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03-766Council File # c�3-l�b Green Sheet # J �U �� t I RESOLUTION CITY OF SAINT PAUL, MINNESOTA IZ Presented By Referred To Committee: Date RESOLVED, that the tasicab driver license renewal application by James Rejsa is hereby denied, based upon his prior criminal conviction which disqnalifies him from being licensed pursuant to Saint Paul Legislative Code §37616(e)(4). FLTRTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated June 27, 2003 are adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on June 5, 2003, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the AI J as referenced above and the deliberations of the Council in open session at the public hearing on July 23, 2003. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Applicant. � 03- Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenN�ce/council: Date Initiated: LP — License/InspectimilEnvironProt 13-AUG-03 Green Sheet NO: 3004119 Co�act Person 8 Phone - Deoartment Sent To Person Initial/Date Virginia Palme� � 0 icense/Ins ection/Environ Pro eA'Q �g �3 Z�"$�� ASSign 1 icense/Ins ecHon/EnvironPro De artmentDirector ��f3163 Must Be on Council qqenda b(Date): Number 2 ; Attorn �� 27-AUG-03 �CpNSgrlT� For Routing 3 a or's Oftice Ma odAssistant Order 4 ouocil 5 i CYerk Ci Clerk ToWI # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Adverse acfion against the ta�cab driver license renewal applicarion submitted by James Rejsa Recommendations: Approve (A) or Reject (R): Personal Service ConVacts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrac[ for this departmenl? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Jaznes Rejsa was convicted on May 21, 2001 of a Level 3 Felony, Attempted Transportation of Dangerous Drug For Sale. St. Paul Legislative Code §376.16(e)(4) requires that to be eligible for licensing an applicant shall have no felony convicrions in The last five years. Administrative Law Judge recommended denial of renewal application. AdvantaaeslfApproved: City will have enforced its licensing requirements for taxicab drivers DisadvantageslfApproved: None DisadvanWges If NotApproved: City will have failed to enforce its licensing requuements Total Amount of Cost/Revenue Budgeted: Transaction: s � Funding Source: Activity Number: a�� P.4P.2X(`f3 �� Financial Information: (Explain) �� 1 � ��, D'��c.dv STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCfL In the Matter of the Taxicab Driver License Renewal App(icafion of James P. Rejsa Docket No. 7-6020-15408-3 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Richard C. Luis at the St. Paul City Hail on June 5, 2003. Virginia D. Palmer, Assistant City Attorney, 400 City Hzll, 15 West Kellcgg Bouievard, �t. �aul, Nlirneseta 56102, appeared cn bzhai� of ihe City's Office of Licensing, Inspections and Environmental Protection (LIEP). James P. Rejsa, 300 Warner Avenue North, Mahtomedi, Minnesota 55'I 15, appeared on his own behaif. The record ciosed at the conclusion of the hearing on June 5. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify fhese Findings of Fact, Conclusions and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), The Council shall not make a final decision until the parties have had an opportunity to present orai or written arguments to the Council. The parties should contact City Clerk Donald Luna, 170 City Hall, 15 West Keilogg Boulevard, St. Paul, Minnesota 55102 for information concerning the scheduling of argument, if any, and the date on which the Councii will meet to decide this matter. ISSUE Whether the application for license renewal by James P. Rejsa should be denied because he has a felony conviction within the last five years? Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On February 9, 2001, James P. Rejsa ("Applicant", "Licensee") was apprehended while driving his personal vehicle in Pinal County, Arizona, in the process of transporting a large amount of a controlled substance from Arizona to Minnesota in refurn for an unspecified amount of money. 2, On May 21, 2009, Mr. Rejsa pleaded guilty to the Attempted Transportation of a Dangerous Drug for Sale, a Class 3 felony under Arizona statutes, D3 `l�to before a Superior Court Judge in Pinai County. He received a suspended sentence of three years, which expires June 21, 2004, and was required to serve the first nine months (less 48 days' credit for pretrial confinement) in the Pinal County jail in Florence, Arizona. After his release from jail, Mr. Rejsa returned to Minnesota, where he remains on probation for his Arizona conviction under the supervision of a parole officer in Washington County. As of the date of the hearing, Mr. Rejsa had not been released from his sentence, and he remained ineligible for release until June, 2004. 3. After returning to Minnesota, Mr. Rejsa applied for and was granted a provisional taxicab drivers license by the City of St. Paul ("City"). The license was made permanent, subject to annual renewals, on June 21, 2002. Although the license expired June 21, 2003, Mr. Rejsa is ailowed to continue operating a taxi in St. Paul, pending the final disposition of this case. 4. The criminal history background check run by the City's Office of Licensing, Ins�ec±ions and Er�vironmental Protec:ion a; t�,e ti��e of P��. �ejsa's iniiial application did not reveal his criminal record from outside Minnesota. When the Licensee applied for license renewal in March 2003, however, he was informed that his Arizona conviction from 2001 would be the basis for a recommended deniai of license renewal. St. Paul Legislative Code § 376.16(e)(4), cited as the legal authority for the proposed denial, requires that an applicant shall have no felony convictions in the last five years in order to be eligibie for a taxi driver's license. Mr. Rejsa appealed, and appeared before the Councii in April, 2003. The Council referred the matter to the Office ofAdministrative Hearings. 5. Since he was granted a taxi driver's license in 2002, the Licensee has been employed as a driver for Yellow Cab Company of St. Paul. He has been a reliable, responsible employee with an excellent performance record (no complaints, and several compliments, have been expressed to Company management about Mr. Rejsa). He hopes to be able to continue working as a taxi driver, which employment gives him a steady income and provides a grounding for approaching life with a purpose. Having a steady income will enable the Applicant also to continue funding his civii service pension, which he can fund fully in approximately nine months (Mr. Rejsa was a U.S. Postal Service Worker for 28 years). He believes he is not at risk to reoffend, because of the combined factors of having to go back to jail (which he hated) if he does reoffend and the incentive he has to keep workir.g steadily ar.d get his pension funded fully. Mr. Rejsa is 53 years old. 6. Mr. Rejsa's crime, transportation of drugs for sale in his motor vehicle, relates directly to the occupation of taxicab driver. Members of the public, who frequently ride alone wifh taxi drivers, are vuinerable to an approach by a driver to engage in illegal activity, such as the sale of controlled substances. The Applicant has presented no evidence about the nature, seriousness or the circumstances relating to his crime that show mitigating circumstances (he agreed freely to transport the drugs for money, because he needed "easy" money to finance a pending lawsuit against his former employer). Apart from testimony as to his fitness as a driver offered by the owner/manager of the Yellow Cab Company of St. Paul, no other witnesses or letters of reference in Mr. Rejsa's support have been produced. 