09-309Council File # 09-309
Green Sheet # _��p
CITY
Presented by
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1 WHEREAS, adverse action was taken against the Sidewalk Contractor license held by Peck
2 Construction, Inc. d/b1a Peck Construction, Inc. (License ID#20070004357) for the City of Saint Paul by
3 Notice of Intent to Suspend License dated February 20, 2009, alleging licensee failed to pay delinquent
4 license and late fees of $257.00, submit a cunent certificate of Automotive and Non-automotive Public
5 Liability insurance naming the City of Saint Paul as additional insured and a$5,000.00 Sidewalk Bond;
6 and
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WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to contest the
allegation, request a public hearing, or pay the delinquent license and late fees, submit the required
insurance information and a$5,000.00 SidewaJk Bond; and
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation, request a public hearing or pay the delinquent license and late fees, submit the required
insurance information and a$5,000.00 Sidewalk Bond by March 2, 2009, that the matter would be placed
on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Sidewalk Contractor license held by Peck Construction, Inc. d/b/a Peck
Construction, Inc. is hereby suspended for failure to pay delinquent license and late fees of $257.00. The
licensee is also ordered to pay a matrix penalty of $500.00 for failure to submit reguired insurance
information and a$5,000.00 Sidewalk Bond. Payment of such penaky shall be made within thirty days of
the date of the adoption of this resolution.
Requested by Deparnnent of:
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BY� l_/k-d,u�,a? l' ��1,2.L-�
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Adopted by Council: Date
RESOLUTtON
PAUL. MINNESOTA
Absent
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Adoption Certified by Coun ' Secretary
By:
Approv y r Date 3 ?�a
By:
Form A roved by City Attomey
B y' �� IJfde
Form A rove b Ma for S s'on t ouncIl
By:
� Green Sheet Green Sheet
09-309
Green Sheet Green Sheet Green Sheet Green Sheet �
Departmentl0fficelCouncil: Date Inkiated:
SI —Dept.ofSafety8lnspections 06-MAR-09 Green Sheet NO: 3067606
ContadPersonBPhone: Dep�^e� SeatTOPerson {nRiaUDate
Rachel Tiemev y o e[. of Safetv & Ins e�tion: �—� �----- i �
266-$�� 0 1 e t of Safe & 7ns ectioas De aTlment Deufor
Assign 2 itvAttorne �_�
Must Be on Counci Agenda by ( te): Number
18-MAR-09 Por 3 or's O8"ice MavorlAssista¢t
Routing 4 ovncil �
Doc. Type: RESOLUTION Order 5 i Clerk Ci Clerk
E-Document Required: Y
Document Contaet: Julie Kraus
Contact Phone: 266-8776
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of fhe attached resolufion fo fake adverse action againsf the Sidewallc Confractor license held by Peck Conshvction, Inc.
d/b/a Peck Conshuction, Ina (License ID #2007000435 n for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswerthe Following Questions:
Planning Commission 1. Has this perso�rtn ever worked under a contract for this department?
CI8 Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a sitill not normally possessed by any
current city employee?
Yes No
Explain aII yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee faIled to pay delinquent license and lafe fees of $257.00, submif cunent certificates of Automofive and Non-Autamotive
Liability insurance and a$5,000.00 Sidewalk Bond. After notificafion, fhe licensee did not respond fo the Norice of Intent to Suspend
License.
Advantages If Approved:
License suspension and imposition of $SOO.DO matrix penalty.
Disadvantages If Approved:
Disadvantages Ifi Not Approved:
Total Amount of CostlRevenue Bud eted:
Transaction: 9
Funding Source: Activity Num6er:
Financial Information:
(EXplain)
March 6, 2009 3:15 PM Page 1
Or-��
OFFICE OF THE CITY ATTORNEY
John J. Choi, CiryAttomey
SAINT
PAU CITY OF SAINT PAUL CivilDivision
� ChnstopherB. Coleman, Mayo� 400 City Hall Telephone: 651 2668710
'15 West KelloggBlvd. Facsimile:651
IIAAA Samt Paul, Mmnesota 55102
February 20, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Mazk A. Peck
Peck Construction, Inc.
