09-692Councit File # �
Green Sheet #-=��
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Presented by
MINNESOTA
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WHEREAS, adverse action was taken against the City Contractor — General Instailation license
held by Southview Design & Construction, Ina, (License ID#OOTR203099) for the City of Saint Paul by
Notice of Intent to Suspend License dated May 18, 2009, alleging licensee failed to pay delinquent license
and late fees in the amount of $257.00, submit a current certificate of General Liability insurance and a
$2,500.00 License Permit and Performance Bond; and
WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay
delinquent license and late fees, submit the requested insurance information and $2,500.00 bond; and
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay
delinquent license and late fees, submit the required insurance information and $2,500.00 bond by May 28,
2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now,
therefore, be it
RESOLVED, that the City Contractor — General Installation license held by Southview Design &
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 current insurance and a
$2,500.00 bond. Payment of such penalty shall be made within thirty days of the date of the adoption of
this resolution.
CITY
RESOLUTION
Bostrom
Carter
Harrvs
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Reqnested by Department of:
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Adopted by CounciL Date �
AdopUOn Certified by Counc Secretary
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Appro e y ay r Date ��(�
By:
Form oved by City Attomey
By: A� C�F�.��-�-1' �C�1�1-�_
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Form A rov y Ma for S on to uncil
By:
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S � _Dept.ofSafety&Inspections I �g�UN-09
Contact Person & Phone:
Rachel Tiemey
266-8710
Must Be on Cou
01-JUL-09
Doc. Type: RESOLUTfON
ly
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Assign
by (Date) i Number
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Routing
I Order
E-DOCUment Required: Y
Document Contact: Julie Kraus
ContaM Phone: 26G8776
Green Sheet NO: 3071769
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7oWi # o f Signatu P ages _( Cl i p All Locati for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the City Contractor - General Installation license held by
Southview Design & Construction, Inc. (License ID#OOTR203099) for the City of Saint Paul.
Recommendafions: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Gommission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/irtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all 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 late fees of �257.OQ submit current certificate of General LiabiliTy in5urance and a
$2,500.00 License Permit and Performance Bond After notification, licensee did not respond to Norice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalty.
DisadvanWges IfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
June 18, 20091:56 PM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Chai, CiryAttamey
o�i - t��12�
SAINS
PAUL CITY OF SAWT PAUL CivilDivision
� Chnstopher B. Coleman, Mayor 400 City Hall Telephone: 651266-8770
75 WestKellogg Blvd. Facs�mile: 651 298-56 7 9
IIAAA Saint Paui, Minnesota 55102
May 18, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Ronald Iverson
Southview Design & Constnxction, Inc.
1875 — 50`� Street East
Inver Grove Heights, MN 55077
RE: City Contractor — General Installation license held by Southview Design & Construction, Inc.
d/b/a Southview Design & Construction, Inc. for the City of Saint Paul
License ID #OOTR203099
Dear Mr. Iverson:
The Department of Safety and Inspections (DSn has recommended suspension of the City
Contractor — General Installation license held by Southview Design & Construction, Inc. d/b/a
Southview Design & Construction, Inc. for the City of Saint Paul. The basis for the recommendation is
as follows:
On April 3, 2009, you were sent a letter and RENEWAL INVOICE from DSI
stating your City Contractor — General Installation license had expired as of
January 1, 2009. As of today's date you owe $257.00 in delinquent license and
late fees. You were also asked to submit a current certificate of General
Liability insurance with a 30-day notice of cancellation and naming the City of
Saint Paul as an additional insured and a$2,500.00 License, Permit and
Performance Bond.
You were given until Apri124, 2009, 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 have
been received.
In addition to the suspension of your license for non-payment of delinquent license and late fees, per
Saint Paul L.egislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix
penalty for failure to submit required insurance and $2,500.00 License, Permit and Performance Bond
in order to maintain your license.
Affirmative Action Eaual C�nnortunitv F.mninver
Southview Design & Construction, Inc.
May 18, 2009
Page 2
At this time, you have three options on how to proceed:
o �-�y�-
You can pay the $500.00 matrix penalty, license and late fees of $257.00 and submit the
requested insurance and bond information. If this is your choice, you should send the
payments and information directiy to the Department of Safety and Inspections at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, May 28,
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 bond information will
be considered to be a waiver of the hearing to which you are entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public heazing before
the Saint Paul City Council, you will need to send me a letter with a statement admitting the
facts and requesting a pubiic hearing. I will need to receive your letter by Thursday, May 28,
2009. The matter will then be scheduled before the City Counci] for a public hearing 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.
3. If you no longer wish to do business in the City of Saint Paul, you wi11 need to send a written
statement to that effect to the Department of Safety and Inspections (DSn, at 375 Jackson
Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, May 28, 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 City Council Consent Agenda for approval of the recommended
penalty.
If you have questions about these options, please fee] free to contact me at 266-8710.
Sincerely,
� ��
Rachel Tiemey
Assistant City Attorney
ca Christine Rozek, Deputy Director of DSI
Affirmative Action Equal Ovportunitv EmDlover
STATE OF MINNESOTP'
, ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SE. ICE BY U.S. MAIL
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Julie Kraus, being first duly swom, deposes and says that on the �0 �_' day of May, she
served the attached NOT'ICE OF IN'I'ENT TO SUSPEND LICENSE placing a true and
correct copy thereof in an envelope addressed as follows:
Ronald Iverson
Southview Design & Consiruction, Inc.
1875 — 50�' Sueet East
Inver Grove Heights, MN 55077
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�
Juli aus
Subscribed and sworn to before me
this /�'�.day of May, 2009
��-�� �- ���e,, �
Not ry Public � ` �—
RITA M. BOSSARD
t�DTARY PUBLIC - MI�PESOTA
MY COMMISSION
�� EXPIRE5 JAN.31, 201 D
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Chapter 310. Uniform Licenc `rocedures
Page I of 2
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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 license
suspensions and the propriety of revocations, and shall apply to alI license types, except that in
the case of a viofation involving a liquor license § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed tor a violation of chapter 331A, the licensee shall be
give� a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideiine referred to in chapter 331A. 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:
Type of Violation
Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $Z,000.00 fine Revocation
placed on the Iicense fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a feiony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.0� Revocation n/a n/a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under331A $150.00 $250.00 $500.00 $1,000.00
(i) Fines payable without hearing .
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Chapter 310. Uniform Licens �'rocedures
Page 2 of 2
D�'��fi�
A. Notwithstanding the provisions of section 310.05(c), a iicensee 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
notice of 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 will be considered to be a waiver of the
hearing to which the ticensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.