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09-280Council File # D�'�- Green Sheet # �(p OF Presented by RESOLUTfON NT PAUL, MINNESOTA 11 1 WHEREAS, adverse action was taken against the Sidewalk Contractor license held by Advance 2 Wall Systems, Inc. d/b/a Advance Wall Systems, Ina (License ID #20060003807) for the City of Saint 3 Paul by Notice of Intent to Suspend License dated January 27, 2009 alleging licensee failed to submit a 4 current certificate of General and Auto Liability insurance for the coverage period of September 15, 2008 5 through September 15, 2009; and 6 7 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the 8 required insurance information; and 9 10 WHEREAS, the Notice of Intent to 5uspend License stated that if the licensee failed to submit the 11 required insurance by Februazy 6, 2009, that the matter would be placed on the consent agenda to impose 12 the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Sidewalk Contractor license held by Advance Wall Systems, Inc. d/b/a 15 Advance Wall Systems, Inc. is hereby suspended. Bosirom Harris Adopted by CouncIl: Date ��/l Adoption Certified by Counci Secretary By: � � Approved M' r: Date U/S(} B Requested by Department oE IJ �.L BY �� �.��2� Form �ed b Cit � Attorney By: \ l'vl Form A' ovefl b or fo��Sgbmission to Council PP t A � f / �j i BY � ��.L��i�''�i�-C.�� v � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �- �SD )epartmenU�ce/COUncil: ; Date Initiated: , S � _ Dept. of Safety & Inspections �� 24FEB-09 ��. GPeell S�e'et NO 3067198 i I Co'rtaM Person 8 Phone: , Rachel Tierney 266$710 Must Be on Counci 11-MAR-09 � Doc. Type: RESOLUTION : ./ � 0 ] ;� Assign , 2 by (Date)• , Number � Por � 3 Routing 4 , Order { 9 E-Document Required: Y Document Contact: Juile Kraus Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse action against the Sidewalk Contractoz license held by Advance Wall Systems, Inc. d/b/a Advavice Wall Systems, Inc. (License ID#20060003807) for the Ciry of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee _. _ _ Civil Service Commission Personal5ervice Contrects Must Answer the Following Questions: 1. Has ihis personlfirm ever worked under a conhact for this depaAmenY? Yes No 2. Has this person/firm ever been a city empioyee� Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet. Initiating Pro6lem, Issues, Opportunity (Who, What, When, Where, Why�: Licensee failed to submit a current certificate of General and Auto Liability insurance for the coverage penod of September 15, 2008 to September 15, 2009. After notification, licensee did not respond to the Notice of Intent to Suspend License. AdvantagesifApproved: License suspension. Disadvantages If Approved: Disadvantages If Not Approvetl: � Total Amount of Trensaction: Funtling Source: Financial Information: (Explain) CosVRevenue Budgeted: Activity Number: February 24, 2009 4:07 PM Page 1 OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey 0�1 ��BU SAINT PAU L � AAAA CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor CIVI� �IVISIOII 400 City Hall 15 West Kellogg Blvd. SaintPaul, Minnesota 55102 Telephone 6512668710 Facsimile: 65l 298-5619 January 27, 2009 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Advance Wall Systems, Inc. 16927 — 231 Avenue NW Big Lake, MN 55309 RE: Sidewalk Contractor license held by Advance Wall Systems, Inc. d/b/a Advance Wall Systems, Inc. for the City of Saint Paul License ID # 20060003807 Dear Sir/Madam: The Department of Safety and Inspections (DSI) has recommended suspension of the Sidewalk Contractor license held by Advance Wall Systems, Inc. d/b/a Advance Wall Systems, 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 (DSI) stating that your Sidewalk Contractor license was being placed "on hold" until you submitted a current certificate of General and Auto LiabiLity insurance for the coverage period of September 15, 2008 through September 15, 2009 and naming the City of Saint Paul as additional insured. 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: You can submit the requested insurance information. If this is your choice, you should send the information directly to the Deparhnent of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Pau1, Minnesota 55101-1806 no later than Friday, February 6, 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 will be considered to be a waiver of the heazing to which you are entitled. AA-ADA-EEO Employer Advance Wall Systems, Inc. January 27, 2009 Page 2 I' � . 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 Friday, February 6, 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 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 Friday, February 6, 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, 6 Rachel Tierney Assistant City Attorney ca Christine Rozek, Deputy Director of DSI Allan Mobley, 2614 Cardinal Way, Buffalo, MN 55313 AA-ADA-EF.O F.mnlnver STATE OF MINNESOT^� , ss COUNTY OF RAMSEY ) o��aBU Julie Kraus, being first duly swom, deposes and says that on the 27�' 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 foliows: Owner/Manager Advance Wall Systems, Inc. 16927 — 231 SI Avenue NW Big Lake, MN 55309 Allan Mobley 2614 Cardinal Way Buffalo, MN 55313 (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 27�' day of Januazy, 2009 <��d��� J' � � i���d�-a� Notazy Public AFFIDAVTT OF S�._ _ JICE BY U.S. MAIL RITA M. BOSSARD NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31. 2 0 1 0