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Directing the Department of Safety and Inspections to proceed with the Denial of the Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle License application and adverse action against Carr’s Tree Service INC d/b/a Carr’s Tree Service INC (License ID #20240001440) for the premises located at 307 State Highway 78 North.
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WHEREAS, the Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle license application submitted by Carr’s Tree Service INC d/b/a Carr’s Tree Service INC (“Carr’s Tree Service INC”) under License ID #20240001440 for the premises located at 307 State Highway 78 North, Ottertail, MN 56571 (“Premises”), which is owned by Jim Corrow is subject to a Notice of Intent to Deny License (Notice”) (attached as Exhibit # 1), in which the Department of Safety and Inspections (“Department”) provided notice to the Applicant of its intent to deny license and move forward with adverse action supported by Saint Paul Legislative Code 310.03(a); and
WHEREAS, on May 24, 2024, the Applicant submitted Class “R” License Application for a Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle license; and
WHEREAS, on June 14, 2024, Customer Service Specialist, Lee Vang sent the Applicant an email to carrsts@carrstreeservice.com <mailto:carrsts@carrstreeservice.com> informing them that their license application was received. The Applicant was requested to complete and submit the following missing requirements: applicants’ information, proof of registration with the Commission pf Agriculture, and ISA Certified Arborist. The Applicant responded to Mr. Vang’s email asking if he would need to fill out a person’s information as a corporation. Mr. Vang responded back to the Applicant advising the applicant’s information is needed; and
WHEREAS, on August 20, 2024, Customer Service Specialist, Lee Vang sent the Applicant an email to carrsts@carrstreeservice.com <mailto:carrsts@carrstreeservice.com> asking the Applicant if they are still planning to move forward with the license application. The Applicant was requested to complete the applicant’s information section and verify the ISA Certified Arborist; and
WHEREAS, on August 21, 2024, the Financial Controller of Carr’s Tree Service, Jill Carlson, sent an email to Customer Service Specialist, Lee Vang, providing the requested information in order to complete the license application. Mr. Vang responded back to Mr. Carlson’s email at carrsts@carrstreeservice.com <mailto:carrsts@carrstreeservice.com> informing him that the application was processed, but the payment was declined. Mr. Carlson responded back to Mr. Vang’s email and advised that the Applicant had changed credit card companies; and
WHEREAS, on August 26, 2024, Customer Service Specialist, Lee Vang sent an email to Financial Controller of Carr’s Tree Service, Jill Carlson, carrsts@carrstreeservice.com <mailto:carrsts@carrstreeservice.com> to inform the Applicant that a check was received, and payment was processed. The Applicant was also informed to reach out to DSI Inspector, Allan Vang for vehicle inspections. Once the vehicle inspections are approved by Allan, the stickers would then be mailed out; and
WHEREAS, on October 10, 2024, Customer Service Specialist, Lee Vang sent an email to the Financial Controller of Carr’s tree Service, Jill Carlson, at carrsts@carrstreeservice.com <mailto:carrsts@carrstreeservice.com> to follow up on the status of the vehicle inspection. Mr. Carlson responded back to Mr. Vang’s email stating they had passed on this matter to the New Business Development Coordinator, Jim Corrow, and was advised that Mr. Corrow would call Mr. Vang on that particular day; and
WHEREAS, on December 18, 2024, DSI Inspector, Joseph Voyda sent separate letters to Mr. Jake Carr, Mr. Jim Corrow, and Mr. Evan Amundson, to inform each of them that the time has elapsed to submit a request for vehicle inspection. Mr. Carr, Mr. Corrow and Mr. Amundson were also advised to contact DSI Inspector, Allan Vang to schedule an appointment for a vehicle inspection. The vehicle inspections were to be completed no later than 4:00 p.m. on January 3, 2025. A Request to Withdraw form was also enclosed with the letter; and
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying as follows:
Saint Paul Legislative Code §310.01, defines Adverse Action as: “the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application of the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, Licensee or applicant for a license. “Adverse action” includes any of the foregoing directed at one (1) or more licenses held by a Licensee at any location in the city. “Adverse action” also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.”
Saint Paul Legislative Code §310.02 (1)(4) &(b)&(c) states:
(1) Class R Licenses.
