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09-287Council File # (�'�' -a Green Sheet # lp'i�( 0 CITY OF Presented by RESOLUTION PAUL, MINNESOTA �� 1 WHEREAS, adverse action was taken against the City Contractor — Fence license held by Gopher 2 Fence d/b/a Gopher Fence (License ID #20080000023) for the City of Saint Paul by Notice of Intent to 3 Suspend License dated January 27, 2009 alleging licensee failed to pay delinquent license and late fees in 4 the amount of $257.00; and 5 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the delinquent license and late fees; and 9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the 10 delinquent license by February 6, 2009, that the matter would be placed on the consent agenda to impose I 1 the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the City Contractor — Fence license held by Gopher Fence d/b/a Gopher Fence is 14 hereby suspended. Yeas Nays Absent Bostrom Carter Harris Helgen � Lantry Stark Thune � Adopted by Council: Date �-�/j��Gj Requested by Department of: BY� �viL�t.on.l.nz� T7" Form A v�ity Attorney �- � BY� � ( c.t1�1� � Adoption Certified by Co cil Secretary Form Approv�by,Mayo �for��Su to Council B S'' SY� �'f-y i�1�.�'/��t L.,. Approved b Date � ($ O By: L � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � a� -�� )epartmenUOfflce/COUncil: Date Initiated: i S� _Dept.ofSafeTy8lnspedions I 24FEB-09 I Green Sheet NO: 3067204 ConWct person & Phone: ; � Rachel Tiemey i y �� 0 266-87t0 1 ' Assign �' Z Must Be on Councit Agenda by ( e): 4 Number 4 11-MAR-09 �(�� n�)�� � For �j 3 .�•_«n�r � Routing 4 Ooc. Type: RESOLUTION ' Order � 5 � EDocument Required: Y ! DocumentConWct: JulieKraus I Confact Phone: 266-8776 I Total # of Signature Pages _(Clip All Locations Por SignaW re) Action Requestetl: Appioval of the attached resolution to take adverse action against the City Conh�actor-Fence license held by Gopher Fence d/b/a Gopher Fence (License ID#20080000023) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee _ Civil Se�vice Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this person/firm ever been a ciry employee� Yes No 3. Does this persoNfittn possess a skiit not normaity possessed by any current city employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license and late fees in the amount of $257.00. After notificahon, license did not respond to the Notice of Intent to Suspend License. AtivanWges If Appraved: License suspension. Disativantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity tiumber: February 24, 2009 4:41 PM Page 1 OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey �/ /� O v SwINT PAU L � AAAA CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor Civd Division 400 City Hall 75 West Kellogg Blvd Saint Paul, M�nnesota 55102 Telephone: 651 2668710 Facsimile: 651 298-5619 January 27, 2009 NOTICE OF INTENT TO SUSPEND LICENSE Tracy L. Quinn Gopher Fence 3785 Restwood Road Blake, MN 55014 RE: City Contractor — Fence license held by Gopher Fence d/b/a Gopher Fence for the City of Saint Paul LicenseID #20080000023 Dear Ms. Quinn: The Department of Safety and Inspections (DSI) has recommended suspension of the City Contractor — Fence license held by Gopher Fence d/b/a Gopher Fence for the City of Saint Paul. The basis for the recommendation is as follows: On December 10, 2008, you were sent a letter from the Department of Safety and Inspections (DSn, notifying you that your City Contractor- Fence license had expired on August 9, 2008, and your license fees were now delinquent. The amount now due is $257.00 ($172.00 in license fees and $55.00 in late fees). You were given until December 31, 2008, to submit payment of the delinquent license and late fees. As of today's date that payment has not been received. At this time, you have three options on how to proceed: You can pay the delinquent license and late fees of $257.00. If this is your choice, you should send payment directly 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. A self-addressed envelope is enclosed for your convenience. Information should be directed to the attention of Christine Rozek. Payment of the delinquent license and late fees will be considered to be a waiver of the heazing to which you aze entitled. L:\CiVII,\KRAIIS\FnRM A'S\SiISPFNST(1NS1f;(lPi(FUSFN�Fr rrc�rcacnnnee nn� Gopher Fence 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 lettez 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 opportwiity 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 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, ���� Rachel Tierney Assistant City Attorney ca Christine Rozek, Deputy Director of DSI STATE OF MINNESOT'' � SS. COUNTY OF RAMSEY ) 69-�8� 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 conect copy thereof in an envelope addressed as follows: Tracy L. Quinn Gopher Fence 3785 Restwood Road Blake, MN 55014 (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 27` day of January, 2009 ���.� �,� �� «-� No ary Pubiic AFFIAAVIT OF S�_. VICE BY U.S. MAIL RITA M. BOSSARD NDTARY PI�LIC• MINI�SOTA MY COMMISSION EXPIRESJAN 31, 201 0