10-68CiTY
Presented by
1 WHEREAS, adverse action was taken against the Lawn Fertilizer and Pesticide Applicator license
2 held by Gibbs Lawn, Ina d1b/a Gibbs L,awn, Ina (License ID#0017043) for the City of Saint Paul by
3 Notice of Intent to Suspend License dated December 21, 2009, alleging licensee failed to pay delinquent
4 license and late fees of $100.00 and submit a completed Certificate of Compliance Minnesota Workers'
5 Compensation Law Form; and
6
7 WHEREAS, pet 5aint Paul L,egislative Code §310.05 (m) (2), the licensing office also
S recommended a$500.00 matrix penalty for failure to subtnit required documents to maintain the license;
9 and
10
11 WHEI2EAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
12 delinquent license and late fees, the $500.00 matrix penalty and submit the requested information; and
13
14
15
16
17
18
19
20
21
22
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
delinquent license and late fees, the $500.00 matrix penalty and submit the required information by
December 31, 2009, that the matter would be placed on the consent agenda to impose the recommended
penalty; now, therefore, be it
RESOLVED, that the Lawn Fertilizer and Pesticide Applicator license held by Gibbs Lawn, Inc.
d/6fa Gibbs Lawn, Tna, is hereby suspended and the licensee is ordered to pay a matrix penalty of $500.00
for failure to submit a completed Certificate of Compliance Minnesota Warkers' Compensation Law Form.
Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution.
Bostrom
Cazter
Harris
Thune
Adopted by Council: Date
Adoption Certlfied by Com�i1 Secretary
BY ( � J /
Approved ay . Date l ��`1 / 7� �c
r �_'�
By:
Council File # L
Green Sheet # � �j' '�
RESOLUTION J
411y,T PAUL, MINNESOTA ( �
Reqnested by Depaetrnent of:
������
BY: A' �C1.�
Focm Apprave by City Attarney'�
BY� `T .�rfiin.t.�i ��.
V
Form Ap ro d Ma or fox S b ission to Counci
By:
��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
, Depertm¢ntl0fficelCouncil: ; Date Initiated:
(d-C�g
� S � _Dept.ofSafety�inspections I 11JAN2010 ' GCEEJI� SheEt NO 3094938
ConWct person 8 Phone:
Virqinia D. Paimer
266-8710
�
Assign
Number
For
Routing �
Order
I
0
i
2
3
a
5
� Must Be on Council Agenda by (Date): '
� 20-JAN-70 (' �` ����.! I
' Uoa Type: RESOLU710N ;
,'� E-Document Required: Y
�ocument Contact: �ulie Kraus
! ContacC Phone: 2668776
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the I,awn Fertilizer and Pes6cide Applicator license held by Gibbs
Lawn, Inc. d!b/a Gibbs Lawn, Ina (License ID#0017043) for the Ciry of Saint Pau1.
Recommendations: Approve (A) or Rejed (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this personlfirm ever worketl under a contred For this department?
Yes No
2. Has this persoNfirtn ever been a city employee?
Yes No
3 �ces this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on sepa2te sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity {Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $100.00 and submit a completed Certificate of Compliance Minnesota
Workers' Compensarion Law Foxm. After notification licensee did not respond to the Notice of lntent to Suspend License.
AdvanWges If Approved:
License suspension and imposifion of $500.00 matrix penalTy.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
7ransaction;
Funding Source:
Financial Information;
(Explain)
Cost/Revenue Budgeted:
Activity Number:
January 11, 201010:42 AM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAftomey
lv�t� g
SASNT
°^°L CITY OF SAfNT PAUL
� civil o�vrsron
Chnstopher 8. Coleman, Mayor 400 Ciry Hall Telephone: 651266-8710
15 West Xei]ogg Bivd. Facsimrle: 65 7 298-56 79
AAAA Sarnt Paul, Minnesota 55102
December 21, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Owner/Manager
Gibbs Lawn, Inc.
13915 Radium 5treet, Unit D
Ramsey, MN 55303
RE: Lawn Ferti]izer and Pesticide Applica[or license held by Gibbs Lawn, Inc. d/bfa Gibbs Lawn, Inc.
for the City of Saint Paul
License ID #0�17043
Dear SirlMadam:
The Department of Safety and Inspections (DSI) has recommended suspension of the Lawn Fertilizer and
Pesticide Applicatox license held by Gibbs Lawn, Inc. dlbla Gibbs Lawn, Inc. for the City of Saint Paul. The basis
for the recommendation is as follows:
On November 17, 2009, you were sent a letter and RENEWAL IN VOICE from DSL It
stated that your Lawn Fertilizer and Pesticide Applicator license had expired on August
17, 2009 and you now owe $100.00 in deHnquent license and late fees. You were also
asked to submit a completed Cert�cate of Compliance Minnesota Workers'
Comnensation Law form and a list of employees with their State of Minnesota Pesticide
Applicator Gcense numbers.
You were given until December 8, 2009, to pay the delinquent Iicense and late fees and
submit the required information. As of today's date, neither the payment nor the
information has been received.