2 t�; l�•)� Based on the above �indings, the Administrative Law Judge makes the following: CONCLUSIONS ' 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this case under Minn. Stat. § 14.55 and St. Paul Legislative Code §§ 310.05, 376.16. 2. Mr. Rejsa received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. The City has the authority to deny a taxicab driver's license to a person who has had a felony conviction within the last five years under St. Pau! Legislative Code § 376.16(e)(4). 4. Under Minn. Stat. § 364.03, Mr. Rejsa cannot be disqualified from licensure as a taxicab driver by the City uniess the crime for which he was convicted relates directly to the occupation for which he seeks a license. Mr. Rejsa's felony conviction for attempted transportation of a dangerous drug for sale relates directly to the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 2. 5. Under Minn. Stat. § 364.�3, subd. 3, a person who has been convicted of a crime which relates directly to the occupation for which he seeks a license shali not be disqualified from such an occupational license if he can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. Mr. Rejsa has not demonstrated by a preponderance of the evidence that he has shown evidence of sufficient rehabilitation and present fitness to perform the duties of a taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council DENY the application by James P. Rejsa for renewal of a taxicab license. Dated this a� �day of June, 2003 �C .�� RICH D C. LUIS Administrative Law Judge Reported: Taped No transcript. .c7 03 �� MEMORANDUM M.r. Rejsa made no contention that the occupation of taxicab driver does not relafe directly to his felony conviction for attempted transportation of a dangerous drug for sale. The Administ�ative Law Judge is persuaded by the City's argument that the conviction in this case is related to the occupation for which licensure is sought because patrons of taxicabs could be approached by the vehicle's operator to engage in illicit activity, such as the purchase or use of illegal drugs. - The inquiry now turns to whether Mr. Rejsa's demonstration of rehabilifation and present fitness to perform the occupation of taxicab driver is sufficienf to meef the standards found at Minn. Stat. § 364.03. Under subdivision 3 of that statute, sufficient evidence of rehabilitation may be established by production of a release order from the state where the disquali�j�i�g com�iction arose. Th� record shav�.rs that t�?r. Rejsa has no such order, because he is still under sentence for approximately one more year. The statute also recognizes evidence showing compliance with all terms and conditions of probation or parole, a condition which Mr. Rejsa, who is still on parole, is unable to satisfy. in addition to such documentary evidence, an appiicant for licensure can present evidence regarding the nature and seriousness of the crime, all circumstances relative to the crime (including mitigating circumstances) and other competent evidence of rehabilitation and present fitness including, but not limited to, letters of reference by persons who have been in contact with the applicant since the applicanYs release from jail. Mr. Rejsa presented no such evidence, except for testimony to the effect that he has been a fine, competent taxicab driver. The Administrative Law Judge is impressed by Mr. Re)sa's sincerity when he says that his current ambition in life is to earn money in a steady job, and stay away from criminal activity. However, he still is disqualified from the receipt of a taxicab driver's license for five years subsequent to his 2001 conviction, unless he can show sufficient evidence of rehabilitation to satisfy Minn. Stat. § 364.03. The statute provides for specific methods by which an applicant can demonstrate such rehabilitation and present fitness to perform the occupation for which licensure is sought. In this case, P�Ir. Rejsa's evidence falls short of the "competent evidence" standard contemplated by the law. As a result, it has been recommended that his application for license renewal be denied. R.C.L. 0 O3 1(e� OFFICE OF THE CITY ATTORNEY ManueT J Cervantes, Ciry Attorney CITY OF SAINT PALTL CivilDivision R¢ndy C. Kel1y, Mayor 400 Ciry Hall I S West KeIIogg Blvd. Sairst Paul, Minnuat¢ 55101 � June 30, 2003 NOTICE OF COUNCIL HEARING 7ames P. Rejsa 300 Wamer Avenue North Mahtomedi, MN 55115 RE: Renewal Application for a Saint Paul Taacicab Driver's License DearMr. Rejsa: Telep6one: 657 266-8710 Facsimi/e: 65l 298-5619 Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, July 23, 2003, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You haue the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � ' J �� Gk � Virginia D. Palmer Assistant City Attorney cc: Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP �d3�i€��i1 ',��3�<a�C� ��II��Y ,�(�� 0 j 2003 AA-ADA-EEO Employer City Council action minutes for July 23th, 2003 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 23, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 p.m. Page 1 of 6 CITY COLTNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard � � _, �j�� / Mary Erickson - 651-266-8565 Chris Rider - 651-266-8633 Office of the City Council Web Index • Consent A.�enda . Communications and Administrative Orders . For Action . Far Discussion -- • Ordinances . Public Hearinas ��",r�� . Llfr�� GZ�x�� ✓ Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 8) NOTE: ALL ITEMS LISTED LINDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. The following communication was read into the record: Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing before the City Council on August 6, 2003, to consider the application for a sound level variance by Tom Scanlon, President and Owner of The Dubliner Pub, 2162 University Avenue West, to allow live Irish music in the parking lot on August 19, 2003 from 6:00 p.m. to 12:00 midnight. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 8/20/2003 http://www.ci.stpaul.mn.us/counciU2003/ju 2303cm.html City Council action minutes for July 23th, 2003 Page 5 of 6 expenses for providing weekly garbage hauling service for the first quarter of 2003 (J03TRASHIQ), and suminary abatements (properiy clean-up) for part of April of 2003 (J0304A). (Legislative Hearing Officer recommends the following: 483 Arlington Avenue East (J0304A) - Approval of the assessment; 104 Larpenteur Avenue West (J03TRASHIQ) - Reducing the assessment from $120.00 to $50.00 plus the $20.00 service fee for a total assessment of $70.00; 106 Manitoba Avenue -(J0304A} - Approval of the assessment; 876 Rice Sreet (J0304A) - Approval of the assessment; 1094 Ross Avenue (J0304A) - Approval of the assessment) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0 27. Public hearing to consider the report of the Administrative Law Judge conceming all licenses held by Cab's Pub & Eatery, Inc. 992 Arcade Street. Adopted the Findings of Fact, Conclusions of Law and Recommendation of the Administrative Law Judge ($500 fine imposed pius payment of one-half of the Administrative Law Judge Hearing fees) Yeas - 6 Nays - 0 28. Public hearing to consider the report of the Administrative Law Judge regarding the renewal application for a Saint Paul Ta�cicab Driver's License by James P. Rejsa. Adopted the Findings of Fact, Conclusions of Law and Recommendation of the Administrative Law Judge (application denied) Yeas - 4 Nays - 2(Benanav, Reiter) 29. Public hearing to consider the appeal of Mark Moser to a decision of the Board of Zoning Appeals granting two variances in order to conshuct a new single famiIy home on the southeast corner of Gotzian and East Third Streets. Motion of Intent - Appeal granted Yeas - 6 Nays - 0 30. Public hearing to consider the application of Eastside Neighborhood Development Co. and Mary Morelli to rezone property from RT-1 (Two Family