10-573Council File # l 0' S� 3
Green Sheet #� � � d`� J f'�
RESOLUTION
CITY�OF S/�NT PAUL, MINNESOTA �3
Presented by
1 WF�EREAS, adverse action was taken against the City Contractor — Exterior Finishing license held
2 by Peter Podulke d/b/a Peter Podulke Masonry (License ID#20080004 1 7 5) for the City of Saint Paul by
3 Notice of Intent to Suspend License dated April 21, 2010, alleging licensee failed to submit the following:
4 1) delinquent license and late fees of $267.00; 2) a cunent certificate of General Liability insurance; 3) a
5$2,500.00 Performance Bond and 3) a completed Certificate of Compliance Minnesota Workers'
6 Compensation Law form; and
7
8 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (2), the licensing office also
9 recommended a$500.00 matrix penalty for failure to submit required information in order to maintain the
10 license; and
11
12 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
13 delinquent license and late fees or submit the requested information; and
14
15 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
16 delinquent license and late fees and submit the requested information by April 30, 2010, that the matter
17 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
18
19 RESOLVED, that the City Contractor — Exterior Finishing ]icense held by Peter Podulke d/b/a
20 Peter Podulke Masonry is suspended for failure to pay delinquent license and late fees.
21
22 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $500.00 for failure to
23 submit required information in order to maintain the license. Payment of such penalty shall be made
24 within thirty days of the dafe of the adoption of this resolution.
Yeas Nays Absent
BoStrom
Carter �/
Harris
Heigen �/
Lantry
Stazk �/
Thune
� O
Adopted by Council: Date ( �a �� Q/ b
Adoption ti ounci Secretary
By:
Appro�ed�b.y � or: Da lL/ c7
BY� ( � /lJ
Requested by Department of:
� �.1 �r ct�.� �Lv�o �•i�
BY �)LAA.a�t.. T/ rc�wY--� _
Form oved by City Attorney
By: 4 �k� Lt.l �
Form Ap � ve y or for b issio to Cou cil
By:
��o� s�'3
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� S ��, 2�MAY2010 ; Green Sheet NO: 3112717
�
, Contact Person & Phone: l �
Rachel Tiemev I '�
266-8710
Assign
; Must Be on Counyi , genda by (qate): I ��umber �
02-JUN-10 ( v\.i �
�'� Routing
I Doa Type: RESOLUTION '� Order �
E-Document Required: Y
DocumentContaet: JulieKraus
ConWct Phone: 266-8776
0
1
2
3
4
5
Total # of Signaturt Pages _(Clip All Lo for Signature)
Action Requested:
Approval of the attached resolution to take adverse action against the City Conh'actor-Exterior Finishing license held by Peter
Podulke d/b/a Peter Podulke Masonry (License ID #20080004175) for the City of Saint Paul.
; Recommendations: Approve (A) or Reject (R).
, Planning Commission
CIB Commitlee
Civil Service Commission
Personal Service Contracts Must Answer the Foilowing Questions:
1. Has this person/firtn ever worketl under a contract for this department?
Yes No
2. Has this pewon/firm ever been a city employee?
Yes No
3. Dces this person/frm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate shee! and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $267.00 and submit required information to maintain license. After
notificarion, licensee did not respond the the Norice of Intent to Suspend License.
AdvanWges If Approved:
License suspension and imposition of $500.00 makix penalry.
Disadvantages If Approved:
DisadvanW ges If Not Approved:
ToWI Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CosURevenue Budgeted:
Niay 2'I, 2010 4:11 PM page 1
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SA[NT
PAUL
�
AAAA
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
OFFTCE OF THE CITY ATTORNEY
Ge21d Hendnckson, CityAttomey
Telephone: 651266-8710
Facsimile: 657 298-5619
April 21, 2010
Crvil DiNSion
400 City HaII
15 West Kellogg Blvd.
Saint Paul, Minnesota 55702
NOTICE OF INTENT TO SUSPEND LICENSE
Peter Podullce
Peter Podullce Masonry
1689 Dayton Avenue, Apt. Downstairs
St. Paul, MN 55104
RE: City Contractor — Exterior Finishing license held by Peter Podulke d/b/a Peter Podulke Masonry
for the City of Saint Paul
License ID #20080004175
Deaz Mr. Podulke:
The Department of Safety and Inspections (DSn has recommended suspension of the City Contractor —
Ex[erior Finishing license held by Peter Podulke d/b/a Peter Podulke Masonry for the Ci[y of Saint Paul. The basis
for the recommendation is as follows:
On March 3, 2010, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your City Contractor —
Exterior Finishing license expired as of October 29, 2009. You now owe $267.00 in
delinquent license and late fees.
