09-993Council File # Q
Green Sheet # p �
RESOLUT{ON
OF S�JNT PA_UL, MINNESL3'�A- -
Presented by
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1 WI�REAS, adverse action was taken against the Sidewalk Contractor license held by Concrete
2 Idea, Inc. dlbla Concrete Idea, Inc. (License ID#2fl050001309} for the City of Saint Paul by NotSce of
3 Intent to Suspend License dated August 3, 2009, alleging licensee failed to submit a current certificate of
4 General and Auto Liability insurance for the coverage peziod of Mazch 2, 2009 through March 2, 2010,
5 naming the City of Saint Paul as additional insured; and
6
7 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the
8 required insurance information; and
9
10 WHEREAS, the NoCice of Intent to Suspend License stated that if ti�e licensee fai]ed to submit the
11 required insurance by August 13, 2009, that the matter would be placed on the consent agenda to impose
12 the recommended penalty; now, therefore, be it
13
14 RE50LVED, that the 5idewalk Contractor license held by Concrete Idea, Inc. d/b/a Concrete Idea,
15 Inc is hereby suspended and licensee is ordered to pay a matrix penalty of $500.00 for failure to submit
16 cunent insurance in order to maintain the license. Payment of such penalty shall be made within thiriy
17 days of the date of the adoption of this resolution.
18
Bostrom
carter
Adopted by Council:
Reqnestgd by Departrnent of:
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BY� �� Y-J' �
� For oved by City Attorney
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Date �//(��G�
Adopdon Certified by Council Secretary Form Ap ved by yor for Sub ission Council
By: j � g �
Appro ed or.•`� te
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By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�epartrneM(OfficelCouncil: � DatelniGated: _ _ _ � ���
S� _ Dept. of Safety & lnspections � pq.SEP
Contap Person & Phone:
Rachel TiemeV
266-8710
Must Be on Council Agenda
16-SEP-09 ((',,,,,n�
Doc. Type; RESOLUTION
E-Document Required: Y
Document Contact: Julie Waus
Contact Phone: 26Cr8776
� 0
7
ASSign I 2
Number 3
Fof
Routing 4
Order I g
Total # of Signature Pages _(Clip All Locations for Signature)
Resoludon to take adverse ac6on against the Sidewaik Contractor ]icense held by Concrete Idea, Inc. d{b1a Concrete Idea, Inc.
(License ID#20050001309) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planniig Commission
CIB Committee
Civil Service Commission
Personal Serviee Contrects Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and atfach to green sheet.
�
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit current General and Auto Liability insurance for the coverage period of March 2, 2009 through Mazch 2,
2010. After notification, licensee did not eespond to the Norice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposirion of $500.00 mahix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
ToWI Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
September 4, 2009 11:39 AM
CosURevenue Sudgeted:
Activity Number.
Page 1
OFFICE OF T'E� CITY ATTORNEY
John d Choi, CityAttamey__ - -- --- -- -- -
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SAfNT
PAUL
�
AAAA
CITY OF SAINT PAUL
ChrisfopherB. Co/eman, Mayor
Civil Division
400 City HaII
15 West Kellogg Blvd.
Sainf Paul, Minnesota 55102
Telephane: 651266-B770
Fa csimJe: 651298-5619
August 3, 2009
NOTICE OF IIVTENT TO SUSPEND LICENSE
Owner/Manger
Concrete Idea, Tnc.
13961-44`" Lane NE
St. Michael, MN 55376
RE: Sidewalk Contractor license held by Concrete Idea, Inc. d/b/a Concrete Idea, Inc., for the City of Saint Paul
License ID #20050001309
Deaz Sir/Madam:
The Department of Safety and Inspecdons (DSI) has recommended suspension of the Sidewalk Contractor
license held by Concrete Tdea, Inc. d/b/a Concrete Idea, Inc., for the City of 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
placed on hold until you submitted current certificates of General and Auto
Liability insurance for the coverage period of March 2, 2009 through March 2,
2010 and naming the City of Saint Paul as additional insured.
You were given until July 1, 2009, to submit the insurance certi�cates. As of
today's date, that has not been received.
In addition to the suspension of your Sidewalk Contractorlicense, per Saint Paul Legislative Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 matdx penalty for failure to submi[ the insurance certificates
required 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 current General and Auto Lia6ility insurance
certificates. If this is your choice, you should send the payment and insurance informauon dire�t]y to the
Department of Safety and Inspections, at 375 Jackson Street, S[e. 22Q, St. Paul, Minnesota 55101-1806 nc
later than Thursday, August 13, 2009. Information should be directed to the attenuon of Christine
Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix
penalty and submission of current insurance certificates will be considered to be a waiver of the hearing to
which you aze en6tled.