Residential District) to B-2 (Community Business District) to permit retail uses, offices and residential uses at 565 and 573 Payne Avenue, northwest comer of Hopkins Sh Motion of Intent - Application granted Yeas - 6 Nays - 0 31. Public hearing to consider the application of Thomas DeLisle to rezone property from OS-1 (Local Office Service District) to B-1 (Local Business District) to permit a grocery/deli and residential units at 1236 East 7th Street, southwest corner of Atlantic Street. Motion of Intent - Application Denied Yeas - 4 Nays - 2(Blakey, Reiter) 32. Public hearing to consider the applicarion of Mike Kelly to rezone property from R-4 (one-family residential) to B-2 (community business) at 268 Cleveland Avenue South (at Berkley one block south of St. Clair). Motion of Intent - Application Denied Yeas - 6 Nays - 0 Reconsidered Item: Resolution - 03-684 - Relating to the conshuction and financing of a new Fire Station No. 8, Department ofFire and Safety Services. http://www.ci.stpaul.mn.us/counciU2003/ju12303cm.html 8/20/2003 r r � v i�/� � � �c�v�a 1�1I�1 1 4 2003 �iT'= -�;�ER14 � _ � V� � �'rJ�—f 1,---/�7_r�= � s�-�� JUL 11 2Q03 Y ATT�R! d'�� > t 5 i �F'�� , �.. s---� =�� J � � �� a � i� �� a � � jE � —= � � _ �� vJ�}° �� V V �. � � a , �� f o� �� =' � �� % ,ev� /'1 � � Ee. �J` ,� �. � c-�.� s � � �� .1,�� /� � � l� i 1 Q,� � � T1�� d f',� ��2. 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C� � , �— �i _ � Ge,� �� U ✓�/ � . _---_ � G��t�.�/�.� !`j � - �� -� ' � 9 _______�� !^ � 4 7� �� G�,��, _ � , , � � < �„I i � � v i; � �� ' _� r�� J. / �, �j'�J � l-'tC (r� � -- /'( �. sr--- % � 1'ir�r�'� ,/ n G � �-- l� � � � i Y STATE OF MINNESOTA OFFICE OF ADMIlVISTRAITVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 R£C�1VED June 27. 2003 'JUN � 0 2003 CiTY CLERK Donald Luna, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In the Matter of the Taxicab Driver License Renewal Application of James P. Rejsa; OAH Docket No. 7-6020-15408-3 Dear Mr. Luna: � Enclosed herewith and served upon you by mail is the Administrative Law Judge's FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION in the above-entitied matter. Aiso enciosed is the ofFicial record, with the exception of the tape recording of the hearing. If you would like a copy of the tape, please contact our office in writing or telephone 612-341-7448. Very truly yours, RCL:mo Encl. cc: Virginia D. Palmer James P. Rejsa ��. RICHARD C. LU1S Administrative Law Judge Telephone: (612) 349-2542 Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665 Docket No. 7-6020-15408-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver License Renewal Application of James P. Rejsa FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Richard C. Luis at the St. Paul City Hall on June 5, 2003. Virginia D. Palmer, Assistant City Attorney, 400 City Nal{, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office of Licensing, Inspections and Environmental Protection (LIEP). James P. Rejsa, 300 Warner Avenue North, Mahtomedi, Minnesota 55115, appeared on his own behalf. The record closed at the conclusion of the hearing on June 5. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council wifl make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), The Council shall not make a final decision until the parties have had an opportunity to present oral or written arguments to the Council. The parties should contact City Clerk Donald Luna, 170 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102 for information concerning the scheduling of argument, if any, and the date on which the Council will meet to decide this matter. ISSUE Whether the application for license renewal by James P. Rejsa should be denied because he has a felony conviction within the last five years? Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On February 9, 2001, James P. Rejsa ("Applicant", "Licensee") was apprehended while driving his personal vehicle in Pinal County, Arizona, in the process of transporting a large amount of a controlled substance from Arizona to Minnesota in return for an unspecified amount of money. 2. On May 21, 2001, Mr. Rejsa pleaded guilty to the Attempted Transportation of a Dangerous Drug for Sale, a Class 3 felony under Arizona statutes, before a Superior Court Judge in Pinal County. He received a suspended sentence of three years, which expires June 21, 2004, and was required to serve the first nine months (less 48 days' credit for pretrial confinement) in the Pinal County jail in Fiorence, Arizona. After his release from jail, Mr. Rejsa returned to Minnesota, where he remains on probation for his Arizona conviction under the supervision of a parole officer in Washington County. As of the date of the hearing, Mr. Rejsa had not been released from his sentence, and he remained ineligible for release until June, 2004. 3. After returning to Minnesota, Mr. Rejsa applied for and was granted a provisional taxicab drivers license by the City of St. Paul ("City"). The license was made permanent, subject to annual renewals, on June 21, 2002. Although the license expired June 21, 2003, Mr. Rejsa is allowed to continue operating a taxi in St. Paul, pending the final disposition of this case. 4. The criminal history background check run by the City's Office of Licensing, Inspections and Environmental Protection at the time of Mr. Rejsa's initial application did not reveal his criminal record from outside Minnesota. When the Licensee applied for license renewal in March 2003, however, he was informed that his Arizona conviction from 2001 would be the basis for a recommended denial of license renewal. St. Paul Legislative Code § 376.16(e)(4), cited as the legal authority for the proposed denial, requires that an applicant shall have no felony convictions in the last five years in order to be eligible for a taxi driver's license. Mr. Rejsa appealed, and appeared before the Council in April, 2003. The Council referred the matter to the Office of Administrative Hearings. 5. Since he was granted a taxi driver's license in 2002, the Licensee has been employed as a driver for Yellow Cab Company of St. Paul. He has been a reliable, responsible employee with an excellent performance record (no complaints, and several compliments, have been expressed to Company management about Mr. Rejsa). He hopes to be able to continue working as a taxi driver, which employment gives him a steady income and provides a grounding for approaching life with a purpose. Having a steady income will enable the Applicant also to continue funding his civil service pension, which he can fund fully in approximately nine months (Mr. Rejsa was a U.S. Postal Service Worker for 28 years). He believes he is not at risk to reoffend, because of the combined factors of having to go back to jail (which he hated) if he does reoffend, and the incentive he has to keep working steadily and get his pension funded fully. Mr. Rejsa is 53 years old. 6. Mr. Rejsa's crime, transportation of drugs for sale in his motor vehicle, relates directly to the occupation of taxicab driver. Members of the public, who frequently ride alone with taxi drivers, are vulnerable to an approach by a driver to engage in illegal activity, such as the sale of controlled substances. The Applicant has presented no evidence about the nature, seriousness or the circumstances relating to his crime that show mitigating circumstances (he agreed freely to transport the drugs for money, because he needed "easy" money to finance a pending lawsuit against his former employer). Apart from testimony as to his fitness as a driver offered by the ownerlmanager of the Yellow Cab Company of St. Paul, no other witnesses or letters of reference in Mr. Rejsa's support have been produced. 