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File #: RES 25-1468    Version: 1
Type: Resolution Status: Agenda Ready
In control: City Council
Final action:
Title: Directing the Department of Safety and Inspections to proceed with the denial of the Tree Trimmer-1 Vehicle license and adverse action against North Country Tree Solutions d/b/a North Country Tree Solutions, (application ID #20250000582) located at 28268 120th Street Northwest, Zimmerman.
Sponsors: Rebecca Noecker
Attachments: 1. Exhibit #1
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title

Directing the Department of Safety and Inspections to proceed with the denial of the Tree Trimmer-1 Vehicle license and adverse action against North Country Tree Solutions d/b/a North Country Tree Solutions, (application ID #20250000582) located at 28268 120th Street Northwest, Zimmerman.

Body

 

WHEREAS, the Tree Trimmer-1 Vehicle license application (“License Application”) completed by North Country Tree Solutions d/b/a North Country Tree Solutions (“North Country Tree Solutions”) under application ID #20250000582 and located at 28268 120th Street Northwest, Zimmerman, MN 55398, which is owned by Ryan Anderson (“Licensee”), was the subject of adverse action pursuant to an August 26, 2025 Notice of Intent to Deny License (“Notice”) (Exhibit #1), in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee of its intent to deny the License Application and move forward with adverse action supported by Saint Paul Legislative Code § 310.03(a); and 

 

WHEREAS, on April 2, 2025, Licensee submitted a Class “R” License Application for a Tree Trimmer-1 Vehicle license; and

 

WHEREAS, on July 9, 2025, Department Inspector Luis Sanchez-Panadero emailed the Licensee requesting submission of the vehicle inspection with photos of the vehicle no later than Monday, July 14, 2025, at 12:00 p.m. The Licensee was informed that failure to respond would result in a denial of the License Application; and

 

WHEREAS, on July 15, 2025, Department Inspector LaTiffany Porter sent the Licensee a letter requiring the Licensee to submit photos of the vehicle on or before July 22, 2025, to process the License Application; and

 

WHEREAS, on July 22, 2025, Department Inspector Luis Sanchez-Panadero sent a letter to the Licensee informing them that their time had elapsed to submit the vehicle-inspection requirement for the License Application. The Licensee was advised to contact the Department immediately and to choose one of the following options:

 

1.                     Submit outstanding requirements by July 29, 2025;

2.                     Complete the Request to Withdraw form; or

3.                     Do nothing and the Department will forward the application to the City Attorney’s Office for adverse action to deny the License Application.

 

WHEREAS, the Notice laid out the basis for adverse action 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 for 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)(a)(4), 310.02(1)(b) make a licensee responsible for submitting required information pertaining to their license application. Section 310.02(1)(a)(4) says:

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.

Section 310.02(1)(b) says:

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 [Department] 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.”

Saint Paul Legislative Code § 310.02(1)(c)(1) explains that denial of a license application is adverse action:

“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) explains the notice and hearing requirements:

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 § 310.03(c) explains the hearing procedures and requirements:

Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circumstances, the hearing must be held before the council. Otherwise, the hearing must be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee must be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing.”

 

WHEREAS, the Licensee had been notified that the Licensee failed to provide the required vehicle inspection information to the Department on or before July 22, 2025. The Department recommended a denial of the Tree Trimmer - 1 Vehicle license application based on violations of the Saint Paul Legislative Code §§ 310.02(1)(a)(4), 310.02(1)(b); and

 

WHEREAS, the Department recommended a denial of the License Application; and

 

WHEREAS, the Notice laid out options for the Licensee:

                    

                     “You have five (5) options on how to proceed:

 

1.                     If I have not heard from you by September 5, 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 located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than September 5, 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 September 5, 2025. The matter will then be scheduled before the City Council to determine whether or not your Tree Trimmer-1 Vehicle license application 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 September 5, 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 license application. Complete and return the attached REQUEST TO WITHDRAW REQUEST FOR REFUND form to the Department of Safety and Inspections, located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than September 5, 2025.”

 

WHEREAS, the Notice was sent to the Licensee on August 26, 2025, providing that the Licensee respond by September 5, 2025, to contest the proposed adverse action; and

 

WHEREAS, on September 9, 2025, the City Attorney’s Office contacted the Department to confirm whether the requested documents had been received and was informed the Department had not heard from the Licensee; and

 

WHEREAS, the Notice stated that if the Licensee failed to contest to the denial of the License Application then the matter would be placed on the City Council Consent Agenda to impose the recommended penalty; now, therefore, be it

 

RESOLVED, the Tree Trimmer - 1 Vehicle license application completed by North Country Tree Solutions d/b/a North Country Tree Solutions, (application ID #20250000582) located at 28268 120th Street Northwest, Zimmerman, is hereby denied because the Licensee did not submit all required documents to the Department of Safety and Inspections as required by Saint Paul Legislative Code §§ 310.02(1)(a)(4), 310.02(1)(b), and the denial is consistent with Saint Paul Legislative Code §§ 310.01, 310.02(1)(c)(1), 310.03(a), 310.03(c).

 

 

 

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