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05-1132Council File # o s- r� ,3.Z Gzeen Sheet # Vd� p I O PRESE\"TED BY REFERRED TO CObL:rIITTEE: DATE i WF3EREAS, adverse action was iniriated against the Saint Paul Tasicab Driver z (Provisional) license application submitted by Antonio M. Boyd (License ID#20050004017) for 3 the City of Saint Paul, by Norice of Intent to Deny Taxicab Driver (Provisional) License 4 Application, alleging the licensee was charged with Leaving the Scene of an Accident-No s Personal Injury within the last three (3) years in violation of Saint Paul Legislative Code §37616 s (e) (5) (a); and 0 g 9 10 ii iz 13 14 15 is i� is is WHEREAS, the Office of License, Inspecrions and Environmental Protection has recommended denial of the Taacicab Driver (Provisional) license application; and WHEREAS, the licensee has not contested the allegations; now, therefore be it RESOLVED, that the Taxicab Driver (Provisional) license application submitted by Antonio M. Boyd is hereby denied. This Resolution, and the action taken above, are based upon the facts contained in the November 8, 2005, Notice of Intent to Deny Tasicab Driver (Provisional) License Application letter sent to the licensee and the arguments made at the Public Hearing on December 7, 2005. Requested by Department of: r ar� .��i,V..z /� Form Approved by City Attorney Adopted by Council: Date �C2aY`�' � 7, ��— Adoption Certified by / � n Byc Approved Y6y/P�ayo{J Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Secretary c sy: Mayor il Byc 05- � r 3a- � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparEmeM/office/council: Date Initiated: ' LP — Licrose/tnspecrion/Environ Prot Contact Person & Phone: Rachel Gunderson 266-8710 Must Be on Council Aaen� 18-NOV-0S � Assign Number For Routing Order Green Sheet NO: 3028870 0 icen ns ecti n/Envi n Pro i icenselin - ec4on/Envi on Pro De arhnent Director 2 � ome 3 a oYs O�ce Ma or/Assis�nt 4 uncit 5 �ri Clerk Ci Clerk Toql # of Signature Pages _(Clip All Locations for Signature) Action Requested: � Approval of the attached resolution to take adverse action against the Talcicab Driver (Provisional) license applicarion submitted by Antonio M. Boyd (License ID#20050004017) foz the City of Saint Paul. Approve (A) or Planning Commission CiB Committee Civii Service Commission Personal Service Contrects 1. Has this person/firm ever worked under a contract for Nis departrnent? Yes No 2. Has this person/firm ever been a city empioyee? Yes No 3. Does this personlfirm 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, Wh»: Licensee was charged with I,eaving the Scene of an Accident - No Personal Injury within the last three years in violation of Section 37b.16 (e) (5) (a) of the Saint Paui Legislative Code. AdvanWges If Approved: License application denied as recommended by the Office of LIEP RE�EIVED DisadvanWpes If Approved: None. DisadvanWges It Not Approved: License application approved against the recommendation of the Office of LIEP. �,. �,s ( , �£, f i�Bf "otal Amount of Transaction: Fundinp Source: Cast/Revenue Budgeted: Activitv Number: l'' ;, �' :I� Financial Information: (Explain) oS- Il3�. CITY OF SAINT PAUL Raridy C. KeZly, Mayor November 22, 20Q5 OFFICE OF TF� CITY ATTORNEY Manuel J. Cervanies, CityAttomey CivilDivisian 400 Ciry Hall I S Wui Kellogg Blvd. Saint Paul, Minnesota 55702 NOTICE OF COUNCII. HEARING Antonio M. Boyd 1740 Marion Street, #2$ Roseville, MN 55113 TeZephone: 65l 266-8710 Facrimile: 651298-5679 RE: Tasicab Driver (Provisional) license applicarion submitted by Antonio M. Boyd for the City of Saint Paul LicenseID# 20050004017 Dear Mr. Boyd: Please take norice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, December 7, 2005, in the City Council Chambers, Third Floor, Saint Paul 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 considerafion. This is an uncontested matter concerning your ineligibility to obtain a Taxicab Driver (Provisional) license due to the fact that you were charged with Leaving the Scene of an Accident - No Personal Injury within the last three years in violafion of §376.16 (e) (5) (a) of