2 Based on the above Findings, the Administrative Law Judge makes the following: CONCLUS{ONS 1. The Administrative Law Judge and the St. Pauf City Council have jurisdiction in this case under Minn. Stat. § 14.55 and St. Paul Legislative Code §§ 310.05, 376.16. 2. Mr. Rejsa received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. The City has the authority to deny a taxicab driver's license to a person who has had a felony conviction within the last five years under St. Paul Legislative Code § 376.16(e)(4). 4. Under Minn. Stat. § 364.03, Mr. Rejsa cannot be disqualified from licensure as a taxicab driver by the City unless the crime for which he was convicted relates directly to the occupation for which he seeks a license. Mr. Rejsa's felony conviction for attempted transportation of a dangerous drug for sale relates directly to the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 2. 5. Under Minn. Stat. § 364.03, subd. 3, a person who has been convicted of a crime which relates directly to the occupation for which he seeks a license shall not be disqualified from such an occupational license if he can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. Mr. Rejsa has not demonstrated by a preponderance of the evidence that he has shown evidence of sufficient rehabilitation and present fitness to perform the duties of a taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council DENY the application by James P. Rejsa for renewal of a taxicab license. Dated this a� �day of June, 2003 � c .,�.� RICH D C. LUfS Administrative Law Judge Reported: Taped No transcript. 3 MEMORANDUM Mr. Rejsa made no contention that the occupation of taxicab driver does not relate directly to his felony conviction for attempted transportation of a dangerous drug for sale. The Administrative Law Judge is persuaded by the City's argument that the conviction in this case is related to the occupation for which licensure is sought because patrons of taxicabs could be approached by the vehicle's operator to engage in illicit activity, such as the purchase or use of illegal drugs. The inquiry now turns to whether Mr. Rejsa's demonstration of rehabilitation and present fitness to pertorm the occupation of taxicab driver is sufficient to meet the standards found at Minn. Stat. § 364.03. Under subdivision 3 of that statute, sufficient evidence of rehabilitation may be established by production of a release order from the state where the disqualifying conviction arose. The record shows that Mr. Rejsa has no such order, because he is still under sentence for approximately one more year. The statute also recognizes evidence showing compliance with all terms and conditions of probation or parole, a condition which Mr. Rejsa, who is still on parole, is unable to satisfy. In addition to such documentary evidence, an applicant for licensure can present evidence regarding the nature and seriousness of the crime, all circumstances relative to the crime (including mitigating circumstances) and other competent evidence of rehabilitation and present fitness including, but not limited to, letters of reference by persons who have been in contact with the applicant since the applicanYs release from jail. Mr. Rejsa presented no such evidence, except for testimony to the effect that he has been a fine, competent taxicab driver. The Administrative Law Judge is impressed by Mr. Rejsa's sincerity when he says that his current ambition in life is to earn money in a steady job, and stay away from criminal activity. However, he still is disqualified from the receipt of a taxicab driver's license for five years subsequent to his 2001 conviction, unless he can show sufficient evidence of rehabilitation to satisfy Minn. Stat. § 364.03. The statute provides for specific methods by which an applicant can demonstrate such rehabilitation and present fitness to perform the occupation for which licensure is sought. In this case, Mr. Rejsa's evidence falls short of the "competent evidence" standard contemplated by the law. As a result, it has been recommended that his application for license renewal be denied. R.C.L. n STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the Taxicab OAH Docket No.: 7-6020-15408-3 Driver License Renewa{ Appfication of James P. Rejsa. Mary Osborn certifies that on the 27th day of June, 2003, she served a true and correct copy of the attached FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATtON; by plac+ng it in the United States ma+l, properly enveloped, with postage prepaid, addressed to the following individuals: Donald Luna, City Clerk Virginia D. Palmer 170 City Hall Assistant City Attorney 15 West Kellogg Boulevard 400 City Hall St. Paul, Minnesota 55102 15 West Kellogg Blvd. St. Paul, MN 55102 James P. Rejsa 300 Warner Ave. N. Mahtomedi, MN 55115 �_ OF`FICE OF ADMINISTRATIVE HEARINGS FOR TFIE COUNCIL OF THE CITY OF SAINT PAUL In Re The Taxicab Driver License Renewai Application Submitted by James P. Rejsa CITY'S PROPOSED EXFIIBITS June 5, 2003 TO: 7udge Richazd C. Luis, Administrative Law 7udge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on June 5, 2003. Exhibit No. Exh. No. 1 Description License information, dated March 3, 2003 (6 pp.); Exh. No. 2 Faaced copy ofthe Judgment And Order Suspending Sentence And Imposing Terms of Probation, and the Sentence of Probation, The Superior Court of Arizona, Pinal County, dated May 21, 2001 (6 pp.); Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Notice Of Intent To Deny License Applicarion, dated March 26, 2003, with Affidavit of Service (3 pp.); Letter from James P. Rejsa to Virgnua D. Palmer, dated April 1, 2003 � PP•); Notice Of Council Hearing, dated April 23, 2003, with Affidavit of Service � PP•)> Saint Paul City Council Acrion Minutes, May 7, 2003 (11 pp.); Exh. No. 7 Notice of Hearing, dated May 9, 2003, with Affidauit of Service (3 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul L,egislative Code § 310.06 St. Paul Legislative Code § 376.16(e)(4) Mimi. Stat. Chapter 364 Respectfully submitted this Sth day of June, 2003. � '- Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 - Lice6se Grdup Comments Text �Licensee: �qry�ES P REJSA �BR+� JAMES P REJSA License #: 20020001329 03/03/2003 To CAO for review of record check. CAR 06/17/2002 Sent letter: passed course - must exchange prov. lic. for regular. RS OS/74/2002 Sent letter re June classes. RS 03/03/2003 � In Re Ta�cab Driver License Renewal �1pplicaHon Submitted By James P. Rejsa —. City's Exhibit No. 1 ivR 'Pry ��%vo;) �q u � �H ;:.I 9mim � c^ OE'�. 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Rejsa _ � 0� �� City's Exhibit No. 2 _� � i \ �� ' � / „ TFIE SIIPERIOR COURT OF ART ZONA ' � a--/� � / �' .- !� ` PINAb' COUNTY �. `'t(%� � ... iZ• T�; STATE OF ARI20i1A, CASE NO:'r.x7mm�n�73 ' � � � � JUDQSSNT .AND .ORDER SIISPSNDING � _� SENTSNCE AND IHPOSING TBRbSS V5. OF PROBp,TIOH Sh�(ES PATRICK RETSA. � �Defendant. ZT IS THE JVDGlS2N2 OF THIS COqRT TNAT T88 DEPBNDPtIT IS GOZLIR OP � 1 OF oRDERED snspcnding impoa(Qon ot senlence tor n puiod a[_,� y�r(s) ffiSi4�➢�' 4nm �te and placlag Tlefendant oa (suyecvlsY�) (ntb�etfI�Y7!) robutlon �.adcr lLe anpefr(qlon o[ ihc Adnit Pxoberioa Ik}wrimenl oTihSs Cany{ m thosc icrmc and regolxtloag o[ � p tlon whicD aTe theckcd bclow� ILeRlor4 � [] REQrSfdTID AS OF ( . ,' ��-rtmenc�n5 .�urE 2��20V� [ jCONCURREM'I'WTI'HCASENO. AS SI'A�'DARD TIItMS TIIE DF��DANT SFiALi,: [� 16. Pay w tho Clerk of the supetlor court: (Ki � wT .w, nurs es � uw nnmMC amarv. 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ML' IN AIUN� WIIH i88 LAi7 7 A[60 INDNASTAYD'r C Y' GBIS M.aY eE RkS1UR� suT1G7yY OA BY.�PPIJt'.t'no CDIIAT: AS PAOV ►Y CaaPrvR s, Trsic y � / W � • _._ �_ . _ . _ .��"lfl�� .� . P.ez 0 OJi26/03 14ED 08:31 FA% a , OFFICE llISTRISUTION �zl arvu�ov v �x� }TTS��TTY.FF.F,C�R52�'{TUTfON �S� 80.