09-398Council File # (��' �y�
Green 5heet # �,$�
RESOLUTION
4�IT PAUL, MINNESOTA f3
Presented by
1 WHEREA5, adverse action was taken against the Sidewalk Contractor Iicense held by Scott
2 Wohlwend, Inc., d16la Scott Wohlwend, Inc. (License ID#20020001289) for the City of Saint Paul by
3 Notice of Intent to Suspend License dated Mazch 13, 2009, alleging licensee failed to submit the following:
4 1) current certificates of Automotive Public and Non-Automotive Public Liability insurance; 2) a
5$5,000.00 Sidewalk Bond and 3) pay delinquent license and late fees in the amount of $257.00; and
6
7 WHEREAS, the licensee did not respond to the Notice of Intent fo Suspend License to submit the
8 required insurance, a$5,000.00 Sidewalk bond and pay the delinquent license and iate fees; and
9
10 WHEREAS, the Notice of Intent to Suspend License stated that if the ]icensee failed to submit the
ll required insurance, a$5,000.00 Sidewalk bond and pay the delinquent license by 1Vlarch 23, 2009, that the
12 matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the that the Sidewalk Contractar license held by Scott Wohlwend, Inc. d/b/a
15 Scott Wohlwend, Inc. is hereby suspended for failure to pay delinquent license and late fees of $257.00.
16 The licensee is also ordered to pay a matrix penalty of $500.00 for failure to submit required insurance
17 information and a$5,000.00 Sidewalk Bond. Payment of such penalty shall be made within thirty days of
18 the date of the adoption of this resolution.
� Yeas � Nays � Absent � Requested by Depar[ment of:
Bostrom ,� �
Harris
�
/� � ��-1
BY L/lis.i,o�Y c _o ��� �--�
1 nune ,i Form oved by City Attorney
i B
Adopted by Council; Date `�� S�l�`1
Adoption Certified by Council Secretary Form A p ov d b or Su 's� to 6 ncil
BY ' By:
Approve � y M yor. ate � LZ 9
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
p�l �� 9�
)eparimenHOfficetCouncil: � Date Initiated:
S � _Dept.ofSafety&Inspections � 01-APR-09 i Green Sheet NO: 3069159
ConWCt person & Phone:
Rachel Tiemev
2668710
� Must Be on Council Agenda
� 1
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: �ulie Kraus
Contact Phone: 266-8776
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Assign
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Approval of the attacLed resolution to take adverse action against the Sidewalk Contractor license held by Scott Wohlwend, Inc, d/b/a
Scott Wohlwend, Inc. (License ID#20020001289) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personai Service ConVacts Must Answer the Follow7ng Questions:
1. Has this personffirm 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 person/firm possess a skilf not normally possessed by any
current city employee?
Yes No
Fxplain all yes answers on separate sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed [o pay the delinquent license and late fees of $257.00, submit current certificates of insurance and a$5,000.00
Sidewalk Bond. After notification, licensee did not respond to the Notice of Intent to Suspend License.
Advantages ifi Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(EXplain)
April 2, 2009 10:52 AM
CostlRevenue Budgeted:
Activity Number:
Page 1
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G q-�r�
OFFICE OF THE CITY ATTORNEY
John J. Choi, C�tyAROmey
serNr
P"°� CITY OF SAINT PAUL
� Civil Divislon
ChristopherB. Coleman, Mayor 400 Ci1y Hall Telephone. 651 266-8710
75 West Kellogg Blvtl Facsmile � 651 298-5619
*AA* Saint Paul, Minnesofa 55702
March 13, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Scott D. Wohlwend
7 Oakhil] Court
White Bear Lake, MN 55110
RE: Sidewalk Contractor license held by Scott Wohlwend, Inc. d/b/a Scott Wohlwend, Inc. for the
City of Saint Paul
License ID #20020001289
Deaz Mr. Wohlwend:
The Depaztment of Safety and Inspections (DST) has recommended suspension of the
Sidewalk Contractor license held by Scott Wohlwend, Inc. d/b/a Scott Wohlwend, Inc. for the City
of Saint Paul. The basis for the recommendation is as follows:
On February 3, 2009, you were sent a letter from DSI stating your Sidewalk
Contractor license had expired on November 1, 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 Public and Non-Automotive Public
Liability insurance naming the City of Saint Paul as an additional insured and a
$5,000.00 Sidewalk Bond.