the Saint Paul Legislative Code . This matter has been placed on the public hearing agenda portion of the City Council meeting, during which public discussion is allowed. The recommendation of the licensing office is denial of your license application. If you have any questions please feel free to contact me at 266-8710. Very truly yours, �GA�IAti�� %� Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LIEP ►/Mary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO Employer p5- tt,32 UNCONT'ESTED LICENSE MAT'I`ER Licensee Name: Address: Council Date: Violation: Date of Violation Antonio M. Boyd 1740 Marion Street, #28, Roseville, MN 55113 Wednesday, December 7, 2005 @ 5:30 p.m. Licensee was charged with Leaving the Scene of an Accident - No Personal Injury within the last three years. September 8, 2003 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Taxicab Driver (Provisional) license application Attachments: 2. 3. 4. 5. Driver' License Proposed resolution Taxicab Driver License Application with copy of Minnesota Receipt for License Application dated 10/25/05 Department of Public Safety - Driver and Vehicle Services internet computer screen Ramsey County Court records dated 10/4/03 6. Notice of Intent to Deny Taxicab Driver (Provisional) License Application dated 11/8/05 with Affidavit of Service 7. Letter from licensee requesting a public hearing dated 11/14/OS S. Copy of Saint Paul Legislative Code 37616 (e) (5) (a) .� . �:e . _ .. __, _ _ _�,_____.�___.�� 5 . _�: = _ _ 'TAXICAB DRIVER ' LICENSE APPLICA�iON - THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRINT IN INK Applicant Information� Name and Title: First Home Address: Street (#, Name, Type Direction) Mail To Address (if different than home � CITY OF SAINT PAUL Offtce of license, Inspections and Er.vironmrntal Protection s Euz a• sc, swm mo Svn[ PauL MiMCOea SSi�I (65I) 266-9090 Faz (651) 266-9t2a \Veb� wvw.dscpwL�avsAicp Tide �.U��. M!�, 55 City S[a[e Zip+d SReet (#, Name, Type Direc[ion) � City � State Zip+4 Aome Phone: {'(�1�} S` `� .�j l� Date ofBirth: 1 a�i � Place ofBirth: � I�Rt� Driver's License #: OS� � i� ��]� Expiration Date:_ I ' �� " �� F ,. � Are us a citizen of the United States?�i� If yoy are not a US citizen, you must provide proof of work authorization from the US Immigration and Naturalization Service. Name and Address of cab company you will be driving for: �K�{`^O1 `L7 ��o, �� '�5 ��• Do you own or lease the cab you drive?�pt>,� What is the lease rate you pay to operate the ca6?_ � b� A�v "Middle (Maiden) Previous residence (past 5 years) .'�. ._ _�_.. .._. . . _ _ . � . . . . . . � ;r ,�,_.. _( : _ � ��J-��,_ .. - -- -- I��SOT ,= DRNER'S t,(. AN70NI0 M72E(,L BO p ' � T3_tE.�'-'�"`'� � ROSEVf .. .. S �, : LLE. MN I¢ '3 i.� oP`' r Waws;nh09-2&�9$fl, -. .G:, � � Erm ^=C�a"ss t�e. ��J� 1 M IiL- �-;:D.: �"-_—�,: ' Hei h[ ' 'i...,. 1 9 Weighf � Qo�__': L ,..?= 1 �sSUEDO8Q��5 :�I:�, i � t�P!RES��$=28-2DO9 �� _ �5a`S° ,: _ , N05q1436q3009 � i � -- � - -- -.. ..___ --'—". _. ----------� A . ..,. ._ .... . . _ ._ . _. C� � _ p� 11 �Z . . R�CEIPT�FOR LICEPQS�:ARPLICATlON CITY OF SAlIdT PAUL "�- �" Ofice of �cense, Inspections and Environmentai proteciion Date Receipt Printed: Oct 25; 2005 a Founh street Easr, sufle zoo Saint Paui, Minnesota 557 0 7-1 024 Phone: (651)266-9090 .,�.. License 1D: 20050004017 Fa�c �ssi�zss-st2a w�m:lieP.us Received From: ANfOtJ10 M BOYD 1740 MARION ST �� ROSEVILLE MN 557'13 Ifl 3ppl1Cdt10I1 fOC TaxicabDriver(Provisionaq (1) Conditions: Tofial Due on this application Sa0.�0 Other Fees Owed 50.00 Account Total Amount Due 54o.oD Amount Paid $40.00 Outstanding Account Balance Due � go.o0 enecuve txplrauon License Amount Halanee en Date Date Fee Paid Tfiis License Oct 25, 2005 Oct 25, 2006 $40.00 $40.00 � $0.00 There are no conditions placed on this license af this time. Unreef Reauirements: Record Chedc -Criminal History Proiect FaciliWtor: CORINNET. (651)266-9'I06 IIISPeCfOf�s): REID S. (651)266-9720 Recortl Check - Onving � 5 �` `- . . /�, L.3 .