�'DS:REFLTb�FORFEtiVRE �al co�m�rrnrrm�vcrrnnisn �z� nnc�Lrexoannrn �z� scmrtnEttn'u�ltr�L�axav �\� PCSO-I�IL �T� PCSO-F.�'IDFNCHR0011 .._�i i� I�n �` � ��i i` ` � _. .. _.1'. .. _ �r �' � �.i.,�Y 2 � '�n� � -' IN � SU�ERIOR COURT 0� PL�TAT. COLn'TY, STAZ'E OF ARI70�iA nate os�zii2ooi 1LVCE HONORASLE STEPHEN F. McCAR�'II,L� DI�7SION 1 COURT REPORTER �.nn 1�7c7nnis ADDAESS TTiE STAT� OP ARIZO�IA, vs. .la�rES pa�rrucz� z�.TS�., PlaintiYP, Defendants. Date of Bir[h: 03/OS/1950 Case No. CR200100173 MIIVLJTE EIVTRY ACTION: SENTENCE OF PROBATTON l l:a5 a.m_ The State is represented by Deputy County Attorney, Michael walsh; [xJ Defendant anpearing in person and with counsel; Dwicrht P. Callahan, Deputv Public Defender. . The RECORD MAY SHOW that the attorneys have agreed that defendant may commence is jail term on June 21, 20D1. Court Reporter, Ann McZnnis is present. The Defendant is advised of the determination of guilt and is given tr�e opportunity to speak. Pursuant to A.R.S.� Section 13-607, the Court finds as follows: [;c] WAIVER OF TRIAL The Defendar_t knowingly, intelligently a�:d voluntarily waived his right to a trial with or without a jury, his right to confroat and cross-examine witresses, his right to testi°_y or remain silent and his right to present evidence and call his o•.�n witnesses after having been a3vised o= these rights. T_^-e determination of guilt was based upon a plea of Gt;ZLTY. MRR 11�37 r.�„ k�ed in Court Iiccord Date: Mav 22. 2007 Time: ]2:00 n.m. ALMA JEIr?�i'GS HAUGHT, CLERK sr Nancv s. co;t, Deputy 96i P.03 03/26/OJ 1YED 08:31 FAR .� Case No. C12200100173 �oo� •_ � Pagc 2 IT IS TAE JUDGMENT OF THE COURT that the Defendant is guilty of the crime of COUNT 2, ATTEMPTED TRANSPORTATION OF A DANGEROUS DRUG FOR SALE, , a C1ass 3 felony, non-danaerous and non-repetitive offense, in violation of A.R.S. §13-3407(A1(7). 13-3�01, 13-1001lA)(2), 13- 1�01(C)(2}, 13-701 and 13-801 committed on Februarv 9. 2061. Upon consideratior_ of the offense, and the facts, law and circumstances involved in this case, the Court finds that the Defendant is eligible for probation. The specific reasons for the granting of probation are stated by the Court on the record. [x] The Court finds that the term of pxobation saould include incarceration in the County Jai1 as a term and condition of probation. As punishment for this/these crime(s), [x] IT IS ORDERED suspending imposition oi sentence and placing the Defendant on SUPERVISED probation for a period of three (3) vears commencS.ng JUNE 21. 2001 under the supervision of trie Adult Probation Departmerzt of this Court, in accordance with the formal Judgement and Order suspending sentence and imposing terms of probation signed by the Court. As a condition of probation, [x] IT IS ORDERED that the Defendant be incarcerated in the Pinal County Jail for a period of 270 DAYS FLAT TIME commencing JU^7E 21 2001 with credit for 48 days served. [x) If defendant cannot appear to report on the aftemoon of June 20, 2001, he shall report to the Adult Probation Department no later than 8:30 a_m. on June 21, 2001, and he shall repozt to the jail no later than 10:00 a.m. on June 21, 2001. Failure to report to adult px'obation and Pinal County Jail will result in a bench warrant being issued for the defendant's arrest_ MRR-26-20�3 11=38 46i P•2� ua to;us tli uy:az rA.� `� Case No. CR200100i73 FINANCIAL QBLIGATION ASSESSMEN`I'S SUrERVTSION FE� (Adu�t Probation) G� �� [x] =T IS ORDERED that the defendant sha11 pay the _ollowir.c financia? obliaations in the amoun'ts and man�er zs set �orth belou to Clerk o.' Superior Court oi Pinal County: �X) TYPE OF OBLIGATION TOTAL OBLIGATION (x] (16 f_) IN"IERSTATE COMPACT FEE 200.00 [x] (16 h.) [x] [x] ix1 Pagc 3 MON'TFiLY PAYMSNT S 5�0.00 IT IS FL�THER ORDBRED defendant shall pay the $200.00 Interstate Compact Fee by June 21, 2001. FURTHER ORDERED the probation supe? fee shall be paid by tr° defendant iz he is in Pinal County and cut of custody. FJRT'r.ER ORDERED any Pina1 County Sut�erior Cou t 0 de £or reimburseme�c o� court-appointed attorney fees is hereby rescinded. The wriccen [e:'ers aad conditicr.s of pro5a[icn zre hsnded to Che Dcf<r.dar.t fos explanatSon, acceptar.ce, er.� si5nzture. Defendant agzees to t_*.e stated waiver of righc o.f extraciCion. The Defendalt as advieed ccr.ce�:iing the cor.;eaucnces of failure to atide Sy the ca^.dicioaa o° p�obscion. The Defendant is a3vised cancerniag rights of appeal aad wr_�[en nocice oP thosc rigrts is provid_d. [Y7 ORDERED granting the State�s Motion to Dism�ss anv remainir.� charcres in the Indictment nct - d�itted to nursuant to n1e aqreement_ [;c] ORDERED exonerating any bond on ��ir7E 21, 2001, npon defendar_ reporting to the Pina1 Cour_ty Jail. FI�ED: Conditions of Prebation an3 Notice of Ricrts o° Revie After Conviction, both signed by the Defendant and cooies provided to the Defendant. Let the record reflect that the Defendaat's fingerprirt i� permanently affixed to this sentencing order in opea Cokrt. 12:0� o.m Hearing Concludes. MFR-Z6-2�23 ?1�38 97i p.�5 09i26/03 WED 08:32 FAX Case No. CR200100173 ( Affi:c Finge�pzinr He_e t l � � NDGE OF THE SUPERIOR COURT Aefendant's Address: 300 Warner Avenue North, Mahcomedi, Minnesota 55115 Defendant's SSN: 473-583509 DR No.: 2001-009172 Mailed/dis�n�bulcd copy(s):OSl22/2001 cc: OLD WEST $ONDING P 0 BOX 2927 FI,OI2ENCE AZ 85232 Pnge 4 MRR-26-2903 11�38 97i P.E6 �006 v 09/26/03 WED 08:92 FAR t/ Case Ivo. CFt200100173 �� Ysgc 5 r,� , , STATE OF ARtZONA) ) ss COUNTY OF PIYAL) I, ALMA JENNINGS HAUGHT, Clerk of the SuQerior Cour[, State of Arizona, in and for che Counry of Pin�1, do heseby ce�tify [hat I have compazed [he foregoing copy of a SEN7'ENCE OF PROBATION and of the endorscmerc thereupon, with the originaI records of the sazne xemaiTiing in this office, and that thc sazne 2re correct ffanscripu cherefrnm, and the whole of said orininal records. Witness my hand and seal of said Coun afFixed [his 22nd day of Mav, 2001. ALMA JENNINGS HAUGHT, Clerk � MAR-26-2083 11�38 Clerk 97i P.07 i ! OFFICE OF THE CITY ATTORNEY Marsuel J. Cervanteg Ciry Attomey CITY OF SAINT PAUL Randy C. Kelly, M¢yor Mazch 26, 2003 CivilDivision 400 City Hall /5 Wut Kellogg Blvd. Saint Paul, Minnuota 55102 NOTICE OF INTENT TO DENY LICENSE APPLICATION James P. Rejsa 300 Warner Avenue North Mahtomedi, MN 55115 RE: Application for a Saint Paul Tasicab Driver's License DearMr. Rejsa: Telephone: 65! 26687I0 F¢csimile: 651298-5619 The Office of License, Inspection and Environxnental Protection has recommended denial of the tazicab driver's license application you submitted. The basis for the recommendation is as follows: A criminal history check shows a May 21, 2001 conviction in Arizona for a Level 3 Felony, Attempted Transportation of Dangerous Drug for Sale. Saint Paul Legislative Code § 376. 16 (e)(4) requires that to be eligible for a license an applicant shall Lave no felony convictions in the last five (5) years. If you do not dispute the above facts, you may withdraw your application at this time. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violations and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appeaz and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I wiil schedule an evidentiary hearing before an Administrative Law Judge (AL7). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. � In Re Talucab Driver License Renewal � —Application Submitted By James P. Rejsa —: AA-ADA-EEO Employer Cl�' Exhibit No. 3 � F r . • Page 2 James P. Rejsa March 26, 2003 • If you have not contacted me by Monday, ApriI 7, 2003, I will assume that you are not contesting the facts and will schedule this matter for the St Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended denial of your application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, � �.