10-247Council File # �/ � �
Green Sheet # " � � / ;
RESOLUTION
CITY
Presented by
PAUL, MINNESOTA
!fi►J
1 WHEREA5, adverse action was taken against the Sidewalk Contractor license held by Infrasource
2 Underground Construction, LLC d/b/a Infrasource Underground Construction, LLC (License ID
3#20050003936) for the City of Saint Paul by Notice of Intent to Suspend License dated February 17, 2010,
4 alleging licensee failed to pay delinquent license and late fees of $267.00 and submit required insurance
5 and bond information; and
WfIEREAS, per Saint Paul I.egislative Code §310.05 (m) (2), the licensing office also
recommended a$500.00 matrix penalty far failure to submit requixed information in order to maintain the
license; and
10
11 WHEREAS, Che licensee did not respond to the Notice of Intent to Suspend License to pay tbe
12 delinquent license and late fees and submit the required insurance and bond information; and
13
14 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
15 delinquent license and late fees and submit the required insurance and bond informaYion by March 1, 2010,
16 that the matter would be placed on the consent agenda to impose tbe recommended penalty; now,
17 therefore, be it
18
19
20
21
22
23
RESOLVED, that the Sidewalk Contractor license held by Infrasource Underground Construction,
LLC d/b/a Infrasource Underground Construction, LLC is hereby suspended and the licensee is ordered to
pay a matrix penalty of $500.00 far failure to pay delinquent license and late fees and submit required
insurance and bond information. Payment of such penalty shall be made within tbirty days of the date of
the adoption of this resolution,
Requested by Department of:
� D.�A:_.l' a . .Q �-N�r�o�L��
�
By: �s'�
�
Focm Appmved b City Atto �
By: ��e,�u�c�-� C aa
Adoprion Certified by
By —�
Approved M yor.�
By:
Form
s
for $iyb�ssion to
Adopted by Council: Date ��/Gf��l'/�J
�
S � _ Dept.
�
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
ce/COUnciL' I Datelnitiated: i "
Safety8lnspections , 26FEBZO,o ; Green Sheet NO: 3100416
Contact Person & Phone:
Virqinia D. Palmer
266-8710
Must Be on Council enda by (Datg):
10-MAR-10 ����c � .� j
�; Doc. Type: RESOLUTION
EAocument Required: Y
Uocument Contact: �ulie Kraus
Contact Phone: 266-8776
i �
Assign
Number
For
Routing
Order
0 Dept. of Safetv & Inspeclions
1 Dept of Satetv & Inspections � Deparfinent Director
2 Ctiri Attomev Ciri Attornev
3 Ma�or's O�ce � _ MayorlASSistant
4 Cou¢cH Citv Council '
5 Ciry Clerk Ciri Clerk
ToWt # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolurion to take adverse action against the Sidewalk Contrador license held by Infrasource Underground
Conslruction, LLC d/b/a Infrasowce Underground Construction, LLC (License ID#20050003936) for the City of Saint Paui.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Pewonal Service Cont[acts Must Answer the Following Queslions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2 Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/5rm possess a sWll not nortnally possessed by any
current city employee?
Yes No
E�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees in the amount of $2b7.00 and submit required insurance and bond information.
After notification, licensae did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages {f Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number;
February 26, 201010:33 AM Page 1
10-247
SA[Ni
PAUL
�
AAAA
CITY OF SAINT PAUL
Chnstopher B. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
Johrr d Choi, CityAttomey
Tefe phone. 651 266-87 7 0
Facsimile: 651 298-56 7 9
February 17, 2010
Civil Division
400 City Hali
15 West Kellogg Blvd.
Saint Paul, Mmnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSE
Dan Seckora
Infrasource Underground Construction, LLC
6812 — 20�' Avenue South
Centerville, MN 55038
RE: Sidewalk Contractor license held by Infrasource Underground Construction, LLC d/b/a Infrasource
Underground Construction, LLC for the City of Saint Paul
License ID #20050003936
Dear Mr. Seckora:
The Department of Safety and Inspections (DSI) has recommended suspension of the Sidewalk Contractor
license held by Infrasource Underground Construction, LLC d/b/a Infrasource Underground Consrtuction, LLC for
the City of Saint Paul. The basis for the recommendation is as follows:
On December 10, 2009, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) sta6ng that your Sidewalk Contractor
license expired as of August 1, 2009. You now owe $267.00 in delinquent Iicense and
late fees. You were also asked to submit current insurance and bond information.