In addition to the suspension of your license, per Sain[ Paul Legislative Code §310.Q5 (m) (2), the
licensing office wi11 also recommend a$500.00 matrix penalty for failure to submit required forms and information
in order to maintain your licease.
At this time, you have three options on how to proceed:
You can pay the delinquent license and late fees, the $SOOAO matrix penalty and submit the required
informatioa If this is your choice, you should send the payments and information direcfly to the
Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806
no later than Thursday, December 31, 2Q09. Payment should be directed to the attention of Chrisune
Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent
license and late fees, the $S�o.�� matrix penalty and submission of the required information wi13 be
considered to be a waiver of the heanng to which you are entitled.
AfPirmative Action Eaua1 Onoortunitv Emnlc,ver
Gibbs Lawn, Inc.
December 21, 20�9
Page 2
�a -l�g
2. If you wish to admlt 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 requesdng
a public hearing. I will need to receive your ]etter by Thursday, December 31, 20Q9. The matter will
then be scheduled before the Ciry Council for a public hearing to determine whether to impose the
license suspension and $500.00 matrix penalty. You will have an opportunity to appeu 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 Inspec6ons (DSI), at 375 Iackson Street, Ste. 220, St.
Paul, Minnesota 55101-1806 no later than Thursday, December 31, 2009. 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 imposition
of the license suspension and $500.00 matrix penalty. In that case, the matter will be ptaced on the City
Council Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please fee] free to contact me at 266-8710.
Sincerely,
� 1 �� t_� � �� t�.?��� l � t �
� 1 �f �.
Virginia Palmer
Assistant Ciry AtCOrney
cc: Christine Rozek, Deputy Director of DSI
Cathy Gibbs, 2690 Medicine Lake Boulevard, Ste. D, Plymouth, MN 55441
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOTt
� ss. AFFIDAVIT OF SEi. , ICE BY U.S. MAIL
COUNTY OF RAMSEY )
(o-t�8
Julie Kraus, being first duly swom, deposes and says that on the � of
December, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as foliows:
�wner/Manager
Gibbs Lawn, Inc.
13915 Radium Street, Unit D
Ramsey, MN 55303
Cathy Gibbs
2690 Medicine Lake Boulevazd, Ste. D
Plymouth, MN 55441
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
(� '.
\ '�
3u ' aus
Subscribed and sworn to before me
thisn?/.n�-day of December, 2009
No ary Public
R1TA M 90SSAR0
NOTARY PUBLIC • MMP1ESOtA
MY COMMiSSION
E%PIRES,IAN 37.20 7 Q
Chapter 310. Uniform Licene �rocedures
Page 1 of 3
/� �CPg
(m) Presumptive pena/tres fo� ceRarn vrolations. The purpose of this section is to establish a
standard by which the city councii determines the amount of fiines, the length of license
suspensions and the propriety of revocations, and shall app{y to all license types, except that in
the case of a violation involving a liquor license § 4Q9.26 shaA apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shali 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 penaity 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 councii shail provide written reasons that
specify why the penalty selected was more appropriate.
TA6LE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.�� 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 fegislative 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, $5Q�.Q� fine $1,00�,�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
DSI inspector or police suspension
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�OO.DO $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a nfa
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation nla
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
(1Q) Non-critical violation
under 331A $150.00 $250.00 $500.00 $1,OQO.QQ
(i) Fines payable without hearing .
Chapter 3] 0. Uniform Licen� �rocedures
Page 2 of 3
�����
A. Notwithstanding the provisio�s of section 31 Q.05(c), a licensee who would be
making a first or second appearance befiore the councii may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
not+ce of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment ofi the recommended fine wiil be considered to be a waiver of the
hearing to which the ficensee is entitied, and wili be considered an "appearance"
for the purpose of determining presumptive penalties (or subsequent violations.
B. For adverse action i�itiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances thai licensee
has made before the Council. The above councif hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or Iess tha� 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 li�ensee is entitied, 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 if the Department of Safety
and I�spections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multip�e violations. At a licensee's first appearance before the city council, the
council shait consider and act upon alf the vioiations that have been afleged andlor
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) Vrolations 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 councii 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 shail 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
councii by a particufar licensee, the council shail 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 appeara�ce.
However, non-critical violations of Ghapter 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) Ifi a licensee appears before the councii for any violation in paragraph (m)
where that viofation has occurred within iwelve (12) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above or section 4�9.26, 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
L..__. I nit_.�__.t ..`__�. ��,1,. ,._�_ 1 n n'��l 1T __l T. �__.1� nnt l n lo t o l9 t(IOL.t.�,._O i n nc. 1�/oNnnnn
Chapter 310. Uniform Licen� 'rocedures
Page 3 of 3
j��t�b
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the councii for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) cafendar months of the violation that
gave rise to the first appearance before the councif, 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 if
said licensee again appears before the council for a viofation 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 shail 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 shail 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 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 ot 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 tfiird
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. 05-18Q § 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)
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