07-66Council File # O 7 �i
Green Sheet # (p 3
RESOLUTION
OF,�SAINT PAUL, MINNESOTA .�b
Presented by
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WHEREAS, adverse action was taken against the Mobile Food Vehicle license application
submitted by Shane R. Murray d/b/a Red Bell Ice Creazn (License ID #20050002893) for the City of Saint
Paul by Notice of Intent to Deny License dated December 29, 2006, alleging licensee failed to submit
required documents to complete the application process; and
WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the
allegations or submit the required documents; and
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WIIEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
allegafions or submit required docuxnents by January 9, 2007, that the matter would be placed on the
consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Mobile Food Vehicle license application submitted by Shane R. Murtay d/b/a
Red Bell Ice Cream is hereby denied.
Benanav
Bostrom
Harris
Helgen
Thune
Yeas
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Adopted by Council: Date ����
Ab �l Requested by Department of:
Adoption Certified by Council Secretary
BY� ////J///.��f
Approved by ay �. 1Date l�Lg �07
By' ' „'"__" �-/
BY: �'T /�. r�
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Form A 4 ovedbY CiTy ttomey
By: 6 �
Form A ve by ayor or ub ' sion to Council
By:
� Green Sheet Green Sheet Green Sheef Green Sheet Green Sheet Green Sheet �
D 7-G �
LP — Lic�seJtns�[�ect[on/EnvironProe ( 7'IJAN-07
CoMact Person 8 Phone;
Rachel Gunderson
266-8710
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Assign
Number
For
Ooa Type: RESOLUTION
E-Doeument Requiretl: Y
DocumeMContact: JulieKraus
ConWct Phone: 266-8776
Order
Total # of Signature Pages _(Clip AII Locations for Signaiqre)
Green Sheet NO: 3036136
0 ec4onlEnviroo Prot
1 'on/EnvironProt D arWentDirector
2 ' Attome
3 a or's O�ce Ma or/Assista¢t
4 u¢ca
5 " Clerk Cl' GYerk
Approvat of the attached resolution to take adverse action againsi the Mobile Food Vehicle license application submitted by Shane R.
Munay, d/b/a Red Bell Ice Cream (I.icense ID#20050002893) for the City of Saint Paul.
Pianning Commission �. }� �ry� Pe�firm ever wwked pndEr a contract tw this tlepartment?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a ctty employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
- Explain all yes answers on separate sheet and attach W green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
LIcensee failed to submit the required documents to complete the application process. After notification, licensee did not respond to
Nodce of Tntent to Deny License.
AtivanWges IfApproved:
License denial as recommended by the Office of LIEP.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
7rensactian:
Funding Source:
Financial lnformafion:
(Explain)
�aN a s 2007
�C�3��� ����.,'�� ����
. ... .��,.,..
CostlRevenue Budgeted:
Activity Number.
January 11, 2007 11:56 AM Page 1
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OFFICE OF TF� CITY ATTORNEY -
.7ohn J, Choi, City�tttorney
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C I1 i �F SilLl`� 1 pAU!-� Civi7Division
Christapher B. Coleman, Mayor 400 Ciry Halt Telephone: 651266-8710
IS�estKeZZoggBlvd Facsnnile:657298-5619
. SaintPaul, M'mnesota 55102
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December 29, 2006
NOTICE OF INTENT TO DENX LICEIV5E
Shane R. Murray
Red BeIl Ice Creaxn
376 Sturgis Street
St. Paul, MN 55102
RE: Mobile Food Vehicle license application submitted_by Shane R. Murray d/b/a
Red Bell Ice Cream for tke City of Saint Paul
LicenseID #:20050002893
Dear Mr. Murray:
The Office of License, Inspections and Environmental Protectiott has recommended
denial of the Mobile Food Vehicle license application submitted by Shane R. Murray d/b/a
Red Bell Ice Cream for the City of Saint Paul. The basis far the recommendafion is as £ollows:
On July 25, 2006, you were sent a letter from the Office of License,
Inspecfions and Environmental Protection stating that your license
application was "pending" unfil the following information was received:
1) A completed Zotting Summary Sheet with required floor and site pians; 2�
a completed and signed Home Occupation A£fictavit agreeing to the
coaditions of home occupation; 3) Zoning inspection approval by contacting
Jeff Hawldns at (651) 266-9083 to review your completed Zoning Summary
Sheet with floor and site plans.
You were given until August 9, 2006 to return the requested information. As
of today's date the information has not been received.
AA-ADA-EEO Employer
RedBellIceCream (
December 29, 20Q6
Page 2
At this fime, you have three options on how to proceed_
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1. You can submit the information requested. If this is your choice, please send the
information to the Office of License, Inspections and Environmental Protection, at 8
Fourth Sixeet East, Suite 200, St. Paul, Minuesota SS10I-1002 no Iater than Tnesday,
January 9, 2007. Information should be directed to the attention of Christine Rozek.
Submission of the requested information wi12 be considered to be a waiver of the hearing
to which you are enfitled.
2. If you wish to ha�e a public hearin° before the Saint Paul City Council, you will need to
send me a lettei with a statement admitting the facts and requesting a public hearing. We
will need to receive your letter by Tuesday, January 9, 2007. The matter wi11 then be
scheduled before the City Council for a public hearing to deteimiue whether to denq your
license appficafion. You wili have an opportiznity to appear before tha Council aud make
a statement on your own behalf.
Tf �O'.A Il.^. �O'..'.'��.T ::'15�3 t0 u.0 �'W.Siu�°.SS ui �u8 �'.ii� ^vi v£u'iit D3'iu� yau w�il ueed to send a
written statament to that effect to the Office of License, Tnspections and Environmental
Protection, 8 Four[h Street Eas�, Suite 200, St. Paul, Minuesota 55101-1002 no later than
Tuesday, January 9, 2Q07. Info2mation should be directed to the attention of Christine
Rozek.
I£you have not contacted me by that date, I will assume that you do not contest the
denial o£your lic2nsa appHcatian.
If you haue questions about these options, nlease feel free to contact me at 266-8710.
Sincerely,
2�
Rachel Gunderso
Assistant City Attomey
ce: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
STATE OF MIlVNESOTr�ti
t
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COUNTY OF RAMSEY )
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Julie Kraus, being first duly sworn, deposes and saqs that on the 29�' day of December,
sfle served the attached NOTIC'E OF INTENT TO DENY LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Shane R. Murray
Red Beli Ice Cream
376 Sturgis Streef
St. Paul, MN 55102
(which is the last known address of said pezson) depositing the same, with postage prepaid; in
the United States mail at St. Paul, Minnesota.
Subscribed and sworn to before me
this 29�` day of Decembar, 2006
o�� .<�����
No ary Public
ArFIDAVTT OF S� +'ICE BY U.S. M�II,
� . 4 , � � ,� � .�,�
Julie Kraus
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RITA M. BOSSARD
NOTARY PUBLIC- MINNESO7R
MY COMMISSION
EXPfRES JRN.3T, 201 0
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