13900 Sunfish Lake Boulevard
Ramsey, MN 55303
RE: Sidewalk Contractor license held by Peck Consriuction, Inc. d/b/a Peck Construction, Inc.
for the City of Saint Paul
License ID #20070004357
Deaz Mr. Peck:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Sidewalk Contractor license held by Peck Construction, Inc. d/b/a Peck Construction, Inc. for the
City of Saint Paul. The basis for the recommendation is as follows:
On July 8, 2008, you were sent a letter from DSI statiug that your
Sidewalk Contractor license had expired on April 25, 2008. As of
today's date you now owe $257.00 in delinquent license and late fees.
You were also asked to submit current certificates of Automotive and
Non-automotive Public Liability insurance naming the City of Saint Paul
as additional insured and a$5,000.00 Sidewalk Bond.
You were given until July 29, 2008, to pay the delinquent license and late
fees and submit the required insurance and bond information. As of
today's date, neither the payment nor the required insurance and bond
information has been received.
In addition to the suspension of your licenses for non-payment of delinquent license and late fees,
per Saint Paul Legislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00
matrix penalty for failure to submit required documents to maintain your license.
AfFirmative Action F.aual (�nnnrtunitv RmnlnvPr
d�_�dy
Peck Construction, Inc.
February 20, 2009
Page 2
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty, license and late fees of $257.00 and submit the
requested insurance and bond informarion. If this is your choice, you should send the
payments and information directly to the Department of Safety and Inspections at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March
2, 2009. Payment should be directed to the attenrion of Christine Rozek. A self-
addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix
penalTy, license and late fees of $257.00 and submission of the requested insurance and
bond information will be considered to be a waiver of the heazing to which you aze
entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public hearing
before the Saint Paul Ciry 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, March 2, 2009. The matter will then be scheduled before the City Council
for a public heazing to determine whether to impose the $500.00 matrix penalty and
suspend your license. You will have an opportunity to appear before the Council and
make a statement on your own behalf.
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 (DSI), at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March
2, 2009. Information should be directed to the attention of Christine Rozek.
If you have not contacted me by that date, I wili assume that you do not contest the
imposition of the $500.00 matrix penalty and 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 Tiemey
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
f�.fflTmafiVe Actinn F.mial Onnnrtnnitv FmnlnvPr
Chapter 310. Uniform License Procedures Page 1 of 2
d�i :3or1
m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. These penalties are presumed to be appropriate for every case; however the council may
deviate therefrom in an individual case where the council finds and determines that there exist
substantial and compelling reasons making it more appropriate to do so. When deviating from
these standards, the council shall provide written reasons that specify why the penalty selected
was more appropriate.
TABLE INSET:
Appearance
Type of Violation 1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocation
placed on the license f� and 10-day
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $2 000.00 fine Revocation
the legislative code relating f � e and 10-day
to the licensed activity suspension
(2) Vioiation of provisions of
the legislative code relating $500.00 fine $1,000.00 $2,000.00 fine Revocation
to the licensed activity, and 10-day
other than violations of the fine suspension
food code
(3) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
LIEP inspector or police
(4) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(5) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
lice�see or employee
(6) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(7) Failure to pay license Revocation
fees
(8) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,D00.00
under 331A
(i) Fines payable without hearing .
A. fSotwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
http://library4.municode.com/4472/DocView/1 0061/1/3 1 7/3 1 8?hilite=310 O5; 2/12/2009
Chapter 310. Uniform License Procedures
0� 3 �� Page 2 of 2
notice of violation has indicated that a hearing is required because of
circumstances which may warsant deviation from the presumptive fine amount.
Paymenf of the recommended fine will be considered to be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine wilf be co�sidered to be a
waiver of the hearing to which the ficensee is entitled, and wiil be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 7/3 1 8?hilite=310 O5; 2/12/2009
STATE OF MINNESOT
O�-�y
� ss. AFFIDAVIT OF SF.�.JICE BY U.S. MAIL
COUNTX OF Rt1MSEY )
Julie Kraus, being first duly sworn, deposes and says that on the 20�' day of Februuy, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Mazk A. Peck
Peck Construction, Inc.
13900 Sunfish Lake Boulevazd
Ramsey, MN 55303
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� �
Juh Kraus
Subscribed and swom to before me
this 20`� day of Februazy, 2009
-� t�l�-!�.,�
� N tazy Public
R17A M. BOSSARD
lpTARY PUBLIC - M INNESOTA
MY COMMISS ION
EXPIRES JAN. 31, 2 0 1 0