06-262Council File # � ' 2��
Green Sheet# ��s� �1c1�' 7
Presented By
Referred To
Committee: Date
2 WHEREAS, adverse action was initiated against the Tree Trimmer & 1 Vehicle and Tree
3 Tiimmer - Each Additional Vehicle license applications submitted by James C. Whelan, d/b/a
4 Urban Tree Care (License ID#20050002539) for the City of Saint Paul, by Notice of Intent to
5 Deny License Applications dated February 16, 2006, alleging that licensee failed to submit
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requested documents in order to complete the application process; and
WHEREAS, the Notice of Intent to Deny License Application was returned to the City
Attorneys Office with the notation "moved left no address unable to forward" and after receiving
no reply from a message left at the business phone number listed by the licensee; and
WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee
failed to respond by February 27, 2006, that the matter would be placed on the consent agenda to
impose the recommended penalty; now therefore, be it
RESOLVED, that the Tree Trimmer & 1 Vehicle and Tree Trimmer - Each Additional
Vehicle license applications submitted by James C. Whelan, d/b/a Urban Tree Care are hereby
denied.
Requested by Department of:
Adoption Certified by Council Secretary
BY� ��/ 2_
Approved by M oY: Date �� I
By:
� ������ti�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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By: \�.��'F�X�'��C. � �
Form Approved by City Attorney
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Approv y Ma or fo bmi ion to Council
By:
Adopted by Council: Date // /lj/J/� /� ��f��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
LP — License/Inspection/gnvuon pmt
Contact Person & Phone:
Rachel Gunderson
266-8710
Must Be on Council qgenda by
Date Initiated: " � f
0,_�-06 Green Sheet NO: 3029887
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Number
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Routing
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0 icens ecti nvir n
1 icen o ecti n/Eovi n Pro D a ent Director
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Total # of Signature Pages _(Clip All Loqtions for Signaturej
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Approval of the attached resolution to take adverse acrion against the Tree Triumier & 1 Velucle and Tree Trnnmer (Each Addirional
Velucle) license applications submitted by James C. Whelan, d/b/a Urban Tree Care (License ID#20050002539) for the C`ity of Saint
Paul.
Planning Commission
CIB Committee
Civil Service Commission
Personal
Questions:
1. Has this person/firm ever worked under a contract for this departmenl?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normaily possessed by any
current ciry employee?
Yes No
Explain atl yes answers on separate sheet and attach fo green sfieef
Initiating Problem, issues, Opportunity (Who, What, When, Where, Wh»: - -
Zicensee did not submit the required information to connplete the appfication process. After no8fication by letter and voicemait,
licensee failed to respond to Notice of Intent to Deny License Applications.
Advantages ffApproved:
Denial of licenses as reconmiended by the Office of LIEP.
Disadvantages If Approved:
None.
DisadvanWges If Not Approved:
Transaction:
Funding Source:
Cost/Revenue Budgeted;
Activity Number;
MAR o 7 2aoE
���'1lUi:�� �'�- "
Financial Information:
(F�cp(ain)
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,
CITY OF SAINT PAUL
Christopher B. Colemnn, Mayor
Febmary 16, 2006
� 04,-2�z
OFFICB vF THE CITY ATTORNEY
John J. Choi, CiryAnorrsey
c�,�rn,,,�,on
400 City Hall Telepfione.- 657 266-8770
IS �estKe7ZoggBZvd Facsimile: 65I298-5619
Saint PauT, Minnuota 55702 .
NOTICE OF INTENT TO DENY LICENSE ApPLICATIONS
Owner/Manager
Urban Tree Caze
6000 - 35�' Street West
St. Louis Park, MN 55416
RE: Tree Trimmer & 1 Vehicle and Tree Trniuner - Each Additional Vehicle license
applications submitted by James C. Whelan, d/b/a Urban Tree Care for the City
of Saint Paul
License ID #20050002539
Dear Sir/Madam:
The Office of License Inspections and Environmental Protectioa has recommended denial
of the Tree Tiimuier & 1 Vehicle and Tree Tiimmer - Each Additional Vehicle license
applications submitted by 7ames C. Whelan, d/b/a Urban Tree Cate for the City of Saint Paul.
The basis for the recommendation is as follows:
On January 25, 2006, you were sent a third request for information from the
Of�ce of License, Inspections and Environmental Protection. The following
information was needed to complete the application process: 1)submit a
current certificate of General Liability insurance for the coverage period of
July 2, 2005 through July 2, 2006; 2) submit current vehicle information such
as year, make, model, VIN number and state plate nnmbers.
You were given un1i1 February 8, 2006 to respond. As of today's date, no
information has been submitted.
At tkus time you have three options on how to proceed:
If you wish to do business in the City of Saint Paul, you need to submit the requested
documents to the Office of License, Inspections and Environmental Profection at 8 Fourth
Stxeet East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, February
27, 2006. Inforxnation should be directed to the attention of Christine Rozek.
AA-ADA-EEO Empioyer
Urban Tree Care
February 16, 2006
Page 2
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2. If you wish to have a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement adinitting the facts and requesting a public hearing. We
will need to receive your letter by Monday, February 27, 2006. The matter will then be
scheduled before the City Council for a public hearing to determine whether to deny your
license applicarions. You will have an opportunity to appear before the Council and
make a statement on your own behalf.
3. You can withdraw your license applications. Send a written statement to that effect to the
Office of License, Inspecfions and Environmental Protection, 8 Fourth Street East, Suite
200, St. Paul, Minnesota 55101-1002 no later than Monday, February 27, 2006.
Information should be directed to the attention of Christine Rozek. Any request for a
refund of the license application fee must also be made in writing to the Office of LIEP.
If you have not contacted me by that date, I will assume that you do not contest the
denial of yonr license applications.
If you have any questions, feel free to call me or haue your attorney call me at
(651) 266-8710.
Sincerely,
-���,�--
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
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STATE OF NIINNESOTA)
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
JiJL1E KRAUS, being first duly sworn, deposes and says that on February 16, 2006, she
served the attached NOTICE OF INTENT TO DENY LICENSE APPLICAT`IONS by
placing a true and correct copy thereof in an envelope addressed as follows:
Owner/Manager
Urban Tree Caze
6000 - 35�` Street West
St. L,ouis Park, MN 55416
(which is the last l�own address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
, ��-1��-LU.lit7"�
IE KRAUS
Subscribed and sworn to before me
this 16�` day of February, 2006
�
No�tary Public
RITA M. BOSSARD
NOTARY PUBLIC • MINNESOTA
MY COMMISSION
DCPIRES JAN. 31. 2 0 1 0