Affirmauve Action Equal Opportunitv Emplover
Concrete Idea, Inc.
August 3, 2�09
Page Z
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2. If you wish to admit the facts but contest the penalry, you may have a public hearing before the Saint
Paul City Council, you will need to send me a letter with a statement admitting the facts and
requesring a public hearing. We will need to receive your letter by Thursday, August 13, 2009. The
matter will then be scheduled before the City Council for a public hearing to deternune whether to
suspend your Iicense and impose the $500.�� matrix penalty. You will have an opportunity to appeaz
before the Council and make a statement on your own behalf.
3. ff 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 Departrnent of Safety and Inspections, at 375 Jackson Sueet, Ste. 22Q St. Paul,
Minnesota 55101-1806 later than Thursday, August 13, 2009. Information should be directed to the
attention of Chrisrine Ro2ek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter
wiil 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,
�.o._c,�� 1 �R,.�,�,� C� �}
Rachel Tierney
Assistant Ciry Attomey
ca Christine Rozek, Deputy Director of DSI
Trevor Gunderson, 863 Kayla Lane, Hanover, MN 55341
Af5rma6ve Acdon Equal Oonortunitv Emolover
STATE OF MINNESOTF'
, ss.
COUNTY OF RAMSEY }
_ — ls�'����
7ulie Kraus, being first duly sworn, deposes and says that on the �� day of August,
she served the attached NOTICE OF INTENT TO 5USPENll LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manger
Concrete Idea, Inc.
1396I-44�' Lane NE
St. Michael, MN 55376
Trevor Gunderson
863 Kayla Lane
Hanover, MN 55341
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
n
Juli aus
Subscribed and sworn to before me
this .�day of August, 2009
��,� ��
Notary Public
AFFIDAVIT OF SE�_ . ICE BY U.S. MAIL
RiTA M. BOSSARD
NpTARY PUBLIC • MINNFSOTA
MY COMMISSION
,, « �(PIRES.IAtJ 3t : � c; ;.
w'ww-dl
Chapter 310. Uniform Licens °rocedures
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Page 1 of3
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_ {m) Presumpfrve penalties for certain violafions. 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 shal! apply where a specific vio{ation is
listed. in the case of an adverse action fifed for a violation of chapter 331A, the licensee shaA be
given 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 penafty recommendations for chapter 331A viotations 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.
TABLEINSET:
Type af Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2,Q00.0� fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $2,OOQ.OQ fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity � 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 � 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 5-day Revocation
premises by a licensee or $700.00 $1,500.00 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 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 $150.00 $250.Qo $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
Chapter 310. Uniform Licen• °rocedures Page 2 of 3
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_ A. iVotwithstanding fhe provisions of section 310.05(c), a ficensee 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 councii 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 wili be considered to be a waiver of the
hearing to which the ficensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penafties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may 6e
paid without a hearing regardless of how many prior appearances ihat licensee
has made before the Counci(. 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 tha� the fine amount outlined in the
above matrix. Payment of the recommended fine will be cons+dered 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
su6sequent 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 DepaRment of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined 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 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 "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 the notice of hearing. Violations occurring
after the date of the notice of hearing thai 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 Iicensee
admits to the facts, and shali 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 shali 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
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 penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violat+ons 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 relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the councif 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 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 council on two (2) previous occasions
Chapter 310. Uniform Licens 'rocedures ����� Page 3 of3
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for violations listed in paragraph (m) orsection 4Q9:26; anTifsaid 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 vio(ation that
gave rise to the first appearance before the council, then the current appearance
shal{ be treated as e third appearance for the purpose of determining
presumptive penalty.
{3) If a licensee has appeared before the council on three (3) previous
occasions, esch for viofations listed in paragraph (m) or section 409.26, and if
said licensee again appears before the councif for a violation contained in
paragraph (m), and if the current violation occurred within twenty-four (24)
calendar 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), (2j or (3) above shall be
treated as a first appearance. In case of multiple violatio�s i� any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shalV be the date of the violation last in time at the first
appearance, and the date of the viofation 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 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; GF. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; GF. No. 94-1340, § 2, 10-19-94; GF. No. 95-473, § 4, 5-31-95; C.F. No. 05-18Q § 1, 4-6-05; GF.
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. 08-1208, § 1, 12-17-08)