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05-1089Council File # ''� O'l Green Sheet # 3 a� 7 3� PRESENTED BY RE��n To RESOLUTION CITY OF SAINT PAUL, MINNESOTA 9 CONINISTTEE: DATE 1 z WHEREAS, adverse action was imtiated against the Saint Paul Provisional Ta�cicab a Driver's License appiication submitted by Chazles Lee Cox (License ID#20050003651) for the 4 City of Saint Paul, by Notice of Intent to Deny Provisional Taacicab Driver's License Application s dated October 25, 2005, alleging licensee had a misdemeanor conviction within the last three s years involving the use or threat of the use of force; and a s WHEREAS, the licensee did not respond to the Notice of Intent to Deny Provisional s Taxicab Driver's License Application to contest the allegation; and io i i WHEREAS, the Notice of Intent to Deny Provisionai Taxicab Driver's License i z Application stated that if the licensee failed to respond by November 4, 2005, that the matter ia would be placed on the consent agenda to impose the recommended penalty; now therefore, be it 14 is RESOLVED, that Saint Paul Provisional Taxicab Driver's license application submitted is by Charles Lee Cox is hereby denied. iv iS Reguested by Department of: BY: ,� � / Form Approved by City Attorney Adopted by Council: Date /VDU2Mbt�-�'� �-O(�� Adoption Certi£ied by 1 Secretary By: . Date 1 �o By: f or ay: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/eouncil: Datelnitiated: vJ_ �(�� P -u��n��= o�-NOV-0S Green Sheet NO: 3028739 Contact Person g phone: Rachel Gunderson 2668770 Mu Be on Council Agenda by l�d�J �� Deoartrnent Sent To Person 0 icen ellns ection/Environ Pr AsSign 7 icenselins eMion/EnvirooPro De a entDirector Nurtiber Z - tto For Routing 3 a or•s Office " Ma oUAssistant Order 4 oocil . 5 ' Clerk itv Clerk Tofal # of Signature Pages _(Clip All Locations for Signature) Action Requested: - . Approval of the attached resolution to take adverse action against the Saint Paul Provisional Talcicab Driver's License application submitted by Chazles Lee Cox for the Ciry of Saint Paul. itlatlons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission Service Contrects Questions: � 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Dces this perso�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, WMy): Licensee has a misdemeanor coirviction within the last three yeazs involving the use or threat of the use of force wluch violates Saint Paul I.egislative Code Section 376.16 (e) (4). AdvanWpes If Approved: Application denial as recommended by the Office of LIEP DisadvantageslfApproved: None. DisadvanWges If Not Approved: - Application approved against the recommendation of the Office of LIEP. Transaetion: Fundin9 Source: Financial Information: (E�cplain) CosURevenue Budgeted: Activity Number: �� A�P,�n'k? �aR#gr NOiI 14 2005 sw�K� PAUL � AAAA � �' OFFIC�i '� CITY ATTORI�EY M¢nueZJ. Cervantes Ciryftttorney l�-l0�9 CITY OF SAINT PAUL Randy C KeZly, Mayor October 25, 2005 Chazles Lee Cox 3319 Mumford Road Brooklyn Center, NIN 55429 civit Dc,isiort 400 Ciry Hall IS West KeZlogg Blvd. Saint Pau1, Minnerota 55102 NOTICE OF TNTENT TO DENY PROVISIONAL TABICAB DRIVER LICENSE APPLICATION RE: Application for a Saint Paul Provisional Tazcicab Driver's License License ID #20050003651 Dear Mr. Cox: Telephone: 657 266-8770 Facsimile: 657 298-5619 The Office of License, Inspecrion and Environmental Protection has recomxrtended denial of the Provisional Tasicab Driver's license applicafion you subxnitted. The basis for the recommendation is as follows: On April 19, 2005 yon were convicted of Misdemeanor pomestic Assault with Intent to Inflict Bodily Harm. Aursuant to Saint Paul Legislative Code §376.16(e)(4) a person is ineligible for a taxicab driver's license if they have a misdemeanor convictiou within the past three years invoiving the use or threat of use of force. At this time you have Yhree options on how to proceed: 1• You can withdraw your application. If this is your choice, you should send the letter directiy to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minuesota, 55101-1002. The letter should be directed to Reid Soley no later than FYiday, November 4, 2005. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. AA-ADA-EEO Employer �'harles L.ee Cox October 25, 2005 Page 2 �- � � �•, , If you wish to have a public hearing before the 5aint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Friday, November 4, 2005. The matter will then he scheduled before the City Council for a public hearing to determine whether to deny your license application. Xou will have an opporhxnity to appear " before the Council and make a statement on your own behalf. 3• Ifyou 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 Mivn. Stat. §364.01 et seq, a hearing will be scheduled before an Admiuistrarive 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 no later than Friday, November 4, 2005. � If I have not heard from you by Friday, November 4, 2005, I will assume that you do not contest the denial of your license application. Sincerely, �� Rachel Gunderson Assistant City Attorney cc: Christine �2ozek, Deputy Director of LIEP Reid Soley, LIEP na.-aDA-�o E��oy� ,-, r, �� ^ ��0 l STATE OF NIINNESOTA ) ) ss. COUNi'Y OF RAIVISEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on October 25, 2005, she served the attached NOTICE OF INTENT TO DENY PROVISIONAL TAXICAB DRIVER LICENSE APPLICATION by placing a true and conect copy thereof in an envelope addressed as follows: Charles Lee Cox 3319 Mumford Road Brooklyn Center, MN 55429 (which is the last laiown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � L �,rL/iI _ '�� MEGHAN McC'sIVERN Subscribed and sworn to before me this 25th day of October, 2005. �..i b .l�.li 1�.� � otary Public JULIE ANNE KRAUS � . NOTARYPUBI1C.�qINNEgOTA MY COt�qqtSSION �X°'%�e"5 .�N. 39, 2 0 9 0