�� P.,� � Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Rich Jents, LIEP Reid Soley, LIEP AA-ADA-EEO Employer . � STATE OF MIIVNESOTA ) ) ss COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY U.S. MAIL Rita M. Bossazd, being first duly sworn, deposes and says that on the 27`" day of March, 2003, at the City of Saint Paul, county and state aforementioned, (s)he served the attached Notice of Intent to Deny License Applicationby depositing copies of same in the United States mail at the City of Saint Paul, true and correct copies thereof, properly enveloped, with first class postage prepaid, and addressed to the following individuaUindividuals. James P. Rejsa 300 Warner Avenue North Mahtomedi, MN SSllS Subscribed and sworn to before me this 27�' day of March, 2003. ��'1 ( vt- lk-8 Notary Public !� ir� Rita M. Bossard �,�� p�f+,.�'c�R�� Ffi. 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Te[ephone: 651 266-8710 Facsimile: 651298-5619 Apri123, 2003 NOTICE OF COUNCIL HEARING James P. Rejsa 300 Wamer Avenue North Mahtomedi, MN 55115 RE: Taxicab Driver License Renewal Application submitted by James P. Rej sa Deaz Mr. Rejsa: Please take notice that a public hearing concerning your taacicab driver's license renewal application has been scheduled for 5:30 p.m., Wednesday, May 7, 2003, and will be held in the City Council Chambers, Third Floor, Saint Paui City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts concerning your felony conviction for Attempted Transportation of Dangerous Dnxgs for Sale have not been disputed. The recommendation of the licensing office is for the denial of your taxicab driver's license renewal application. If you have any questions, please call me at 266-8710. � Virginia D. Palmer Assistant City Attomey %� ti-w� ��-� Very truly yours, cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LlEP Rich Jents, LIEP Reid Soley, LIEP � In Re Ta�cab Driver License Renewal �lpplication Submitted By James P. Rejsa —, City's Exhibit No. 5 STAT'E OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Apri125 , 2003, served the attached NOT'ICE OF COUNCIL MEETING placing a true and conect copy thereof in an envelope addressed as follows: James P. Rejsa 300 Warner Avenue North St. Paul, MN. 55115 (which is the last Irnown address of said person) United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 14th day of April, 2003. ^ Notary Public the same, with postage prepaid, in the �,.,�, � � aR�f�ao�t� ,�.- �viiBi�-tAiNNESOFA ,� �� r:o;,�r,a;ss�ora e.,e=x�ti , �a�a �s, a� � CSTY OF @ F� 9. � x o _ .� � eHf��;R ro � IIHL I � 1 a h �� I85'� � ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 7, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Benanav, Coleman (both arrived after roll call) CONSENT AGENDA (Items 1 - 32) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BYA COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 2. 3. L'� Claims of David Benshoff, Cecelia Dodge, Jon and Lesley Doehr, Bill and Polly Haas, Lucille Kampa, Lawrence Klecker, Kathleen Maloney, Roger Nielsen, John Pole, Barbara Quast, Kevin Scoles, and Xcel Energy, Inc. Referred to the Risk Management Division Summons and Complaint in the matter of Rodney Thompson vs. the City of Saint Paul, et al. Referred to the City Attorney's Office Summons and Complaint in the matter of Judith & David Gabrielson vs. the City of Saint Paul, et al. Referred to the City Attorney's Office Summons in the matter of the application of Rita M. Ryan to register title to � In Re Taxicab Driver License Renewal —Application Submitted By James P. Rejsa _ City's Exhibit No. 6 May 7, 2003, City Council Action Minutes Page 2 certain land, to wit Lots 12, 13, 14, 15, 16, 17 and 18, Block 4, Foundry Addition to St. Paul. Referred to the City Attorney's Office Notice of Commission Hearing as to Parcel2 in the matter of the Saint Paul Housing and Redevelopment Authority vs. the City of Saint Paul, et al. (Condemnation of real property for the Hillcrest Village Redevelopment project). Referred to the City Attorney's Office 6. Communication from Robins, Kaplan, Miller & Ciresi, LLP In the Matter of an Application for an Amended Certificate of Authority by Time Warner Telecom of Minnesota, LLC to provide facilities-based local telephone service. Referred to the City Attorney's Office 7. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on May 28, 2003, to consider the application of Rice Street Properties to rezone properiy from I-2 to I-1 Industrial to correspond with proposed parcel lines at 801 Rice Street. 8. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on May 28, 2003, to consider the appiication for a lot split by Rice Street Properties with a variance to create two industrial parcels and to facilitate a transfer of ownership and tie the parcels to the adjacent owners at 801 Rice Street. Letter from the Citizen Service Office/Division of Properry Code Enforcement declaring 794 Dayton Avenue and 1819 Sheridan Avenue as nuisance properties. (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 10. Administrative Orders: D002285 Amending the 2002 General Fund budget within Citizen Services to cover year-end variances. D002286 Authorizing payment to Byerly's, not to exceed $150.00, to cover expenses for food service to the participants in the Saint Paul Police Department's Professional Development Institute course on Graffiti Identification scheduled for Apri124, 2003. D002287 Amending the 2002 General Fund budget within City Council to cover year-end variances. D002288 Amending the 2002 General Fund budget within Human Resources May 7, 2003, City Council Action Minutes Page 3 to cover year-end variances. D002289 Increasing the budget of the Martin Luther King Sitework Project in the Deparhnent of Planning and Economic Development. Noted as on fite in the City Clerk's Office FOR ACTION 11. Resolution - 03-418 - Approving the appointments, by Mayor Kelly, of Charissa Bryant, Ellie Kidder, Kelsey Neumann, and Roger Schwagmeyer to the Mayor's Advisory Committee for People with Disabilities. Adopted Yeas - 7 Nays - 0 12 Resolution - 03-419 - Approving the appointment, by Mayor Kelly, of Stephanie Andrews and the reappointment of Teri McLaughlin to the Saint Paul Cultural Investment Program (Cultural STAR Board). Adopted Yeas - 7 Nays - 0 13. Resolution - 03-420 - Authorizing the Deputy Mayor and the City Engineer to enter into a cooperative construction agreement with the Minnesota Department of Transportation. Adopted Yeas - 7 Nays - 0 14. Resolution - 03-421 - Authorizing payment of $41,000.00 to the law firm of Rice, Michels & Johnson, LLP, attorneys for Patrick Smith, in full settlement of his claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 15 Resolution - 03-422 - Approving Battie Creek Booster Club to the 10% Club list of eligible recipients for 2003. Adopted Yeas - 7 Nays - 0 16. Resolution - 03-423 - Approving Johnson Area Baseball Boosters to the 10% Club list of eligible recipients for 2003. Adopted Yeas - 7 Nays - 0 17. Resolution - 03-424 - Authorizing changes to the 2003 Capital Improvement Budget. Adopted Yeas - 7 Nays - 0 May 7, 2003, City Council Action Minutes Page 4 18. Resolution - 03-425 - Accepting from the Minnesota Wild access credential for the Mayor and tickets for Councilmembers, the Deputy Mayor, Senior Policy Analyst, and the Director of the Deparhnent of Planning and Economic Development for the Narional Hockey League Playoffs and transportation to the Mayor to attend a Wild playoff game in Denver, and declaring the participation by official City representatives in these events serves the public purpose of supporting and showing commitment to a major asset of Saint Paul, encouraging further development and commitment in Saint