09-792Council �le # 09-792
Green Sheet #� p��� g' �
RESOLUTION
OF
Presented by
PAUL, MINNESOTA
a�
1 WHEREAS, adverse action was taken against the Sidewalk Contractor license held by Advance
2 Wall Systems, Inc. d/bJa Advance Wall Systems, Inc. (License ID#20060003807) for the City of Saint
3 Paul by Notice of Intent to Suspend License dated June 17, 2009, alleging licensee canceled the his
4 Sidewalk/Bituminous bond in the amount of $5,000.00 effective December 14, 2008 and failed submit a
5 current bond for the period of December 14, 2008 through September 15, 2009 with no lapse in coverage;
6 and
7
8 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (2), the licensing office recommended a
9 $500.00 matrix penalty; and
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WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
$500.00 matrix penalty and submit a current Sidewalk/Bituminous bond in the amount of $5,000.00,
request a hearing or notify DSI that they no longer wish to do business in St. Paul; and
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
$500.00 matrix penalty and submit a current Sidewalk/Bituminous bond in the amount of $5,000.00,
request a hearing or notify DSI they no longer wish to do business in St. Paul by June 29, 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 Advance Wa11 Systems, Inc. d/b/a
Advance Wa11 Systems, Inc., is hereby suspended and the licensee is ordered to pay a matrix penalty of
$500.00 for failure to submit a current Sidewalk/Bituminous bond in the amount of $5,000.00. Payment of
such penalty sha11 be made within thirty days of the date of the adoption of this resolution.
Bostrom
Carter
Stark
Thune
Adopted by Council: Date �� 2
Adoption Certified by Counc �-5ecretary
BY� -----L LYL���ii.C��d2
Approved by Mayor: Date ��� �
BY� .�An� XRn3�/Tw_.,o
Yeas
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Form A roved by City Attorney
BY� Y.�/iU�� � �.F�l. ���
Form Approv May r or S �ssion Coun �1
By:
09-792
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
)eparhnentl�ce/Council: Date Initiated: q p
S� _Dept.ofSafety&fnspecfions 09-JUL-09 Green Sheet NO J�722p7
Contact Person 8 Phone:
Rachel Tiemev
266-8710
Must Be on Council Agenda by (Dy
22-JUL-09 CC)Irl S 4 fy�
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
ConWd Phone: 26E8776
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Assign i 2
Number
Por 3
Routing I 4
Order 5
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Total # of Signa Pages _ (Clip At! La cations for Sign ature)
AMion Requested:
Approval of the attached resolution to take adverse action against the Sidewalk Contractor license held by Advance Wall Systems,
Inc, d/b/a Advance Sall Systems, Inc. (License ID#20060003807) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has lhis person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Eupiain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit a current Sidewalk/Bifiminous bond in the amount of $5,000.00 for the wverage period of December 14,
2008 through September 15, 2009. After notification, licensee did not respond to the Norice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalty.
Disadvantages If Approved:
DisadvanWges If NotApproved:
Total Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
�
CostlRevenue Budgeted:
Activity Number.
July 9, 2009 3:14 PM Page 1
09-792
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttomey
SAINS
PAOL CITY OF SAINT PAUL CivilDrvision
� Chnstopher 8. Coleman, Mayor 400 City Hall Telephone: 657 266-87f0
75 Wesf Kellogg Blvd. Facsimrle: 651298-5619
AAAII Saint Paul, Minnesota 55102
June 17, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Allan Mobley, CEO
Advance Wall Systems, Inc.
1 6 9 27-2 3 1 51 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
Deaz Mr. Mobley:
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 April 30, 2009, you were sent a letter from DSI stating that they received a NOTICE
OF CANCELLATION from the Merchant's Bond Company. The notice stated that
your SidewalkBituminous bond had been cancelled effective December 14, 2008. In
order to remove the hold on your license you were then asked to submit a current
Sidewalk/Bituminous bond in the amount of $5,000.00 for the period of December 14,
2008 through September 15, 2009 with no lapse in coverage.