You were given until December 31, 2009, to pay the license and late fees and submit the
requested information. As of today's date neither has been received.
In addition to the suspension of your Sidewalk Contractor license, per Saint Paul Legslative Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit required information in
order to maintain your license.
At this time, you have three options on how to proceed:
You can pay $267.00 in delinquent license and late fees and submit the requested information. 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, St. Paul, Minnesota 55101-1806 no later than Monday,
March 1, 2010. Information should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the delinquent license and late fees and
submission of the requested informarion will be considered to be a waiver of the hearing to which you are
entitled.
Affirmafive Action Equal Opporiunity Employer
10-247
Infrasource Underground ConstrucUon, LLC
Febmary 17, 2010
Page 2
2. If you wish to admit the facts 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 sffitement admitting the facts and
requesting a public hearing. We will need to receive your letter by Monday, March 1, 2010. The
matter will then be scheduled before the City Council for a public hearing to determine whether to
suspend your license and impose [he $500.00 matrix penalty. You will have an opportunity to appear
before the Council and make a statement on your own behalf.
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 Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, March 1, 201�. 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 suspension of
your license and imposition of the $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 quesuons about these options, please feel free to contact me at 266-8710.
Sincerely,
�t���
Virgima D. Palmer
Assistant City Attorney
�� ;
cc: Christine Rozek, Deputy Direc[or of DSI
Dan Seckora, Infrasource Underground ConstrucUon, LLC, 2012A Elliot Avenue So., Aurora MO 65605
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOT ^ `
, ss.
COUNTY OF RAMSEY )
10-247
AFFIDAVIT OF SE_ �"ICE BY U.S. MAIL
Julie Kraus, being first duly swom, deposes and says that on the � 1`�`day of
February, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing
a true and correct copy thereof in an envelope addressed as follows:
Dan Seckora
Infrasource Underground Construction, LLC
6812 — 20` Avenue South
Centerville, MN 55038
Dan Seckora
Infrasource Underground Construction, LL,C
2012A Elliot Avenue South
Aurora, MO 65605
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� �
3ui Kraus
Subscribed and sworn to before me
this �day of February, 2010
�� �- ,���
Not y Public
RITA M. BOS3ARD
l�TAR}' pUBLIC • MINNESpTA
EXPIRES JANS37'�2015
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10-247
Chapter 310. Uniform Licen� �rocedures Page ] of 3
(m) Presumptrve penalties for certain vio/ations. 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 shall apply where a specific violation is
listed. in the case of an adverse action filed for a violation of chapter 331A, the licensee shaii 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 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:
Appearance
Type of Violation 1st 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.�0 fine
the Iegislative 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 $500.00 fine $2,000.00 fine
to the licensed activity, $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 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 faw 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-critica� violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .
Chapter 310. Uniform Licenr �rocedures
10-247
Page 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 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 licensee 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 be
paid without a hearing regardfess 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 equal 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 penallies
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
council shali consider and act upon ail 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 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 aIl 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
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 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 relation to any violation other than another violation
of Chapter 331A.
(v) Compufation 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 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. ilniform Licens 'rocedures
10-247 page 3 of 3
for violations 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 violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shail be treated as a third appeara+�ce 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 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 iwelve (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 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. 94-898, §§ 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. OS-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. 08-1208, § 1, 12-17-08)