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07-842CouncilFile# ��'O `Ta" Green 5heet # d j RESOLUTI�N aQ CITY,QF SAlNT PAUL, MINNESOTA Presented by 2 WE�REAS, adverse action was taken against the Tree Trimmer & 1 Vehicle and Tree Trimmer — 3 Each Add'1 �ehicle license applications submitted by Prime Cut, LLC, d/b/a Prnne Cut Tree Service 4(License ID#20040 0049 1 8) for the City of Saint Paul by Notice of Intent to Deny Licenses dated August 5 9, 2007, alleging after an inspection by DSI staff and Fire Inspector it was determined that the licensee was 6 no longer in operation and was not currently leasing the property; and 7 8 WHEREAS, licensee did not respond to the Notice of Intent to Deny Licenses to contest the 9 allegation; and 10 11 WHEREAS, the Notice of Intent to Deny Licenses stated that if the licensee failed to contest the 12 allegations by August 20, 2007, that the matter would be placed on the consent agenda to impose the 13 recoxnmended penalty; now, therefare, be it 14 15 RESOLVED, that the Tree Trimmer & 1 Vehicle and Tree Trimmer — Each Add'1 Vehicle license 16 applications submitted by Prime Cut, LLC, d1bla Prime Cut Tree Service are hereby denied. 17 Requested by Department of: BY� i1-l�.t.o.w..c. T� "'"�.A�`'� Form Approved y City � BY� i Adopted by Council: Date � /.Z� �.'� Adoption Certified by,,Eouncil Secretary Form By: � ` B Approve y ay r: Date � p 1 By: to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � U�'8�� $� — DeptofSafety&Inspec[ioas CoMaM Person & Phone: Vrginia D. Palmer 266-8770 Must Be on ouncll Agenda b(Dat M12�SFP-07 Doc.Type: RESOLUTION E-Document Required: Y DocumetkContact: JufieKraus Confac[ Phone: 266-8776 27-AUG-07 � Assign Number For Routing 0`rder Total # of Signature Pages _(Clip All Lowtions for Signature� Cosf(Revenue Budgefid: Approvai of the attached resolution to take adverse acriou against ffie Ttee Trimmer & 1 Vehicle and Tree Trimmer-Each Add9 Vehicle license applications submitted by Prime Cut, LLC, d/b/a Prime Cut Tree Service (License ID# 20040004918) for the City of Saint Paul. iaatfons: Approve (A) or Ke�ect (K): Personal Service ConVacts Must Answer the Foliowing Questions: PlanMrg Commission 1, Has this person�rm ever worked under a conhact for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/fittn possess a skill not normalty possessed by any current city employee? � Yes No Explain all yes a�wers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): After an inspection by a DSI inspector and a Fire Inspector it was determined that the licensee was no longer in operafion and was not curtently leasing the property. After noti8carion, the licensee failed to respond W the Norice of Intent to Deny Licenses. AdvanWges If Approved: License Denial. Disadvantages If Approved: None. Disadvantages If Not Approved: Transaction: Fundfng Source: Financtal information: (Ezglain) Green Sheet NO: 3043359 0 co[Saf & 'oos 1 tafSafe &I ections De ar�eutDirector 2 Attorn 3 a ar's O�ce Ma or/Assisfmt 4 oancil 5 C7erk Cti Qerk Activity Number. ,�� x , . �'�� Q 5 2DQ7 August 28, 2007 1:05 PM Page 1 r 6�-8�a- OFFICE OP THE CITY ATTORNEY ✓ohn J Choi, ciryAnorney CI� �F S.�LLV A pA� CivilDivzsion Civiatopher B. Coleman, Moyor 400 Ciry Hall Te7ephome: 651266-87I0 ZS�estKelloggBlvd Facsimiie:65I298-5619 Saint Paul, M"mnesotn 55102 i August 9, 2007 NOTTCE OF 1NTENT TO DENY LICENSES Owner/Nlanager Prime Cut Tree Service 87 Acker Street St. Paul, MN 55117 RE: Tree Trimmer & 1 Vehicle and Tree Trimmer - Each Add'1 Vehicle license applications submitted by Pxime Cut LLC, d(b/a Prime Cut Tree Service for the City of Saint Paul License ID # 20Q400Q4918 Dear Sir/Nladam: The Department of SafeTy and Inspections (DSI) has recommended denial o£ the Tree Triuluier & 1 Vehicle and Tree Trimmer - Each Add'1 Vehicle license applications submitted by Prime Cut LLC, dlb/a Prime Cut Tree Service for the City of Saint Paul. The basis for the recommendation is as follows: On July 31, 2007, a DSI inspector came to your establishment with a Fire Inspector and found no evidence of your business operating out of 87 Acker Street East. The stated property owner (Aaron Shoemaker of Ten Bobcats, LLC� informed them that Prime Cut Tree Service was no longer in operation, you had filed bankruptcy and were no longer leasing the property. At this time you have three options on how to proceed: 1. If you wish to admit the facts, but contest the penaliy, you may have a public heating before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a pubiic hearing. We wi11 need to receive your letter by Monday, August 20, 2007. 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 opporhmity to appear befare fhe Council and make a statement on your own behalf. AA-ADA-EEO Employer STATE OF NIINNESOT� ` � ss. COCJNTY OF RAMSEY ) ����`t � Julie Kraus, being first duly sworn, deposes and says that on the 9�' day of August, she served the attached NOTICE OF INTENT TO DENY LICENSES by placing a tnxe and correct copy thereof in an envelope addressed as follows: Owner/Manager Prime Cut Tree Service 87 Acker Street St. Paul, MN 55117 James Zollinger 29216 Hillcrest Drive Stacy, M1V 55079 (which is the last lrnown address of said person) deposifing the same, with postage prepaid, in the United States maii at St. Paul, Minnesota. . Julie Kraus Subscribed and sworn to before me this 9`� day of August, 2007 ,%s���� �, _��� Notary Pubhc AF'FIDAVIT OF SE _ JICE BY U.S. MATT, RITA M. 8033ARD lpy1RY pUBLIC-MIPd�ESOTA 1/Y COAAMSSlON IXPIRESJAN.31.20f 0