council
By: �.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
IuroAn..,..wn�e�..ir�.._�.r. � .._._._,... . �_W���
S� _Depl.ofSafety&inspections '� 11-PEB-09 � Green Sh NO: 31
� ; —
Cor�Wct Person & Phone:
Rachei Tiemey
zs6-8710
Must Be on Council F�qenda by
2SFEB-09 //1 �,. t n �
7 RESOLUTION
E-Document Required: Y
Document Contact: dulie Kraus
Contact Phone: 266-8776
�
Assign
Number
For
Routing
Order
0
i
2
3
4
5
Total # o Si Page _( Clip A ll L for Sign
Action Requested:
Approvai of the attached resolurion to take adverse action agains[ the Tree Trimmer & I V ehicle and Tree Trimmer-Each Add'I
Vehicles licenses held by TRM Tree Service, LLC d/b/a Visions Tree Service (License ID#20050002301) for the City of Saint PauL.
Recommendations: Approve (A) or Reject (R):
Planning Commission
GIB Committee
Givil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoMfirm ever worked under a contract for this depariment�
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cuttent city employee?
Yes No
Explain all yes answers on separate sheet and atWch to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit a current certificate of General Liabiliry insurance and current vehicle information. After notification,
licensee did not respond to the Notice of Intent to Suspend License.
AdvanWges IfApproved:
License suspension.
DisadvantageslfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financiallnformation:
(Explain)
CosURevenue Budgeted:
Activity Number:
February 11, 2009 7031 AM Page 1
�1-��7
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityABomey
SAIHT
PA CITY OF SAINT PAUL
� ChristopherB. Colemaq Mayor
AAAA
January 22, 2009
Civil Division
400CityHall Telephone:6512658710
l5 Wesf Kellogg Blvtl. Facsimile: 651 298-5679
Saint Paul, Minnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSES
Owner/Manager
Visions Tree Service
895 Ivy Avenue East
St. Paul, MN 55106
RE: Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle licenses
held by TRM Tree Service, LLC d/b/a Visions Tree Service for the City of Saint Paul
License ID # 20050002301
Dear Sir/Madam:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle licenses held by TRM Tree
Service, LLC d/b/a Visions Tree Service for the City of Saint Paul. The basis for the
recommendation is as follows:
On September 19, 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 July 21, 2008 through July 21, 2009.
DSI records also show that you have not submitted current vehicle
information (year, make, model and license plate numbers). 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:
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 for 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
Visions Tree Service
January 22, 2009
Page 2
o9-da�
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]etter with a statement
admitting the facts and requesring 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 licenses.
You will have an opportunity to appeaz 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
snspension of your licenses. 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,
��T f1 E� �c-e�t��-<-y Yi�
U
Rache] Tierney/Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
AA-ADA-EEO Employer
STATE OF MINNESOT " 1
� ss.
COUNTY OF RAMSEY )
��
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:
Owner/Manager
Visions Tree Service
895 Ivy Avenue East
St. Paui, MN 55106
(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 aus
Subscribed and sworn to before me
this 22 day of January, 2009
' �z.� �/l'� � �. �—
ot� rubl��
AFFIDAVIT OF SL_.VICE BY U.S. MAIL
RITA M. BOSSARD
NOTARY PUBLIC. MINNESOTA
MY COMMSSION
EXPIRES JAN. 31. 20 7 0