Paul, and further enhancing Saint Paul as a place to live, work, and visit. Adopted Yeas - 5 Nays - 2 19. Resolution - 03-426 - Authorizing the Office of License, Inspections and Environmental Protection's Animal Control Center to accept at no charge two banks of cages from the Minnesota Hooved Animal Rescue Foundation. Adopted Yeas - 7 Nays - 0 20. Resolution - 03-427 - Designating banks to be used as depositories for city funds and investment programs in compliance with Minnesota Statutes, Chapter 118A. Adopted Yeas - 7 Nays - 0 21. Resolution - 03-428 - Concerning adverse action against the Taxicab Driver License Application submitted by Robert Coppock. Adopted Yeas - 7 Nays - 0 22. Resolution - 03-429 - Waiving the 60% consent requirement for a block parry/special event pernut for Grand Old Day to be held on Sunday, June 1, 2003. Adopted Yeas - 7 Nays - 0 23. Resolution - 03-430 - Calling for a Saint Paul street to be named for Cesar Chavez and establishing a Legislative Advisory Committee to make recommendations relative to which street should be so named. Adopted as amended Yeas - 7 Nays - 0 24. Resolution - 03-431 - Thanking Bobby Newton for his life and service and proclaiming Monday, May 12, 2003, to be Erwin Robert Newton Day in the City of Saint Paul. Adopted Yeas - 7 Nays - 0 25. Resolution - 03-432 - Authorizing the Depariment of Public Works to enter into an agreement with the Minnesota Transportation Museum to act as its agent in May 7, 2003, City Council Action Minutes receiving federal funds. Adopted Yeas - 7 Nays - 0 Page 5 26. Resolution - 03-433 - Authorizing application for a Tax Base Revitalization Grant from the Metropolitan Council for the Livingston Street Proj ect. Adopted Yeas - 7 Nays - 0 27. Preliminary Order 03-434 - In the matter of construction of a sanitary sewer/service connections and a water main/service connecrions in Winthrop Street from Springside Drive to Hadley Street and in Hadley Street from Winthrop Street to approximately 200 feet east of Winthrop Straet, and setting date of public hearing for June 4, 2003. Adopted Yeas - 7 Nays - 0 28. Preliminary Order - 03-435 - In the matter of condemning and taking of property rights as required for construction of Phalen Boulevard Phase II between Payne Avenue and Arcade Street, and setting date of public hearing for May 28, 2003. Adopted Yeas - 7 Nays - 0 29. Preliminary Order - 03-436 - In the matter of the construction of a twin lantern street lighting system on the northwest side of East 7th Street from approximately 104 feet northeast of Beech Street to Minnehaha Avenue and the southeast of East 7th Street from Beech Street to Mendota Street/Minnehaha Avenue and on East 7th Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue and setting date of public hearing for June 4, 2003. (File Nos. 18987 and 18988) Adopted Yeas - 7 Nays - 0 30. Resolution Approving Assessment - 03-437 - In the matter of the assessment of benefits, cost and expenses for summary abatements (properiy clean-up) for part of February 2003 to part of Apri12003 (J0303A); summary abatements (snow/ice removal and/or sanding of walks) for part of February 2003 to part of March 2003 (J0302SN0�; demolition of buildings for part of March 2003 (J0302C); and boarding-up vacant buildings for March 2003, and setting date of public hearing for June 25, 2003. Adopted Yeas - 7 Nays - 0 31. Resolution Approving Assessment - 03-438 - In the matter of approving the assessment of benefits, costs and expenses for the construction of a water service connection in conjunction with the Knapp/Hillside Area RSVP Project, and May 7, 2003, City Council Action Minutes setting date of public hearing for June 25, 2003. (File No. 18930WC) Adopted Yeas - 7 Nays - 0 Page 6 32. Resolution Approving Assessment - 03-439 - In the matter of approving the assessment of benefits, costs and expenses for the construction of sanitary sewer connecrions and a storm sewer connection in conjuncrion with the Knapp/Hillside Area RSVP Project, and setting date of public hearing for June 25, 2003. (File No. 18930SC) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 33. Resolution - 02-990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from November 6) Laid over to August 6 Yeas - 7 Nays - 0 34. Final Order in Condemnation Proceedings - 03-317 - In the matter of acquiring permanent easements for right-of-way purposes and temporary construction easements to improve White Beaz Avenue from Hoyt Avenue to Larpenteur Avenue. (File No. AE2003-1) (Laid over from Apri123) Adopted (a revised map was approved) Yeas - 7 Nays - 0 ORDINANCES NOTE: AN ORDINANCE IS A CITYLAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 35. Final Adoption - 03-368 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such service only to the downtown business district or commercial development districts. Adopted Yeas - 7 Nays - 0 36. Final Adoption - 03-369 - An ordinance amending Chapter 179 of the Saint Paul Legislative Code to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such service only to the downtown business May 7, 2003, City Council Action Minutes Page 7 district or commercial development districts. Adopted Yeas - 7 Nays - 0 37. Final Adoption - 03-370 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such service only to the downtown business district or commercial development districts. Adopted Yeas - 7 Nays - 0 38. Final Adoption - 03-371 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such service only to the downtown business district or commercial development districts. Adopted Yeas - 7 Nays - 0 39. Final Adoption - 03-372 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of such service only to the downtown business district or commercial development districts. (Substitute introduced on April 23) Adopted Yeas - 7 Nays - 0 40. Final Adoption - 03-374 - An ordinance amending the interim ordinance adopted pursuant to Minnesota Statute § 462.355, Subd. 4, in Council File No. 02-1115 on December 26, 2002, which preserved the status quo with respect to the use of property in the Sunray area. Adopted Yeas - 7 Nays - 0 41. First Reading - 03-440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to impose administrative penalties for dogs which repeatedly run at large, to provide a method for destruction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or spayed. Laid over to May 14 for second reading 42. First Reading - 03-441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code aliowing skateboarding in Saint Paul unless indicated otherwise. Laid over to May 14 for second reading PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) May 7, 2003, City Council Action Minutes ..:. . 43. Third Reading - 03-367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code pertaining to sports facilities sponsorship signs. (Laid over from April 16) (A substitute ordinance will be introduced on May 7) Substitute introduced and laid over to May 21 for final adoption Yeas - 7 Nays - 0 The City Council requested that staffs from Parks and Recreation and Planning and Economic Development provide a report at their May 14, 2003, City Council Meeting on language refinement of the proposed ordinance and study whether the City could deny sponsorship privileges to certain groups. Also, a legal opinion was requested by the City Attorney's Office on this issue. 