�2 Sce� � vra�«`{'•c �.,. ,�r��i Ccc:.r� re-� N /� � /j3 / -'�-� �T'^^` � S/ a7 -y�� /`- c r �w� <</11a5 ,2�. s 'ihis is not a License to operate NOTICE - The license(sJ you have applied formay require you to pay an additional Environmenta! Health Change of Ownership fee or Environmental Healfh Plan Review/Remodeling fee. lf any of these fees are required, a separate invoice for fhe amounf due wifl be sent fo you. - � � ' � 05-113L � ��.�� _� �. � &�� - L; � � ��"Seard7 `�Fauor�es�� ; _ : . -- -- �$ t��EYUIE �a54Y3 r SD1034.1/051122:09195631 Name Index Display 1 of � p5 1132 Name: BOYD, ANTONIO . . . . . . . . . . . . . . . . . . . . . . . . . BOYD, ANTONIO, [5903190] . . . . . . . ./RETATLERS NATIONAL BANK, [5903190](PLN) Defendant FLD:04/26/2005 Trans Judg _ 62-CR-O5-4169 • Judgment BOYD, ANTONIO . . . . . . . . . . . . /PALZSADES COLLECTION LLC(PLN) Defendant FLD:07/21/2005 D£lt Judge _ 62-C3-O5-7432 Judgment BOYD, ANTONIO . . . . . . . . . . . . / FLD:O1/14/2003 Concil 62-S9-03-190 Archived SOYD, ANTONIO M . . . . . . . . . . . /FORD MOTOR CREDIT COMPANY(PLN) Defendant FLD:04/13/2004 Dflt Judge _ 62-C6-04-3798 Judgment BOYD, ANTONIO M . . . . . . . . . . . / FLD:O1/14/2003 Concil 62-SO-03-191 Archived BOYD, ANTONIO MIZELL . . . . . . . . . ./State of Minnesota (PLN) FLD:03/17/2003 Mvng Petty SM AMT MP.RIJ PETTY DOB 09/28/1980 62-TX-03-606288 SA Archived BOYD, ANTONIO MIZELL . . . . . . . . . ./State of Minnesota (PLN) FLD:10/19/2001 Mvng Petty No Convictions on Case DOB 09/28/1980 62-T2-01-.84607 SA Archived BOYD, ANTONIO MZZELL, [2/090803] ..../The State of Minnesota(PLN) Defendant FLD:10/04/2003 Mvng Mi.sd LEAVE SCENE OF ACCIDENT DOB 09/28/1980 IACT 62-T9-03-49857 Cit #: 903 -697578 SA Closed DISP: Guilty paging: [n = Page number, <> = Change di'rection, L=Last Page] Eunction code: Codes available: 12 � SD1019.0/051122:09201206 Activity Summary First �S�`�3� 62-T9-03-049857 Movin -Misdemeanor Date filed: 10/04/2003 The State of Minnesota vs. ANTONIO MZZELL BOYD, f2/0908031 1Oj04/03 Case Filed 12:31 12:31 _ 12/02/03 Sentencing 01:00 P Flynn 131A PD TODAY ONLY-DNQ PG CT1 LSA, OTHER CHG DMCA 30D SS CRT lYR 1)$100+FEE 2)REST/OOP 3)NO S/S JD � 12/02/03 IInp Fne Hg 04:24 J Owczynsky TO PAY $165 IN FOLL ON OR BEFORE 1/9/04 JO 12/02/03 Closed 05:30 ~ O1/09/04 Pd in Full 01:03 CASH $165 BJM 06J02/OS Pschive �_____________________________Pending Activities =_________- � 12/21/OS Archive 11:00 11:00 Next FC O1 02 03 04 06 10 � �- C�S-143Z CITY OF SAINT PAUL RmvZy C. Xelly, MayOT November 8, 2005 OFFICE OF THE CTI'I' ATTORNEY MmweZJ. Cervmrtes, CityAttonrey civilDivision 400CrtyHa11 � IS WestSeZloy,gBlvd SaintPaul, Mmnesat¢ 55702 Teleohone,- 65I266-87I0 Facsirnile: 65I 298-56I9 NOTICE OF INTEIVT TO DENY TAIIICAB DRIVER (PROVISIONAL) LICENSE APPLICATION Antonio M. Boyd 1740 Marion Street, #28 Roseville, MN 55113 RE: Application for a Saint Pau1 TaYicab Driver (Provisional) License License ID#: 20050004017 Dear Mr. Boyd: The Office of License, Inspection and Environmental Protection has recommended denial of the Saint Paul Taicicab Driver (Provisional) license application you submitted. The basis for the recommendation is as follows: Durin� a check of your driving record; it was discovered that on September 8, 2003, you were charged in Ramsey County with Leaving the Scene of an Accident - No Personal Injury, Saint Paul Le�islative Code &376.16 (e) (� (a) states that in order to be eligjble for a Ta�cab driver's license the applicant shall not have a "conviction in the last three (3) years for any of the following offenses not involving injury or death: l)Leaving the scene of an accidenk" At this time you have three options on how to proceed: You can withdraw your application. If this is your choice, you should send the letter directly to the Office of License, Ivspections and Environmental Frotection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota, 55101-1002. The letter should be directed to Reid Soley no later than Friday, November 18, 20�5. Any request far a refund of the license applicafion fee must also be made in wriiing to the Office of LIEP. AA-ADA-F.Fn R,.