09-992Council File # � —gq�
Green Sheet #
RESOLUTION
AI�T P-/�11� MINNESO�'�k - ��
Presented
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WHEREAS, adverse action was taken against the Sidewalk Contractor license held by Aduddell
Restotatian & Waterproofing d/b/a Aduddeli Restoration & Waterproofing (License ID#20070004354)
for the premises located at 69 Empire Drive in Saint Paul by Notice of Intent to Suspend License dated
August 3, 2009, alleging licensee failed to submit a current certificate of General and Auto Liability
insurance for the coverage period of January 1, 2009 through January 1, 2010, naming the City of Saint
Paul as additional insured; and
8 WHEREAS, the licensee did not respond to the Notice of InCent to Suspend License to submit the
9 required insurance information; and
10
11
12
13
14
15
16
17
18
19
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the
required insurance by August 13, 2009, that the matter wouid be placed on the consent agenda to impose
the recommended penalty; now, therefore, be it
RESOLVED, that the Sidewalk Contractor license held by Aduddell Restoration & Waterproofing
d/b/a Aduddell Restoration & Waterproofing is hereby suspended and licensee is ordered to pay a matrix
penalty of $500.00 for failure to submit current insurance in order to maintain the license. Payment of
such penalty shall be made within thirty days of the date of the adoption of this resolution.
Bosffom
Carter
Stazk
Thune
Adopted by Council: Date
AdopGon Certified by Counci ecretary
By: �
Appr e y r: Date L3
By: u
Request by Department of:
S—�Sa�P�
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By: t . �=� � rCll�
Form�r� ved by City Atrorney
By: �C � � �..���
Form Ap ed by ayor f• Su���n t Council
By:
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� Green Sheet Green Sheet
SI
& Inspections
Green Sheet Green Sheet Green Sheet Green Sheet �
�e-�: , �I'�i�a-
ConWCt Person & Phone: I �
Rachel Tiemev
266-8710 '
� Assign
Must Be on Counc t Agenda by ate}: � Number
16SEP-09 � For
Routing
Doc. Type: RESOLUTION Order
E-Document Required: Y
Document Contact: Julie Kraus
Conpct Phone: 266-8776
ToWI # oF Signature Pages _(Ctip All Locatio� for Signaiure)
Resolution to take adverse action against the Sidewalk Contractor license held by Aduddell Restoration & Waterproofing d/b/a
Aduddell Restoration and Waterproofing (I,icense ID#200700043i4) for the premises located at 69 Empue Drive in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts M�st Mswer the Following Questions:
1. Has this persoNfirm ever worked under a contrect for this department?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3. Does tfiis persoNfirm possess a skill not normalfy possessed by any
curtent ciry employee?
Yes No
Exp�ain al! yes answers on separate sheet and attach to green sheM.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit current General and Auto Liabiliry insurance for the coverage period of January 1, 2004 through 7anuary l,
2010. After norification, licensee did not respond to the Norice of Tntent to Suspend License.
AdvaMages If Approved:
License suspension and imposition of $500.00 mahix penalTy.
Disadvantages If Approved:
DisadvanWge5lf NoY A,pproved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
September 4, 2009 1136 AM Page 1
SAINS
PAUL
�
AAAA
CITY OF SAINT PAUL
Chnstopher8. Coleman, Mayor
August 3, 2009
OFFICE OF THE CTTY ATTORNEy
John J. Qho; CilyABomey--- --- — - ---- � - - -
- oy-�9a-
Civil Division
400CityHa�) Telephone:657266-87f0
75 West Keflogg Bfvd. Facsim�le: 651 298-5619
Sai�t Pau[, Minnesota 55702
NOTICE OF INTENT TO SUSPEND LICENSE
OwnerlManager
Aduddell Restoration & Waterproofing
69 Empire Drive
St. Paul, MN 55103
RE: Sidewallc Contractor license held by Aduddell Restoration & Waterproofing dJbfa Aduddel]
Restorauon & Waterproofing for the premises located at 69 Empire Drive in Saint Pau]
License ID #20070004354
Dear Sir/Madam:
The Department of Safety and Inspections (DSn has tecommended suspension of the Sidewalk Contractor
license held by Aduddell Restoration & Waterproofing d!b!a Aduddel] Restora6on & Waterproofing for the
premises located at 69 Empire Drive in Saint Paul. The basis for the recommendation is as follows:
On June 17, 2009, you were sent a letter from the Department of Safety
and Inspections (DSI), stating that your Sidewalk Contractor license
renewal was being placed on hold until you submitted a current
certi�cate of General and Auto Liability for the coverage period of
January 1, 2Q09 through January 1, 2010, naming the City of 5aint
Paul as additional insured.
You were given until July 1, 2009, to provide the required insurance
information. As of today's date, that has not been received.