44. Third Reading - 03-388 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to permit alcohol to be served on streets surrounding Hamet Island during the Taste of Minnesota Festival, if such streets are blocked off as part of a block party permit. Laid over to May 14 for final adoption 45. Resolurion - 03-442 - Authorizing the Housing and Redevelopment Authority to issue a Housing Revenue Bond for the Episcopal Corporation for the Elderly in Phase II. Adopted Yeas - 7 Nays - 0 46. Resolution - 03-340 - Ordering the owner to remove or repair the building at 718 Sherburne Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property provided the following items are completed by noon on April 23, 2003: 1) provide evidence of a clear title for the properiy, 2) provide purchase agreement with a developer, 3) post a$2,000 bond with the Office of License, Inspections, Environmental Protection, 4) pay the current vacant building fees and real estate taxes, 5) provide a plan indicating how all the items on the Code Compliance Inspection Report will be completed and 6) show evidence of financial ability to complete the repairs on the plan) (Laid over from Apri12) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 47. Appeal of Kevin Johnson to a Notice of Condemnation and Order to Vacate at 469 Whitall Street. (Legislative Hearing Officer recommends denying the appeal) Appeal denied (per the recommendation of the Legisiative Hearing Officer) May 7, 2003, City Council Acrion Minutes Page 9 48. Appeal of Soraya Scott to a Summary Abatement Order and Vehicle Abatement Order at 902 Jessamine Avenue East. (Appeal withdrawn) Appeal withdrawn 49. Resolution -03-443 - Concerning adverse action against the Taxicab Driver License Renewal Application submitted by James Rej sa. Withdrawn Yeas - 7 Nays - 0(An Administrative Law Judge hearing was requested) 50. Resolution - 03-444 - Entering into a permanent easement agreement between the City of Maplewood and Saint Paul's Division of Parks and Recreation to construct a sanitary sewer through a portion of Phalen Golf Course. Adopted as amended Yeas - 7 Nays - 0 51. Resolution - 03-445 - Approving the application for a sound level variance by Bill Fannning, Executive Vice PresidenbGeneral Manager of the St. Paul Saints Baseball Club, for an amplified music concert to be held on June 15, 2003, from 12:00 noon to 8:30 p.m. at Midway Stadium, 1771 Energy Park Drive. Adopted Yeas - 7 Nays - 0 52. Resolution Ratifying Assessment - 03-446 - In the matter of the assessment of benefits, cost and expenses for summary abatements (properiy clean-up) for properties located at 773 Frank Street and 509 Glendale Street (J0301A). (Laid over from Apri123) (Legislative Hearing Officer recommends approval of the assessment) Adopted Yeas - 7 Nays - 0 53. Public hearing to consider District Cooling's request for a cooling rate increase pursuant to Chapter 16 of the City of Saint Paul Charter. A report was presented by Todd Huriey, Office of Financial Services, and a public hearing was held. 54. Public hearing to consider the appeal of Roger and Kathleen Anderson to a decision of the Planning Commission approving a Conditional Use Pernut for a camage house at 590 Montcalm Place. Motion of Intent - Appeal granted Yeas - 7 Nays - 0 55. Public hearing to consider the appiication of Dayton's Bluff Neighborhood Housing Services to rezone from RT-2 (Townhouse Residential) and I-1 (Industrial) to RM-2 (Multi-Family Residential) to allow construcrion of three 8- May 7, 2003, City Council Action Minutes Page 10 unit rowhouses at the east side of Payne Avenue (north of Hopkins Street and south to Kenny Road). Motion of Intent - Application granted Yeas - 5 Nays - 0(Benanav and Reiter were not present for vote) 56. Public hearing to consider the appeal of Scenic Saint Paul and various individuals to a decision of the Saint Paul Planning Commission granting the appeal of Clear Channel Outdoor, Inc., to pernut repair of a damaged billboard face at 1084 University Avenue. Motion of Intent - Appeal granted present for vote) Yeas - 5 Nays -1 (Blakey) (Reiter not Suspension Items Resolution - 03-447 - Recognizing Frank E. Villaume, III, Assistant City Attorney, for his accomplishments in receiving the highest rating (AV) from the benchmark Martindale-Hubbell Directory, plus for the third year in a row, being named as "Super Lawyer" by Minnesota Law & Politics and Minneapolis-St. Paul Magazine. Adopted Yeas - 7 Nays - 0 Resolution - 03-448 - Requesting information from Director of Parks and Recreation regarding the Administration's proposed plan on changing staffing and operation issues for Saint Paul Parks and Recreation Centers and that this information be provided to the City Council no later than Friday, May 16"' for the Council's Policy Session to be held on May 21, 2003. Adopted Yeas - 7 Nays - 0 Resolution - 03-449 - Confirnung the City's policy for public officials not to accept any gift as defined in Minnesota Statutes § 10A.071, Subd. 1 under circumstances where the gift would otherwise be prohibited by state ar local law. Adopted Yeas - 7 Nays - 0 The Council approved waiving the filing fees for the appeals of the District 2 Community Council on Apri123, 2003 and Scenic Saint Paul on May 7, 2003, both pertaining to billboard repairs. Yeas - 4 Nays - 2(Blakey, Harris) (Reiter not present for vote) May 7, 2003, City Council Action Minutes :�*��*��**�*��z*�x**�**�*��*��*�x***x* Council Meeting Information Page 11 Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at wtivw.ci.stpaul.mra.us/couracil. Cable The City Council and Housing and RedevelopmentAuthority (HRA) Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8: 00 a.m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8:00 a.m. 1:30 p.m., and 5:30 p.m.; Tuesdays at 8:00 a.m., and 5:30 p.m.; and Wednesdays at 8: 00 a.m. and 1:30 p.m. *�*�*�**�*********��*�***��*****�*******� , �,�' . CITY OF SAINT PAUL Randy C. Kelly, Mayor May 9, 2003 James P. Rejsa 300 Wamer Avenue North Mahtomedi, MN 55115 OFFICE� CITY ATTORNEY Mnnuel J. Cervantu, Ciry Atlorney Civi! Division 400 Ciry Ha[I 75 Wut Kellogg Blvd. Saint Paul, Minnesota 55702 NOTICE OF HEARING RE: Application for a Saint Paul Taacicab Driver's License DearMr. Rejsa: Te[ephone: 651266-8710 Facsimile: 651298-5619 Please take notice that a hearing will be held at the following time, date and place concerning your license application identified above: Date: Thursday, June 5, 2003 Time: 9:30 a.m. Place: Room 220, Conf. Rm B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. � In Re Taxicab Driver License Renewal �-anA-EEO EmPl Application Submitted By James P. Rejsa — City's Exhibit No. 7 , + Evidence will be presented�the judge which may lead to adverse acTfon against all the licenses you hold at the above premises as follows: A criminal history check shows a May 21, 2001 conviction in Arizona for a Level 3 Felony, Attempted Transportation of Dangerous Drug for Sale. Saint Paul Legislative Code § 376. 16 (e)(4) requires that to be eligible for a license an applicant shall have no felony convictions in the last Tive (5) years. You have the right to be represented by an attomey before and during the hearing or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with thP requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom tYte licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings ofFact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Jndge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very huly yours, �� Virgim�D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Notice of Hearing - Page 2 ' ' � � STATE OF NIINNESOTA ) ) ss. COiTNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL 70ANNE G. CL.EMENTS, being first duly sworn, deposes and says that on May 12, 2003, served the attached NOTICE OF NFARTNG placing a true and correct copy thereof in an envelope addressed as follows: James P. Rejsa 300 Warner Avenue No. Mahtomedi, MN. 55115 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. /---� _ Subscribed and sworn to before me this 12th day of May, 2003. PETEF3 P. PANG8G`�'?��' NOTARY ?UBLiC -!AiN�.ESOTA My GQPr1PkiSSldk�! EXt'd�' �4 ,lA� d. 35. ?905 Notary Public