10-70Council F11e # �� Q
Green Sheet # j �j
RESOLUTION
CITY OF SAII� PAUL, MINNESOTA �
Presented by
1 WF3EREAS, adverse action was taken against the Tree Trimmer & 1 Vehicle license held by
2 Landscaping Professionals of NIN, LLC d/b/a Landscaping Professionals of MN, LLC (License ID
3#2Q080�02846) for the City of Saint Paul by Notice of Intent to Suspend License dated December 2, 2009,
4 alleging licensee failed to pay delinquent license and late fees in the amount of $250.00 and submit a
5 completed Certificate of Compliance Minnesota Workers' Compensation Law form, insurance and vehicle
6 information; and
8 WHEREAS, per Saint Paul Legislative Code §310A5 (m) (2), the licensing office also
9 recommended a$500.00 matrix penalty for failure to submit required documents to maintain the license;
10 and
il
12 WHEREAS, the licensee did not respond to the Norice of Intent to Suspend Licenses to pay the
13 delinquent license and late fees, the $500.00 matrix penalty and submit the required information and
14 documents; and
15
16 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the
17 delinquent license and late fees, the $500.00 matrix penalty and submit the requested information and
18 documents by December 14, 2009, that the matter would be placed on the consent agenda to impose the
19 recommended penalty; now, therefore, be it
20
21 RESOL'VED, that the Tree Trimmer & 1 Vehicle license held by Landscaping Professionals of
22 MN, LLC d/b/a Landscaping Professionals of MN, LLC is hereby suspended and the licensee is ordered to
23 pay a matrix penalty of $500.00 for failure to submit requested information and documents. Payment of
24 such penalty shall be made within thirty days of the date of the adoption of this resolution.
Requested by Departrnent of:
����
B +2, i4 �-6"�.�-�✓
Form
By:
Adoplion Cerlified by Coun �I Secretary Form
BY � /> By:
Approve y ay : Date � Ti� �j �6
By:
��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
� S � _Dept of Safety & lnspections � 11 JAN 2010
l Gonfact Person 8 Rhonz � � �
'� Virginia D. Palmer � �
� 266-8710 �
� Assign �
� Must Be on Counci .�qenda by (Date): ; Number �i
20-JAN-10 ��' y • ' ti For ;i
� Routing i
� p�, T RESOLUTION � Order }
� E-Document Required: Y
i Document Contact: Julie Kraus
I ConqctPhone: 26&8776
ToWI # of Signature Pages _(Clip All Locations for Signature)
�o-�v
Green Sheet NO: 3094976
0
1
2
3
a
5
Approval of the attached resolution to take adverse action against the Tree Trimmer & 1 Vehicle license held by Landscaping
Professionals of MN, LLC d!b!a Landscaping Professionals of MN, LLC (I,icense ID#20080002846) for the Clry of Saint Paul.
Recommendations: Approve (A) or Reject (Rp
Planning Commission
CIB Committee
Civil Service Commission
�
Personal Service Contracts Must Answer tNe Following Questions:
t. Has this person/Firm ever worked under a controct for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skili not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, OppoRunity (Wh0. What, When, Where, Why):
Licensee failed to pay delinquent license and late fees in the amount of $250.00 and submit a completed Certificate of Compliance
Minnesota Workers' Compensation Law Form, insurance and vehicle information. After notification, licensee did not respond to the
Notice of Intent to Suspend License.
Advantages If Approved:
LIcense suspension and imposition of $500.00 matriz penalty.
Qisadvantages !4 Approved:
Oisadvantages If Not Appcoved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosVRevenue Budgeted:
Activity Number:
January 11, 2010 11:07 AM Page 1
OFFICE OF TF� CITY ATTORNEX
✓ohn ✓. Choi, City Attomey � � /� �
SA[NT
PAUL
�
AAAl1
CITY OF SAINT PAUL
Christopher8. Cofeman, Mayor
Civil Division
600 Gity HBII
75 West Kellogg Blvd.
Saint Paul, Mmnesota 55102
Telephon e: 651266-877 0
Facsimile: 651298-5679
December 2, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Javier Galeano
Landscaping Professionals of MN, LLC
13452 — 2" Avenue South
Zimmerman, MN 55398
RE: Tree Trimmer & 1 Vehicle license held by Landscaping Professionals of MN, LLC d/b/a Landscaping
Professionals of MN, LLC for the City of Saint Paul
License ID #20080002846
Deaz Mr. Galeano:
The Department of Safety and Inspections (DSI) has recommended suspension of the Tree Trimmer & 1
V ehicle license held by Landscaping Professionals of MN, LLC d/b/a Landscaping Professionals of MN, LLC for
the Clty of Saint Paul. The basis for the recommendarion is as follows:
On October 27, 2�09, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your Tree Trimmer & 1 Vehicle
had expired as of July 21, 20Q9, and you now owed $250.00 in delinquent license and late
fees. You were also asked to submit a current certificate of General Liability insurance,
vehicle information (year, make, model and license plate number), and a completed
Certificate of Compliance Minnesota Workers' Comnensation Law form.