You were also asked to submit the following information: 1) a current certiScate of
General Liability insurance with a 30-day no6ce of cancellation and lis6ng the City of
Saint Paul as additional insured; 2) a$2,500.00 License, Permit and Performance Bond
and 3) a completed Certificate of Comnliance Minnesota Workers' Compensation Law
form.
You were given until March 2A, 2010, to pay the Iicense and late fees and submit the
requested information. As of today's date, neither the payment nor the information has
been received.
In addiaon to the suspension of your City Conuactor — Exterior Finishing license, per Saint Paul Legislative
Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failute to submit the
required information to maintain your license.
t�o-5�3
Peter Podullce Masonry
April 21, 2010
Page 2
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, yov should send the payment and information directly to the Deparhnent of Safety and
Inspecrions, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55701-1806 no later than Friday, April
30, 2010. Information should be duected to the attention of Chrisrine Rozek. A self-addressed envelope is
enclosed for your convenience. Payment of the delinquent license and late fees and submission of the
requested information will be considered to be a waiver of the hearing to which you aze entitled.
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 statement admitting the facts and
requesring a public hearing. We will need to receive your letter by Friday, Apri130, 2010. The
matter will then be scheduled before the Ciry Council for a public hearing to deternune whether to
suspend your license and impose the $500.00 matrix penalty. You will have an opportunity to appeaz
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 [he Department of Safety and Inspections, at 375 Jackson Street, Ste. 22Q St. Paul,
Minnesota 55101-1806 no later than Friday, April 30, 2010. Informaaon should be directed to the
attention of Christine Rozek.
If you have not contacted me by that date, I wilt 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 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,
I \C���S:.��l�--Lj � �j6�--
(1 V
Rachel Tiemey \D
Assistant City At[orney
cc: Christine Rozek, Deputy Director of DSI
Affirmative Action Equal Opportunity Employer
10-�a'�
STATE OF MINNESOT " �
, ss. AFFIDAVIT OF S�,__ JICE BY U.S. MAIL
COUNTY OF RAMSEY )
�
Julie Kraus, being first duly sworn, deposes and says that on the �_ day of
April, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Peter Podulke
Peter Podulke Masonry
1689 Dayton Avenue, Apt. Downstairs
St. Paul, MN 55104
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mai] at St. Paul, Minnesota.
�,��`-��1
Juli aus
Subscribed and swom to before me
this, l.5�day of April, 2010
�� � � � s;��
Notary Public
RtTA M. BOSSARD
tpTARY PUBLIC • t�kNNESOTA
MYCOMMISSION
DCPIRES JAN. 31, 20t 5
�n• 5�3
Chapter 310. Uniform Licer °rocedures Page 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 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 shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fne 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 Violation
Appearance
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 $2,000.00 fine
the legisfative code reiating $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 felony 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 $2,000.00 Revocation n/a n/a
licensee or employee
(7) Death or great bodily
harm in establishment 30-day 60-day
related to violation of law or suspension suspension Revocation n/a
license conditions
(8) Failure to pay license
fees Revocation
(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 331A
(i) Fines payab/e without hearing .
Chapter 310. Uniform Licer °rocedures
►o- 5a'3
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 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 DepaRment
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 penalties
for non-331A viofations. 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 vio/ations. 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 shafl 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 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
fourth appearance before the council.
(iv) Subsequent appearances. UF
council by a particular licensee, the
violation or violations giving rise t<
particular violation or violations th<
However, non-critical violations
"appearance" before the Councif in
of Chapter 331A.
on a second, third or fourth appearance before the
council shall impose the presumptive penalty for the
the subsequent appearance without regard to the
f were the subject of the first or prior appearance.
�f Chapter 331A shall not be counted as an
refation to any violation other than another violation
(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 (12) calendar months after the
first appearance of the same licensee for a violatio� 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 iwo (2) previous occasions
�0-5�3
Chapter 310. Uniform Licen 'rocedures 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
shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the councii on three (3) previous
occasions, each for violations listed in paragraph (m) or section 409.26, and ifi
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 shal! be
treated as a first 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 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. 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. 08-1208, § 1, 12-17-08)