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04-998Council File # D� _ � Green Sheet # 3 � PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Committee: Date ZZ WHEREAS, adverse action was initiated against the tasicab driver's license application submitted by Mathew G. Geopfert (License ID#54878), for the premises located at 738 Bradley Street in Saint Paul by Notice of Violation dated September 2Q 2004; and WHEREAS, licensee did not respond to the Notice of Violation to contest the facts; and WHEREAS, the Notice of Violation stated that if the licensee failed to respond by October 1, 2004, that the matter would be placed on the consent agenda to deny the license application; now, therefore, be it denied. RESOLVED, that the application for renewal of a Saint Paul Taxicab Driver's license be �-� r � r,—� r r� Requested by Department of: B t ,�u.��a,. � ° ►�-��-k� Adoption Ce By: —L Approved by By: � by Council Secretary y Date / �� Form Approved by City At�ey \ / BY � — �� J � Ec�/..H ��Ap�$kd by �� s Adopted by Council : Date //J �j/ //� o�l- 9Rg � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: LP — Licensellnspection/EnvironProt o��T-� Green Sheet NO: 3023104 Contact Person 8 Phone: Deoartrnent Sent To Person InitiaVDate �rginia Palmer � 0 i n [io nvi n P o Z6S-87�0 ASSign 1 i ense/In ectio n"ronPro D art entDirector Must Be on Councill�qenda by (Date): Number Z ; rne For Routing 3 a or'sOffce Mav dAssistan[ OfdEf 4 oun il 5 itv Clerk C' Clerk Total # of Signature Pages �(Clip AII Locations for Signature) Action Requested: Approval of resolution to take adverse action against the taxicab driver's license renewal applicarion submitted by Mathew G. Geopfert (License ID#54878) for the premises located at 738 Bradley Street in Saint Paui. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer fhe Following Questions: Planning Commission 1. Has this person/firm ever worked under a wntract for this departrnent? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No . 3. Does this persoMfirm possess a skili not nottnalF! possessed by any -- current city employee? Yes No Explain all yes answers on separate sheet and attach 4o green sheeY fnitiating Problem, Issues, Opportunity (Who, What, When, Where, Why): A crinrinal history check shows a convicrion for a Gross Misdemeanor pomesuc Assault from-Mareh k Y, Z063. Saint Paul Legislative Code Section 376.16 (e) (4) prohibits the issuance of a license to an individual who has a Gross Misdemeanor conviction involving foice or flueat of foxce within ttuee yeazs of application. AdvantageslfApproved: Compliance with Saint Paul Legislative Code Secrion 3'I616 (e) (4). DisadvantageslfApproved: � None Disadvantages If Not Approved: License issued in direct violation of the St. Paul Legislarive Code Secrion 376.16 (e) (4). TotalAmountof CostlRevenue Budgeted: Trensaction: fa . PundinitSource: ActivitvNumber. �,t�rnar �Q4¢A��fl}5 ��?��' Fi nancial Information: I (ExPlain) ��'�' i � �ii11, caui I I o-�/- 99 � CITY OF SAINT PAUL Rnndy C. Ke!!y, �Yfny�or OFFICE t, ; HE CITY ATTORNEY ManueU. Cervanter, CityAtlorney CivilDivision J00 Ciry Hal1 1 � Wesr Keflogg Blvd. Snint Patd, .Lfinnesola SJ 102 TelepRone: 65! 266-8710 Facsimile: 65/ 295-56/9 September 20, 2004 NOTICE OF INTENT TO DENY RENEWAL LICENSE APPLICATION Mathew G. Geopfert 739 Bradley Street St. Paul, MN 55106 RE: Application for Renewal of a Saint Paul Taxicab Driver's License License ID # 54878 Deaz Mr. Goepfert: The Office of License, Tnspection and Environmental Protection has recommended denial of the taxicab driver's license rene�vai application you submitted. The basis for the recommendation is as follows: Your criminal history check shows a conviction for Gross Misdemeanor pomestic Assault from March 11, 2003. Saint Paul Legislative Code §376.16(e)(4) prohibits the issuance of a license to an individual who has a gross misdemeanor conviction within the last three years involving the use or threat of use of force. At this time you have two options on how to proceed: If you do not dispute the above facts and do not wish to challenge the denial, you can withdraw your application for renewal of your license. If this is your choice, you should send the letter directly to the Office of License, Inspections and Environmental Protection, Room 300 I,owry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Reid Soley. A.A-ADA-EEO Employer Mathew G. Goepfert September 20, 2004 Page 2 �� 2• If you do dispute the above facts, or wish to present evidence that the conviction is not related to your license as a cabdriver, or that you have been rehabilitated pursuant to Minn. Stat. §364.01 et seq, a hearing will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by letter and my legal assistant, Julie Kraus, will take the necessary steps to schedule the administrative hearing. We will then notify you of the time, date and place of the hearing. If we have not heard from you by Friday, October 1, 2004, we will assume that you do not contest 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 penalty of denial of your license will be imposed. Sincerely, �/�� ,,� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LIEP AA-ADA-EEO Employer �l- 99� STATE OF MIIVNEgOTA ) ) ss. COLiNTy OF RAMSEY ) AF'FIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on September 20, 2004, she served the attached NOTICE OF INTENT TO DENY RENEWAL LICEN5E APPLICATION by placing a true and conect copy thereof in an envelope addressed as follows: Matthew G. Geopfert 739 Bradley Street St. Paul, NIlV 55106 (which is the last known address of said person) deposiYing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ') •.l!,[ ��. ./ . 1 • �� . Subscribed and swom to before me this 20th day of September, 2004. �;/ �� Notary Public RI7q M. BOSSqRD NOTARY PUgLIC- MIDBJE$pTA MY COMMISSIpry £XPf RES ,1AN. 31, zpps