�.,7�.,P. Antonio M. Boyd November 8, 2Q05 Page 2 � � OS-4431r 2- If you wish to have a public hearing before the Saint Paul City Councii, 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 FYiday, November 18, 2005. The matter will then be scheduled before the City Councii for a public heariug to determine whether to deny your license applicafion. You will haue an opporhxnity to appear before the Council and make a statement on your own behalf. 3• If you dispute the above facts, or wish to present evidence that the convicfion is "not related to your license as a cabdriver, or that you have been rehabilitated pursuant to Miuu. Stat. §364.01 et seq, a hearing will be scheduled before an Aduiuustrative 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 18, 2005. If I have not heard from you by that date, I will assume that you are not contesting t�e denial of you license applicafion. Sincerely, Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LTEP n a_ane_cen �,,,,.�,..,e_ �: � �j� «�'Z STATE OF MINNESOTA ) ) ss. COLJNTY OF RA.MSEY ) AF'FIDAVIT OF SERVICE BY U.S. MAII, MEGFIAN McGIVERN, being first duly sworn, deposes and says that on November 8, 2005, she served the attached NOTTCE OF INTENT TO DENX TAXICAB DRIVER (PROVISIONAL) LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows: Antonio M. Boyd 1740 Marion Street, #28 Roseville, MN 55113 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �r � ��"J. _ � � MEGHAN McGIVERN Subscribed and sworn to before me this 8�lav of November, 2005. Public JOANNE a. CLEMENTS PqTARY PU9LIC • MINPE507A MY GCNAMISSlON EXPIRES.lHPL 31. 201 0 � �� V " " � ��_..__._�`veC Lac.e(�--2 ; „��-��' ��;� �. E� �005 Chapter 376. Taxicabs* Page 1 of 2 �'��3Zi Sec. 376.16. Taxicab driver's license. (a) License requi�ed. Effective March 15, 1991, no person shall drive a taxicab, nor shail any owner or lessee of a taxicab allow any other person to drive a taxicab, within the City of Saint Paul unless that person has first obtained and displayed a taxicab drivec's Iicense under the provisions of this Code. (b) Driven from other cities. Any driver ticensed to operate a taxicab in another city may carry passengers from that city to any place within the City of Saint Pauf and may freely enter and travei upon the streets for that purpose. In that case, it shall not be deemed necessary for the taxicab driver to obtain a Saint Paul license, but the driver shall not be permitted to accept or offer any passenger for hire in the City of Saint Paul, or othenvise operate a taxicab within the city without first obtaining a license under the provisions of tfiis Code. While within the city, the taxicab driver shall be required to observe all of the applicabie regulations and condi[ions of this secEion and shall have in possession and dispiay to any person upon demand the license certificate for the taxicab. (c) License application. Every applicant for a taxicab driver's Iicense shali file an application with the license division. The application shall be made on a form provided by said division, containing such information as the license inspector may require, including, but not limited to, a complete employment history, to verify that the terms and conditions of this chapter have been met. The application shatl be signed and sworn [o by the applicant. Prior to the issuance of the license, every licensee shall be photographed. The chief of police or his representative shall investigate each applicant and shall fonvard the results of the application to the license inspedor. Any false statement on the application shall be grounds for denial, refusal to renew or revocation of a license. (d) License fee. The fee required for a iicense shall be established by ordinance as speciFied in section 310.09 (b) of the Legislative Code. (e) P�erequisites to license. Eligibility to be Iicensed to operate a taxicab shali be as follows: (1) Possess a valid Minnesota driver's license; (2} Be at least eighteen (18) years old; (3} Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise obtained work authorization from the U.S. Immigration and NaturalizaCion Service; (4) Shall have no felony convictions in the last five (5) years; shall have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. The