You were given until November 17, 7A09, to pay the delinquent license and late fees and
submit the requested information. As of today's date, neither the payment nor the
requested infortnation has been received.
In addition to the suspension of your license, per Saint Paul L,egislative Code §31�.05 (m) (2), the iicensing
office will aiso recommend a$500.00 matrix penalty for failure to submit required information in order to maintain
yourlicense.
At this dme, you have three opfions on how to proceed:
1. You can pay the delinquent ]icense and late fees, the $500.00 matrix penalty and submit the requested
information. If this is your choice, you should send the payments and requested infonnation directly to the
Department of Safety and 7nspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
]ater than Monday, December 14, 2009. Informarion should be directed to the attencion of Christine
Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and
late fees, matrix penalty and submission of the requested information will be considered to be a waiver of
the hearing to which you are entitled.
ef�;r.,,���,A e,.r;..,, F.,,,�i n ............:... c.,.,..i,..,e.
Landscaping Professionals of MN, LLC
December 2, 2009
Page 2
�
2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul
Ciry Councit, you will need to send me a le[ter with a statement admitting the facts and requesting a public
hearing. We will need to receive your letter by Monday, December 14, 2009. The matter will then be
scheduled before the City Council for a public hearing to determine whether tn suspend your license and
impose the $500.00 matrix penalry. 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 bnsiness 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 lackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, December 14, 2009. Informarion 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 wi11 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 266-8716.
Sincerely,
�a�„��. �'��,�, (�I��
Virgima D. Palmer
Assistant C7ty Attorney
ca Chrisrine Rozek, Deputy Director of DSI
STATE OF MINNBSOT
) ss. AFFIDAVIT OF SExdICE BY U.S. MAIL
COUNTY OF RAMSEY )
jL-�b
Julie Kraus, being first duly sworn, deposes and says that on the �. day of
December, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and conect copy thereof in an envelope addressed as follows:
Javier Galeano
Landscaping Professionals of MN, LLC
13452 — 2" Avenue South
Zimmerman, MN 55398
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�, " ti
Julie aus
Subscrib and sworn to before me
thi�day of December, 2009
� � ����
Not y Public
RITA M. BOSSARD
NOTARY PUBLIC - MINMESO TA
MY COMMISS ION
E7CPIRESJAN 31, 207 G '
Chapter3]0. L'nifc�:;<i Licens ocedures Paae 1 of3
�p,�D
(m) Presumptive penalties fo� certain violations. The purpose of this section is to establish a
standard by which the city counci{ determines the amount of fines, the fength 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 ficensee shall be
given a fine for each individual violation of § 331A. The totai fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multip{e violations in one {1) appearance.
AII penalty recommendations for chapter 331A violations shali be based on the food penalty
guideline referred to in chapter 331A. These penalties are presumed io 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 reason� making it more appropriate
�o 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 conditior�s �500.00 fine $1,Q00.00 $2 000.00 fine Revocation
placed on th2 I+cense fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relat+ng $500.00 fine $1,000.00 and 10-day Revocation 1
to the �icensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.60 fine $1,000.00 and 10-day Revocation
other lhan violations of the fine suspension
food code
(4) Faifure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension
DSf inspector or police suspension
(5) Commission of a crime
other than a feicny on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.�0 suspension
empfoyee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation nla 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 io pay license Revocation
fees
(9) Critical viofations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(16) Non-critical violation g15�.Q0 $250.00 $500.00 $1,000.00
under 331A
(i) Fines paya6le without hearing .
Chapter 310. Uniform Licens ocedures Page 2 of 3
jp,�0
A. Notwithstanding the provisions of section 310.05(c), a licensee who woufd be
making a first or second appearance before the counciV may elect to pay the fine
to the Department of Safety and lnspections 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 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 viola:ions.
B. For adverse action initiated under Chapter 331A of this Code, a#ine may be
paid without a hearing regardfess of how many prior appearances that'icensee
has made before the Council. The above council hearing requirement ap�lies to
�ialations under Chapter 331A unless the fine recommended by the �epartme�t
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine wili 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 shali not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violatfons. A council hearing is required if the Department of Safety
and fnspect;es�s recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multip/e vio/afions. At a licensee's first appearance before the city council, the
council shali consider and act upon all the violations that have been alleged and(or
incorporated in the notices sent to the ficensee under the administrative procedures act
up to and including the formal notice of hearing. The councii 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 afrer 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 al( 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" betore 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
viofation 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 bf 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 a{�pearance 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. :ocedures
Page 3 of 3
j(-�D
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the counci! 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 putpose of determtining
presumptive penafty.
(3) if a licensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m) or section 4�926, and if
said licensee aoain 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, the� 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 shali be
treated as a first appearance. +n case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18). cr twenty-four
(24j 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) NoCwithstanding subseclioiis� (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 reiated to a vioVation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed sir,ce the first appearance if the first appearance was also
regarding a death or great bodify harm in a licensed estabfishment. 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; GF. No. 94-898, §§ 2, 3, 7-13-
94; C.r. No. 94-1340, § 2, 10-19-94; C.F. Na. 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; GF. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)