(4) Additional information. the director will prescribe the information required to be submitted by each applicant in their application, in addition to that required by specific sections in these chapters, as may be necessary to carry out and enforce any provision hereunder. The director will require in every case the applicant to submit their name; business or corporate name; names of partners, officers, directors, shareholders, or trustees involved in the business; age; address; description or blueprint of the premises, if any, and the owner thereof, and locations and addresses of other business locations in Minnesota.
(b) New application investigation and review. the director will determine the sufficiency and accuracy of each new application and obtain such criminal history information as may be used under Minn. Stats., chapter 364, and is otherwise available by law. The director will make reasonable and appropriate investigation of the premises or personal property, vehicles, or facilities, involved in or related to the licensed activity, and will request, where appropriate, the assistance of DSI divisions and other city divisions or departments in making additional investigations for the purpose of determining whether the applicant is or will be in compliance with all applicable ordinances and statutes. The approval of such other divisions or departments is not required for issuance of a license unless otherwise required by specific sections in these chapters. All new applications will be reviewed by the zoning administrator or their designee for compliance with all requirements of the Saint Paul Zoning Code, and no new license will be granted without full compliance with said requirements. All new applications involving a premise, location, building or structure will be reviewed by the building official or their designee for investigation and recommendation.
(c) Application denial.
1. Denial of a Class R License application is adverse action and the procedures for notice and hearing outlined in Saint Paul Legislative Code Section 310.03 must be followed.
Saint Paul Legislative Code §310.03(a) states:
(a) Adverse action; notice and hearing requirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee must be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative.
Saint Paul Legislative Code §362.03(c) states:
(c) License plates and register. The department of safety and inspections shall furnish the licensee with a sticker for each vehicle licensed, which shall be displayed on the licensed vehicle and which shall indicate the month and date of the license expiration. The name of the company, the license number, and a telephone contact number must be displayed permanently on the vehicles.
WHEREAS, the Department of Safety and Inspections recommended a denial of the license application; and
WHEREAS, the Notice laid out options for the Applicant:
“You have five (5) options on how to proceed:
1. If I have not heard from you by February 24, 2025, I will presume that you have chosen not to contest the proposed adverse action, and the matter will be placed on the City Council Consent agenda for approval of the proposed remedy and denial of your license application.
2. Submit the required information requested to the Department of Safety and Inspections (DSI) located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than February 24, 2025.
3. If you wish to admit the facts but you contest the penalty, you may have a hearing before the Saint Paul City Council. You will need to send me a letter with a statement admitting to the facts and requesting a public hearing no later than February 24, 2025. The matter will then be scheduled before the City Council to determine whether or not your Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle license applications should be denied. You will have an opportunity to appear before the City Council and make a statement on your own behalf.
4. If you dispute the facts outlined above, you may request a hearing before an Administrative Law Judge (“ALJ”). You will need to send me a letter disputing the facts and requesting an administrative hearing no later than February 24, 2025. At that hearing both you and the City will appear and present witnesses, evidence and cross-examine each other’s witnesses. After receipt of the ALJ’s report (usually within 30 days), a hearing will need to be scheduled before the City Council. At that time, the City Council will decide whether to adopt, modify or reject the ALJ’s report and recommendation.
5. You can withdraw your Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle license application. Complete and return the attached REQUEST TO WITHDRAW REQUEST FOR REFUND form to the Department of Safety and Inspections (DSI), located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than February 24, 2025.”
WHEREAS, the Notice was sent to the Applicant on February 12, 2025, providing that the Applicant respond by February 24, 2025, on whether they contest the proposed adverse action; and
WHEREAS, on March 4, 2025, the City Attorney’s Office contacted the Department of Safety and Inspections to confirm whether the requested vehicle lists, and vehicle inspections had been received and was informed that they had not heard from the Applicant; and
WHEREAS, the Notice stated if the Applicant failed to contest to the denial of the license application, that the matter would be placed on the City Council Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Tree Trimmer & 1 Vehicle & Tree Trimmer - Each Add’l Vehicle license application submitted by Carr’s Tree Service INC d/b/a Carr’s Tree Service INC (License ID #20240001440) for the premises located at 307 State Highway 78 North, in Ottertail is hereby to deny the license since the Applicant did not provide the requested vehicle lists and vehicle inspections the Department of Safety and Inspections in violation of Saint Paul Legislative Code §310.01, §310.02 (1)(4)&(b)&(c), §310.03(a), and §362.03(c).