You were given until May 14, 2009 to submit the required bond information. As of
today's date, that information has not been received.
In addition to the suspension of your license, per Saint Paul Legisladve Code §310.05 (m) (2), the
licensing office will also recommend a$500.00 matrix penalty for failure to submit required bond information in
order to maintain your license.
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty and submit a current Sidewalk/Bituminous bond in the
amount of $5,000.00. If this is your choice, you should send the payment and information directly to
the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, S[. Paul, Minnesota 55101-
1806 no later than Monday, June 29, 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 and submission of the required bond information will be considered to be a waiver of the
hearing to which you are entitled.
09-792
Advance Wall Systems, Inc.
June 17, 2009
Page 2
2. If you wish to admit the facu 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 admitling the facts and requesting
a public hearing. I will need to receive your letter by Monday, June 29, 2009. The matter will then be
scheduled before the City Council for a public hearing m determine whether to impose the license
suspension and $500.00 matrix penalty. 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 will 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 Monday, June 29, 2009. Information should be directed to
the attention of Chrisrine Rozek.
If you have not contacted me by that date, I wiil assume that you do not contest the imposition
of the license suspension and $500.00 matrix penalty. In that case, the matter wilt be placed on the City
Council 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,
��,�ti�, ( ��,e.y-�
Rachel Tierney
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Allan Mobley, 2614 Cardinal Way, Buffalo, MN 55313
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOT!'
09-792
, ss. AFFIDAVIT OF SE�_ , ICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the � Q� day of June, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE placing a true and
correct copy thereof in an envelope addressed as follows:
Allan Mobley, CEO
Advance Wall Systems, Inc.
16927-231 S` Avenue NVJ
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 mai] at St. Paul, Minnesota.
� �i�
�.i _ � � .ti... � .
�,
Subscribed and sworn to before me
this � �` day of June, 2009
� ��. / �/ L �j�?�
No�blic
RITA M. BOSSARD
NOTARY PUBLIC • MINl�SOTA
MY COMM4SStON
EXPIRES JAN 31 2 C 1 0
�hapter 310. Uniform License Procedures
09-7 �a ge 1 of 3
(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 appiy to ail license types, except that in
the case of a violation involving a liquor license § 40926 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individuai 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
guideline 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 Viofation
Appearance
ist 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocation
placed on the license 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 activi fine
tY 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 felony on the $700.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(7) Death or great bodify 30-day 60-day
harm in estabiishment suspension suspension Revocation n/a
related to viofation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331 A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331 A
(i) Fines payable without hearing .
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Chapter 310. Uniform LicensP Procedures
09-�ge 2 of 3
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
__ making a first or second appearance before the council may e(ect to pay the fine
to the Department of Safety and Inspections without a councii hearing, unless the
notice of vioiation has indicated that a hearing is required because of
circumsfances 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 licensee is entitled, and wili 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 councii 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 wili 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) Multiple violations. At a licensee's first appearance before the city council, the
councii shall consider and act upon ail the violations that have been alfeged 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 shail consider
the presumptive penalty for each such violation under the "1st 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 fhe 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 law 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 shall apply to a second, third or
tourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the councii shall impose the presumptive penalty 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 Councii in relation to any violation other than another violation
of Chapter 33iA.
(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 (i2) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above or section 40926, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penaiTy.
(2) If a licensee has appeared before the council on two (2) previous occasions
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Chapter 310. Uniform LicensP Procedures
09-7 ge 3 of 3
for viofations listed in paragraph {m) or section 409.26, and if said licensee again
appears before the council for a violation listed in paragraph (m), and if the
current violatian occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shal� 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) or section 409.26, and if
said licensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred within twenty-four (24)
calendar months ot 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 tirst 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 elapsed 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 subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed estabiishment that is related to a violation of the law or license
conditions shali 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. 94-898, §§ 2, 3, 7-73-
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-p7; C.F. No. 08-1208, § 1, 12-17-08}
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