In addirion to the suspension of your Sidewallc Contractor license, per Saint Paul L.egisla6ve Code §310.05 (m)
(2), the licensing o�ce will also recommend a$500.00 matrix penalty for failure to submit the required insurance
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 the required insurance information. If this is your
choice, you should send the payment and insurance informafion directly to the Depar[ment of Safety and
Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday,
August 13, 2QQ9. Information 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 insurance infotmarion will be considered to be a waiver of the hearing to which you are entitled.
Affirmadve AcUOn Equal Opvortunitv Emnlover
Aduddell Restoration & Waterproonng
August 3, 2009
Page 2
Oq-�f 1 �-
2. 7f you wish to admit the facts but contest the penalty, you may have a public hearing 6efore the Saint
Paul City Council, you will need to send me a letter with a statement admitting the facts and
requesting a public hearing. We will need to rueive your ]etter by Thursday, August 13, 2009. The
matter will then be scheduled before the Ciry Council for a public hearing to detezmine whether to
suspend your license and impose the $500.00 matrix penalty. You will have an opportunity ro appear
before the Council and make a sta[ement 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 Sueet, Ste. 22Q St. Paul,
Minnesota SS101-18061ater than Thursday, August 13, 2009. Information should be directed to the
attention of Christine Rozek.
If you have not contaMed me by that date, I wili assume that you do not contest the
suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter
will be placed on the City Councii 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,
�C�.��.�..�.., ! ���Q_,U, ��-1! >
Rachel Tiemey o
Assistant City Attomey
cc: Christine Roaek, Deputy Director of DSI
Aduddell Restoration & Waterproofing, c/o P.O. Box 89055�, Oklahoma City, OK 73189-0550
Affimiative Action Equal Ovportunitv Emolover
STATE OF MINNESOT ' `
J SS.
COUNTX QF RAMSEY )
G����-a--
Julie Kraus, being first duly swom, deposes and says that on the 3` � day of August,
she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manager
Adcddell Restoration & Watezproofing
69 Empire Drive
St. Paul, MN 55103
Aduddell Restoration & Waterproofing
c/o P.O. Box 890550
Oklahoma City, OK 73189-0550
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
a �
Ju Kraus
Subscrib d and sworn to before me
thiS�_day of August, 2009
�� �. /���
Notary Public
AFFIDAVIT OF SExVICE BY U.S. MAIL
RITA M. BOSSARD
NJTARY PI�LIC- MINNESOU
MY COMMISSION
EXPIRES JAN. 31, 2 0 1 0
Chapter 3] 0. Uniform Licen 'rocedures Page 1 of 3
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(m) Presumptiv_e penaLties for-sertair� viofations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of ficense
suspensions and the propriety of revocations, and shall apply to ail license types, except that in
the case of a violation involving a liquor license § 4�9.26 shall apply where a specific violation is
listed. In the case of an adverse action fifed for a violation of chapter 331A, the licensee shall be
given a fine for each individuai violation ofi § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outfined below due to multiple violations in one {1) appearance.
All penalty recommendations for chapter 331A violations shalf 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 deviatirg 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,OOO.QO $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 ficensed activity fine sus ension
P
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $50Q.00 fine $1,000.0� 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 nJa 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-
� � $250.00 $500.00 day Revocation
331 A suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable wifhout hearing .
Chapter 310. Uniform Licen °rocedures �, � Page 2 of 3
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A. Nolwithstanding the-prov'+s+ons of section 310:65(c), a licensee who would be
= making a first or second appearance before the councii may elect to pay the fine
to the Department of Safiety and inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circ�mstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine wii( be considered to be a waiver of the
hearing to which the ficensee is entitled, and wifl be considered a� "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 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 councii hearing is required ii the Department of Safety
and inspections recommends a fine that is an upward departure for the amount
out{ined above.
(ii) Mu�tiple 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 andfor
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 sha{I consider
the presumptive penaity 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) Vio/ations 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 law judge (or before the counci) 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 deaft with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequenf appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council 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 Council in refation to any violation other than another violation
of Chapter 331 A.
(v) Computation of time.
(1) If a licensee appears before the councii for any violation in paragraph (m)
where that vio�ation has occurred within twelve (12) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above or section 409.26, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) if a licensee has appeared before the councii on two (2) previous occasions
Chapter 310. Uniform Licerr 'rocedures
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for violations Iisted in paragraph (m) o[ section 409.2fi, afld ff saicYiicensee again
_ appears before the council for a violation Iisted in paragraph (m), and if the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the 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 2he 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 (mJ, and if the current violation occurred with+n twenty-four (24)
calendar months of the violation that gave rise to the first appearance, then the
current appearance shafi 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 muftiple 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) Nohvithstanding subsections (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 faw 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. 94-898, §§ 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; C.F. No. �8-1208, § 1, 12-17-08)