You were given until February 24, 2009, to pay the delinquent license and late
fees and submit the required insurance and $5,000.00 Sidewalk Bond. As of
today's date, neither the payment nor the required information has been
received.
In addition to the suspension of your licenses for non-payment of delinquent iicense 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 insurance and $5,000.00 Sidewalk Bond to maintain your license.
Affirmative Action Eaual ODDOrtunitv Emnlover
l�J-���
Scott B. Wohlwend
March 13, 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 �5,000.00 Sidewalk Bond. 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 23,
2009. Payment should be directed to the attention 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 $5,000.00 Sidewalk
Bond will be considered to be a waiver of the hearing to which you aze entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public hearing before
[he Saint Paul City Council, you will need to send me a letter with a statement admitting the
facts and requesting a public hearing. I will need to receive your letter by Monday, March
23, 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 Counci] 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 (DSI), at 375 Jackson
Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 23, 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
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 ogtions, please feel free to contact me at 266-8710.
5incerely,
2ct�;,x.� � �.�.�
Rachel Tierney
Assistant City Attorney
ca Christine Rozek, Deputy Director of DSI
Chapter 310. Uniform License Procedures
Page 1 of 3
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(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 Iicense
suspensions and the propriety of revocations, and shail appiy to all license types, except that in
the case of a violation involving a liquor license § 40928 shali 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 compeliing 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:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 QQ0.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions ot $500.00 fine $1,000.00 $2�000.00 fine Revocation
the legislative code relating fine 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
to the licensed activity, and 10-day Revocation
other than violations of the fine
suspension
food code
(3) Failure to permit 5-day 1�-day 15-day Revocation
entrance or inspection by suspension suspension
LIEP inspector or police suspension
(4} Commission of a crime
other than a felony on the $�00.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
empioyee
(5) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee 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) Criticai violations under $1,000.00, 5- Revocation
331 A $250.00 $500.00 day
suspension
(9) Non-critical violation $�50.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
A. Notwithstanding the provisions of section 310.�5(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
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Chapter 310. Uniform License Procedures
Page 2 of 3
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riotice ot violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine wifl be considered to be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appearance"
fior 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 equai to or less than the fine amount outlined in the
above matrix. Payment 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. 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.
(ii) Multipie violations. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alleged and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice of hearing. The council in that case shall consider
the presumptive penalty for each such violation under the "ist Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing, Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative Iaw judge (or before the council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shall in that case be treated as though part of the "1st
Appearance." In all other cases, violations occurring after the date of the formal notice of
hearing shall be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shafl apply to a second, third ar
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penaity for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Gouncil in relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twelve (12) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above, the current appearance shall be treated as a second appearance for the
purpose of determining the presumptive penalty.
(2) tf a ficensee has appeared before the council on two (2) previous occasions
for violations listed in paragraph (m), and if said licensee again appears before
the council for a violation listed in paragraph (m), and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the
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Chapter 310. Uniform License Procedures
Page 3 of 3
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first appearance before the council, then the current appearance shall be treated
as a third appearance for the purpose of determining presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m), and if said licensee again
appears before the council for a violation contained i� paragraph (m), and if the
current violation occurred within twenty-four (24) cafendar months of the violation
that gave rise to the first appearance, then the current appearance shall be
treated as a fourth appearance for the purpose of determining the presumptive
penalty.
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have eiapsed shall be the date of the violation last in time at the first
appearance, and the date of the violation first in time at any subsequent
appearance.
(5) Notwithstanding su6sections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment that is related to a violation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-8g8, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07)
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STATE OF MINNESOT a) b�f —�
) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the � day of March,
she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
conect copy thereof in an envelope addressed as follows:
Scott D. Wohlwend
7 Oakhill Court
White Beaz Lake, MN 55110
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�'
L'� �
Julie aus
Subscribed and sworn to before me
this � �'�day of March, 2009
� ����-� ���/ -.��a��c��
No ary P� ublic —
RITA M. BOSSARD
NOTARY PI�LIC - MINPESOTA
MV COMNpSSION
EXPIRES JAN. 31, 20 1 0