10-574Council File # �� � 5 �4
Green Sheet # �, � b
RESOLUTION
CITY OF SAINT �AUL. MINNESOTA
Presented by
��
1 WHEREAS, adverse action was taken against the City Contractor — Specialty under $15,000
2 license held by Michael Wong d/b/a Micbael Wong Construction (I,icense ID#20090000043) for the City
3 of Saint Paul by Notice of Intent to Suspend License dated April 21, 2010, alleging licensee failed to
4 submit the following: 1) delinquent license and late fees of $267.00; 2) a cunent certificate of General
5 Liabiliry insurance; 3) a$2,500.00 Performance Bond and 3) a completed Certificate of Compliance
6 Minnesota Workers' 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 tbe
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, 201Q that the matter
17 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
18
19 RESOLVED, that tbe Ciry Contractor — Specialty under $15,000 license held by Michael Wong
20 d/6fa Michael Wong Construction is suspended for failure to pay delinquent license and late fees.
21
22 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalry of $500.00 for failure to
23 submit requixed information in ocder to maintain the license. Payment of such penalty shall be made
24 within thiriy days of the date of the adoption of this resolution.
Reque ted by Department of:
R�/ p�iv�q�1�S
BY .C.,�to� 7� /�FL�Cr/
Adopted by CounciL Date �`�-� 0/ d
Adoption Certified by C uncil Secretazy
By �'
Approved M r: Date (� �(�
By:
Form ved by City At[orney
B I y �`v
Form App ov y yor for Sub�n�un�
BY aa,t
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
S � _ Dept. of Safety 8lnspections I Z� MAY 2010
i� Contact Person 8 Phone:
� Rachel Tiemev
2668710
Must Be on Coui
02-JUN-10
Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
ConWct Phone: 266-8776
■�/ '' °
I 1
Assign � 2
Number � 3
For
Routing 4
Order g
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolution to take adverse acfion against the City Contractor-Speciality under $15,000 license held by
Michael Wong d/b/a Michael Wong Conshuction (License ID#20090000043) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Cammittee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a cily employee?
Yes No
3. Does this persoNfirm possess a skill not norma�ly possessed by any
current ciry employee�
Yes No
6cplain ali yes answers on separate sheet and attach to green sheet.
Initlating Prablem, lssues, Opportunity (Whq What, When, Where, Whyj:
Licensee failed to pay delinquent license in late fees of $267.00 and submit required information to maintain the license. After
norifica6on, licensee did not respond [o the Norice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
�
r �i
Vv
DisadvanQages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial Information:
(6cplain)
CostlRevenue Budgeted:
Activity Number.
Green Sheet NO: 3112716
May 21, 2010 4:04 PM Page 1
►o - S�4
$AfNS
PAUL
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AAAA
CITY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
Gerald Hendnckson, CityAttomey
Telephone: 651266-877 0
Facsrmile: 657 298-5619
Apri121, 2010
Crvil Divisron
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSE
Michael Wong
Michael Wong Construction
2107 Kings Road
Eagan, MN 55122
RE: City Contractor — Specialry nnder $15,000 license held 6y Michael Wong d!b!a Michael Wong
Construction for the City of Saint Paul
License ID #20090000043
Deaz Mr. Wong:
The Department of Safety and Inspections (DSI) has recommended suspension of the City Contractor —
Specialty under $IS,OOO license held by Michael Wong d/b/a Michael Wong Construction for the City of Saint
Paul. The basis for the recommendation is as follows:
On February 25, 2010, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your City Contractor —
Specialty under $15,000 license espired as of November 22, 2A09. You now owe $267.00
in delinquent license and late fees.
You were also asked to submit the following information: 1) a current certificate of
General Liability insurance with a 30-day nolice of cancellafion 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 Comaliance Minnesota Workers' Comnensation Law
form.
You were given until March 18, 2010, to pay the license and late fees and submit the
requested information. As of today's date, neither the payment nor the information has
been received.
In addition to the suspension of your City Contractor — Specialty under $I5,000 license, per Saint Paul
Legislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failure to
submit the required information to maintain your license.
Affirmative Action Epual Onnortunitv Emnlover
�o- sa4
Michael Wong Constmction
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, you should send the payment and informarion direcfly to the Department of Safety and
Inspections, at 375 Jackson Street, Ste. 22�, St. Paul, Minnesota 55101-1806 no later than Friday, April
30, 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 information wil] be considered to be a waiver of the hearing to which you aze enritled.
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
requesting a public hearing. We will need to receive your letter by Friday, Apri130, 2010. The
matter will then be scheduled before the City Council for a public heazing to determine whether to
suspend your license and impose the $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 stacement to
that effect to the Department of Safety and Inspecdons, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Friday, April 30, 2010. Information should be directed to the
at[ention of Chris[ine 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 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,
`�o.,c,� B�� ��I�
Rachel Tierney �
Assistant City Attorney
ca Christine Rozek, Deputy Director of DSI
STATE OF MINNESOT ' ` � S�4
� ss. AFFIDAVIT OF SExVICE BY U.S. MAIL
COUNTY OF R.AMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the c7� � S � 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:
Michael Wong
Michael Wong Construction
2107 Kings Road
Eagan, MN 55122
(which is the lasC known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
gL`L!
Juli Kraus
Subscribed and sworn to before me
this �lsl�day of April, 2010
7 �� ��1�
Not y Public
RITA M. BOSSARD
NOTAFiY PUBLIC • MINNESOTA
MYCOMMISSION
DfPIRES JAN. 31, 2015
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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 ihe case of an adverse action filed fior 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 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 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 legislative 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 $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 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 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
Chapter 310. Uniform Licen 'rocedures
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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 cou�cil 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.
8. 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 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 purQose 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 lnspections 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 shall consider and act upon all the vio{ations that have been alleged andJor
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 notrce 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. 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) 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 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
10- 5a4
Chapter 3 J 0. Uniform Licer °rocedures Page 3 of 3
for violations listed i� paragraph (m) or section 409.26, and if said ficensee 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 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 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 bodify 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)