license inspector may grant, pursuant [o state statute, an exception to the above provisions upon evidence that the offense is not related to the occupation of taxicab driver; (5) Shall have a driving record meeting the following standards: a. No convictions in the last five (5) years for any of the following offenses involving injury or death; no conviction in the last three (3) years for any of the following offenses not invotving injury or death: 1, Leaving the scene of an accident; 2. Driving under the influence of an alcoholic beverage, controlled substance or hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantiatly impair the pers6n's abifity to drive or operate a motor vehicle, or any combination thereof; , 3. Driving with an alcohol concentration of .10 or more or driving with an alcohoi concentration of .10 or more as measured within two hours of driving a motor vehicle; 4. Reckless driving; 5. Careless driving under circumstances from which a reasonabie person could draw the inference that the driving behavior was affected or influenced by the driver's use of alcohol, controlled substances or hazardous substances affecting the driver's nervous system, brain or muscles of the person so as to substantially impair tfie person's ability to drive or operate the motor vehicle; or 6. Refusai to take a breathalyzer test. b. No prior license revocation as defined in Minn. Stat., § 169.121, subdivision 3(a)(2). c. For original licensure: No more than four (4) moving violations within the last three (3) years, and no more tfian two (2) moving violations in the last year. For renewal: No more than four (4) moving violations within the tast three (3) years and no more than three (3) moving violations in the iast year. Moving violations shait mean for this subsection those viofations specified above in subsection (S)a., and any speeding violations. ii. Every new applicant shall have at least one (1) year's driving experience asa licensed driver. Such prior driving experience shait be verified 6y an affidavit signed by a reputable person and submitted with the license application. e. Upon submission of proof of suitability and evidence of insurability, the license inspector may waive one (1) or more of the requirements listed above; provided, that any such waiver shall indicate the grounds for the inspector's decision and shall be approved by the director of tfie office of ficense, inspedions and http://www.stpaul.gov/code/1c376.htm1 11/18/2005 CITY OF SAINT PAUL RmldY C. Kelh% bfaJ'ur NOVCRIt1CL 22� 2{�$ OFFICE OF T[-IE CITY ATTORNEY Manuel J. Cervm�res, City Attomey �� /3 Civil Divisiors 400CityHall Telephone:651266-87tD ISWestKello�Bhd. Focsimile:651298-56/9 SimR Paul, Afmnesota 55102 NOTICE OF COUNCIL HEARING Antonio M. Boyd 1740 Marion Street, #28 Roseville, MN 55113 RE: Ta7cicab Driver (Provisional) license application submitted by Antonio M. Boyd for the City of Saint Paul License ID# 20050004017 �� :. � Please take notice that this matter has been set an the Public Aearing Agenda for the City Council meeting scheduled for 5:30 p.m, Wednesday, December 7, 2005, in the City Council Chambers, Third Floor, Sairn Paul City Hall and Ramsey County Conrthouse. Enclosed aze copies of the proposed resolution and other doc;uments wluch will be presented to the City Council for their consideratian. This is an uncontested matter concernuig your ineligglibility to obtain a Taxicab Driver (Provisional) license due to the fact that you were chazged with Leaving the Scene of an Accident - No Personal Injury within the last three years in violation of §376.16 (e) (5) (a) of the Saint Paul Legislative Code . Ttus matter has been placed on the public hearm� agenda portion of the City Council meeting, during which public discussion is allowed. The recommendation of the licensing office is denial of your license application. If you have any questions please feel free to contact me at 266-8710. Very tnily yours, Rachel Gunderson Assistant City Attomey cc: Cluistine Rozek, Deputy Director of LIEP Reid Soley, LIEP Mary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO E�loyer