08-557Council File # �j�/
Green Sheet # j�,,� �]S('�
OF
Presented by
RESOLUTION
NT PAUL, MINNESOTA
�
1 WHEREAS, adverse action was taken against the Mobile Food Vehicle license application
2 submitted by I1ean Lee d/b(a Ilean's Ice Cream (License ID#20060001199) for the City of Saint Paul,
3 by Notice of Inteni to Deny License dated April 23, 2008, alleging licensee did not provide infotmation
4 regarding the storage locafion for her commercial vehicle that complies with applicable CiTy regulations;
5 and
6
7 WHEREAS, the licensee did not respond to the No6ce of Intent to Deny License to contest the
8 allegafions or provide the information requested; and
9
10 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
11 allegations or provide the requested information by May 2, 2008, that the matter would be piaced on the
12 consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the Mobile Food Vehicle license applica6on submitted by Ilean Lee d/b/a Ilean's
15 Ice Cream is hereby denied.
16
Yeas Nays Absent
Boshnm
Carter
Harris
Helgen
Lanhy
Stark
Thune
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Adopted by Council: Date �j C�J
Adoption Certified ound Secretary
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By: �
Approved aym+ Date U! �
By:
Requested by Deparhnent of:
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BY� v.,c�4�..� !"�' �
Fo oved by City Attomey
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Form Appr v by M or for S i sion Council
By: �__
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
b$��'S7
$� —Dept of Safery & Insputions I 14MAY-08
ConWd Person & Phone:
Rachel Tiemey
266-8710
musi ese on c unai wgenaa oy �uat
2&MAY-08 � C� ��- �
Doc. Type: RESOLUTION
E-Document Required: Y
Document CoMact: Julie Kraus
ConWct Phone: 266-8776
�►
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3053750
0 ePt ofSafety & 7nspections � !
1 e t of Safe & Ins ections De armient Direc[or
2 ' Attorne
3 ayor`s Office MaYOdASSisiant I
4 oanc7
5 ity Clerk City Clerk
Approval of the attached resolufion to take adverse action against the Mobile Food Vehicle license applicarion submitted by Ilean
Lee d/b/a Ilean's Ice Cream (License ID#20060001199) for the City of Saint Paul.
102➢005: NPPIW2 �A) Oi ttEJECi �K): reisonal aervme �.onaracu muya r.nswer mc rvuvwmy vucaawno.
Planning Commission t. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. �oes tlils person(firm possess a skill not normally possessed by any
current city employee?
Yes No
Fxplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee did not piovide the inforcnation requested iegazding a storage locarion for hec commerical velilcle that complied with
appiicabl8 City regulations. After norificarion, licensee did not respond to the Norice of Intent to Deny License.
Advantages If Approved:
License denial.
DisadvanWges If Approved:
None.
DisadvanWges IF Not App�oved:
Transaction:
Funding Source:
Financial Information:
(F�cplain)
Activity Number:
May 14, 2008 10:49 AM
Cosi/Revenue Budgeted:
Page 1
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OFFICE OF THE CITY ATTORNEY
John d Cha, CdyAtEomey n O `�
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SA{NS
PAVL
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C1TY OF SAINT PAUL
Christopher8. Co/eman, Mayor
Civil Division
400 Cily Hall Telephone: 651266-8790
>SWestKe!loggBlvd. Facsimile:651298-5619
Saint Paul, Mnnesota 55102
Apri123, 2008
NOT`ICE OF INTENT TO DENY LIC`ENSE
Owner/Manager
Ilean's Ice Cream
1858 Montana Avenue East
St. Paul, MN 55119
RE: Mobile Food Vehicle license application submitted by Ilean Lee d/b/a Ilean's
Ice Cream for the City of Saint Paul
License ID #20060001199
Deaz Sir/Madam:
The Department of Safety and Inspections (DSn has recomxnended denial of the Mobile Food
Vehicle license applicafion submitted by Ilean Lee d/b/a Ilean's Ice Cream for the City of Saint
Paul. Tbe basis for the recommendation is as follows:
On January 18, 2008, you were sent a letter from the Department of Safety
and Inspections regarding the selection of 769 Milton Street in Saint Paul as
the storage place for your commercial vehicle. An inspector from Zoning has
determined that location does not comply with the City Zoning Code
requirements, therefore, your business license application has not received the
required ASI Zoning approval.
You then were asked to provide DSI with a storage locafion for you
commercial vehicle that complies with all applicable City regulations by
Monday, �ebruary 18, 2008. As of today's date, that information has not
been received.
AA-ADA-EEO Employer
Ilean's Ice Cream (
Apri123, 2008
Page 2
At this time you have three options on how to proceed:
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ff you wish admit the facts but contest the denial, you may have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement admitting the
facfs and requesting a public hearing. We will need to receive your letter by FYiday, May
2, 2008. The matter will then be scheduled before the City Council for a public hearing to
determine whether to deny your license. You will have an opportunity to appeaz before
the Council and make a staiement on your own behalf:
2. If you dispute the above facts, you can request a hearing before an Aduiuustrafive Law
Judge. At that hearing both you and the City will be able to appear and present witnesses,
evidence and cross-exatniue the other's witnesses. The St. Paul City Council will
ultimately decide the case. If this is your choice, please advise me by Friday, May 2,
2008, and I will take the necessary steps to schedule the adwinistrative hearing.
3. You may withdraw your license applicafion. Send a writCen statement to that effect to the
Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Friday, May 2, 2008. Znformation 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 Department of Safety and Inspections.
If you have not contacted me by that date, I will assume that you do not contest the
denial of your license. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the denial.
If you have any questions, feel free to call me at (651) 266-8710.
Sincerely,
21 a„c,,,� I i�
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Airector of DSI
AA-ADA-EEO Employer
STATE OF MINNESO'�� '
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COUNTY OF RAMSEY )
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Julie Kraus, being first duly sworn, deposes and says that on the 23� day of April, she
served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct
copy thereof in an envelope addressed as follows:
Owner/Manager
Ilean's Ice Cream
1858 Montana Avenue East
St. Paul, MN 55119
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paui, Minnesota.
Julie Kraus
Subscribed and sworn to before me
this 23� day April, 2008
c ,[��"°.ti� • ,� �_c.c�.
Notary Public
AFFIDAVIT OF S� JICE BY U.S. MAIL
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