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05-09Council File # _Q5'� \_ Green Sheet #� � �p lp 1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �$ PRESE�ITED BY REFEliRED TO COMlYIITTEE: DATE i WHEREAS, adverse action was initiated against the appiication for a Provlsional z Tasicab Driver's license submitted by Teresa M. Kniu�t-House for the City of Saint Paul by s Norice of Violation dated December 2, 2404, for a Gross Misdemeanor conviction for Malicious 4 Punishment of a Child; and J s WHEREAS, the licensee did not respond to the Notice of Violation to contest the v convicuon; and s s WHEREAS, the Notice of Violation stated that if the licensee failed to challenge the io application denial by December 13, 2004, that the matter would be placed on the consent agenda u to impose the recommended penalty; now, therefore, be it iz is RESOLVED, that the application for a Provisional Taacicab Driver's license submitted by i4 Teresa M. Knight-House be denied as recommended by the Office of LIEP. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��- t�A Departmentloffice/council: Date Initiated: � v �p — I.icenseQnspection/EnvironPro[ 15 Green Sheet NO: 3024667 CoMact Person & Phone: Deoartment Sent To Person Initial/Date Vtginia Palrne� � 0 icense/in ectio nvi n r 266-8710 p,�jyn 1 icense/Ins ecfion/Environ ro De artmentDirector Must Be on Councii Agenda by (Date): N_:mber 2 � p o � � For Routing 3 or's O�ce Ma orlAssi tam I Order 4 oun it 5 iN C erk Cih' Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolurion to take adverse action against the Provisional Taxicab Driver's license appllcation submitted by Teresa M. Knight-House for the Ciry of Saint Paul. RewmmendaGons: Approve (A) or Reject (R): Personal Senice CoMracts Must Answer the Following Questions: Pianning Commission , t. Has this Rerson/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any curtent city employee? � Yes No _ Expiain ail yes answers on separate sheet and attach to green sheet I Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Licensee was convicted of Malicious Punishment of a Child on July 27, 2004. Saint Paul Legislarive Code 5ection 376.16 (e) (4) prohibits the issuance of a license to -an individual who has a Gross Misdemeanor convicrion within three years of application involving the use or threat of ffie use of force. Advantapes If Approved: Compliance with St. Paul Legislarive Code Section 376.16 (e) (4) i DisadvantapeslfApproved: I3one. , ; , n h ny' Disadvantages If Not Approved: Non-compliance with Saint Paul Legislative Code Section 376.16 (e) (4) D�C 2 0 2004 ` Totai Amount of Cost/Revenue Budgeted: Transaction: FundingSOUrce: AdiviryNumber: . _.,�,...._.�.,__ � Fi nancial Information: (Expiain} � OFFICE C THE CITY ATTO&�IEY MrsnrrclJ. C, ,ues, CiryArrorney CITY OF SAINT PAUL Civi[Dii•ision '�. Rrsrsdy C. Xelly. bin}'or 400 Ciry Hal( 15 West Kellogg Bfvd. I Snint Pax[, hfinnesota Sil02 i December 2, 20D4 NOTICE OF TNTENT TO DENY APPLICATION FOR PROVISIONAL TAXICAB DRIVER'S LICENSE Teresa M. Knight-House 1148 Jackson Street St. Paul, MI3 55117 RE: Application for Saint Paul Provisional Taxicab Driver's License License ID #20040004259 Dear Ms. Knight-House: O� O t Telephone: 651266-8710 Fncsimife: 65! 298-5619 The Office of License, Inspections and Environmental Protection has recommended denial of your application for a provisional taxicab driver's license. The basis for the recommendation is as follows: Your criminal history check shows a Gross Misdemeanor conviction for Malicious Punishment of a Child from July 27, 2004. Saint Paul Legislative Code §376.16 (e)(4) prohibits the issuance of a license to and individual who has a Gross Misdemeanor conviction within the three years involving the use or threat of use of force. At this time you have two options on how to proceed: Tf you do not wish to dispute the above mentioned facts and do not wish to challen�e the denial, you can withdraw your application for a taxicab license. If this is your choice, you should send the letter directly to the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be direct to Reid Soley and received no later than Monday, Aecember 13, 2004. AA-ADA-EEO Employer �'eresa M. Knight-House December 2, 2004 Page 2 p5-b 2. If you wish to 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 hearin� will be scheduled before an Administrative Law 3udge. At that hearing both you and the City will be able to appear and present �vitnesses, evident and cross-examine the other's witnesses. The St. Paul City Council �vill ultimately decide the case. If this is your choice, please advise me by letter and my Lega1 A.ssistant, Julie Kraus, will take the necessary steps to schedule the administrative hearin�. We will then notify you of the time, date and place of the hearing. If we have not heard from you by Monday, December 13, 2004 ,we will assume that you do not wish a hearing before the City Council. Your application for aprovisional taxicab driver's license will then be denied by the licensing office. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, . �/�.�����.�.�., Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LIEP AA-ADA-EEO Employer p5-o�l STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGNERN, being first duly sworn, deposes and says that on December 2, 2004, she served the attached NOTICE OF INTENT TO DENY APPLICATION FOR PROVISIONAL TAXICAB DRIVER'S LTCENSE by placing a true and correct copy thereof in an envelope addressed as follows: Teresa M. Knight-House 1148 Jackson Street St. Paul, MN 55117 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States ma31 at St. Paul, Minnesota. I � r , �� %1 i� I�L L � ��'� ._ i.�` ' Subscribed and sworn to before me this 2�d� of December, 2004. ,. ,,._,. .. _ ,. _ _ _ ,, f,' '('s �,. '�� �, rv�.n� �. c��.�u�s ; r.�C;'::.,ra.;BL'C•M6YHESOia `�• �+XCev:ssisssars �: �:��s 3n,r.7, 31. 2cos �