06-260Conncil File # 'ii — � � �
Green Sheet # ��d } "i 1 �
RESOLUTION
CITY OF SAINT PAUL, MIl�TI�TESOTA
Presented By
Refened To
Committee: Date
2�
WHEREAS, adverse action was initiated against the Bed and Breakfast and
Food/Boarding Facility license applications submitted by Rose Arbor Inn, LLC, d/b/a Rose
Arbor Inn (License ID#20040005459) for the premises located at 341 Dayton Avenue in Saint
Paui, by Notice of Intent to Deny License Application dated February 9, 2006, aileging that
licensee had not obtained an opening inspection approval and as noted later by an inspectar the
building was vacant and for sale; and
WHEREAS, the Iicensee did not respond to the Notice of Intent to Deny License / �
Applicarion to contest the allegation or obtain an opening inspection approval; and
WI�EREAS, the Notice of Intent to Deny License Application stated that if the licensee
failed to respond by February 21, 2006, that the matter would be placed on the consent agenda to
impose the recommended penalty; now therefore, be it
RESOLVED, that the Bed and Breakfast and Food/Boarding Facility license applications
submitted by Rose Arbor Inn, LLC, d/b/a Rose Arbor Inn are hereby denied.
Requested by Department of:
Adoption Certified
By: ///
Approved by o
By:
Council Secretary
Date �
By: t �1.t,� � � �
Form Approved by City Attorney
By:
Apps
By:
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Adopted by Council: T]a�e J�`l�L�' /S. �UdW
� Green Sheet Green Sheet G�een Sheet Green Sheet Green Sheet Green Sheet �
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LP ��srllnspecEionlEaviron Rac
Conhact Person & Phone:
Rachel Gunderson
2fi6-8710
on Councill�qenda
�SYd�IT�^'�.
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pssign'
Number
For
Routing
Order
Green Sheet NO: 3Q29919
Oenartmenf Sent To Person
0 i "o "r
i icens ns ectio uriro Pr D artment DCrecfor
2 e
3 a or`s Ma r/A istanf
4 u '
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Total # of Signature Pages _(Clip Ail Locatio�s tor Signature)
Approval of the attached resolurion io hake adverse action against the Bed and Bieakfast and Food/Boazding Facility license
applications submitted by Rose Achor Inn, LLC, dlb/a Rose Arbor Inn (License ID#20040005459) for the premises located at 341
Dayton Avenue in Saint Paul.
Approve (A) or
Planning Commission
CIB Committee
Civii Service Commissioa
T. Has this personlfirm ever worked under a contrad for this departmenY?
Yes No
2. Has this person/firm ever been a cafy employee?
Yes No
3. Ooes this personlfirm possess a skill not normally possessed by any
cuttent city employee?
Yes No
E�cplain a�l yes answers on sepa�ate sheet and attach to green sheet
Initiat[ng Problem, Issues, Opportunity (Who, What, Wheo, Where, Why):
Licensee tiid not ohtam an opening inspecdon approval from LIEP in order to complete the applioation process. After norificati�
licensae did not respond to the Notice of Intent to Deny License Application.
Advaafapes If Approved:
License denial as recommended by the Office of LIEP.
DisadvantageslfApproved;
None.
Disadvanfages If Not Approved:
REG���D
MAR � :� %�06
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Transaction:
Funding Source:
Questions:
CosURe�enue Budgeted;
Acfivify Namber.
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. �A�`Rt �.�.:•,.
Financial Infortnation;
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Tohn T. Ckog CPtyAUOrney
CITY OF S�II�I T PAUL
ChristopherB. Colemm� Mayor
cry�r���
400 CityHall
IS WestKeAnp,qBlvd
SaintPaul, bluuiesota55102
Telephorre: 651 266-8710
Fauimile: 651298-5619
February 9, 2006
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Erica Roy-Nyline
Rose Arbor Inn, LLC
325 Dayton Avenue
St. Paul, MN 55102
RE: Bed and Breakfast and Food/Boarding Facility license applications submitted by Rose
Arbor Inp, LLC, d/b/a Rase Arbor Tnn for the premises located at 341 Dayton Avenue in
Sa.int Paul
LicenseID #20040005459
Dear Ms. Roy-Nyline:
The Office of License Inspeetions and Environmental Protection has recommended deniai
of the Bed and Breakfast and Food/Boazding Facility license applications submitted by Rose
Arbor Inn, LLC, d/b/a Rose Arbor Inn for the premises located at 341 Dayton Avenue in Saint
Paul. The basis for the recommendation is as follows:
On January 9, 2006, you were sent a letter from the Office of License
Inspections and Environmental Protection stating fhaE .your license
applications were incomplete and in "pending" status unfil you obtained an
opening inspection approval from Jeff Hawlans, LIEP Inspector-Zoning.
You were given untit January 17, 2006, to notified them in writing whether
Yan intended to eontinue with the appfication process or permanently
withdraw your application. As af today's date, nothing has been received.
In addition, on February 7, 2d06, it was rioted by an inspector that the
buiiding at 341 Daytoa was vacant and for eale.
AA-ADA-EEO Employer
Rose Arbor Inn
February 9, 2006
Page 2
�'
At tt�is time you have three options on how to proceed:
�
���
If you wish to do business in the City of Saint Paul, you need to contact 7eff Hawkins at
(b51} 266-90$3 to sehedule an opening inspection for 341 Dayton Avanue no later than
Tuesday, February 22, 2006.
2. If you wish to have a public hearing before the Saint Pau1 City Council, you wilt need to
send me a letter with a statement admitting the facfs and requesting a public heariug. We
will need to receive your letter by �esday, February 21, 2006. The matter will then be
scheduled before the City Council for a public hearing to determine whether to deny your
license applications. You will have an opporiunity to appear before the Conncil and
make a statement on your own behalf.
3. You may witi�draw your license applieations. Send a written statement to that effect to
the Qffice of License, Inspections and Environmenfal Protection, 8 Fourth Street East,
Suite 200, St. Paul, Ivlinnesota 55101-1002 no later than Tuesday, February 21, 2006.
Information shouid be directed to the attention of Christine Rozek. Any request for a
refund of the license application fee must also he made in writing ta the Office of LlEP.
If you have nat contacted me by that date, I will assume that yon do not contest the
denial of yonr license applications.
If you have any quesrions, feel free to cali me or haue your attomey cail me at
(651} 266-8710.
Sincerely,
Z��-
Rachel Gunde so
,Assiseant City Attorney
cc: Christine Rozek, Deputy Directar of LIEP
Craig and Erica Roy-Nyline, 897 Mazshall Avenue, St Paul, MN 55104
AA-ADA-EEOEmployer
r
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY }
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A�FIDAVIT OF SERVICE BY U.S. MA1L
JIJLIE KRAUS, being first duly sworn, deposes and says that on February 9, 2006, she
served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing
a true and correct copy thereof in an envelope addressed as follows:
Erica Roy-Nyline
Rose Arbor Inn, LLC
325 Dayton Avenue
St. Pav1, MN 551�2
Craig and Erica Roy-Nyline
897 Marshall Avenue
St. Paul, MN 55104
(which is the last known address of said person) deposiring the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota. �
,��
IE KRAUS
Subscribed and sworn to before me
this 9�' day of February, 2006
f � �ir � ,�--�.,��-�.-Q
Nofaiy Pubfic
RITA M. BOSSARD
NOTARY Pl� LIC - M W N£SOTA
MY COMMISSION
EXPtRES JAN. 31, ZO 1 0