05-248Council File # ���� 0
Green Sheet # � Qc�.s� / �
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA Z �
PRESENTED BY
REFERRED TO
CONSIITTEE- DATE
i WFIEREAS, adverse action was iniriated against the Saint Paul Provisional Taacicab
z Driver's License application submitted by Anastacio A. Martinez (License ID#20040000721)
3 for the City of Saint Paul by Notice of Intent to Deny Provisional Taxicab Driver License
4 Applicarion dated March 3, 2005, for a felony conviction of Passession of a Firearm by an
s Eligibie Person; and
s
7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny Provisional
s Taacicab Driver License Application to contest the conviction; and
s
io WHEREAS, the Notice of Intent to Deny Provisaonal Taacicab Driver License Application
ii stated that if the licensee failed to contest the denial by March 14, 2005 , that the matter would be
i2 placed on the consent agenda to impose the recommended penalty; now, therefore, be it
13
i4 RESOLVED, that the Saint Paul Provisional Ta�ticab Driver's License application
is submitted by Anastacio A. Martinez be denied.
Requested by Department of:
BY: �a� � �
Form Approved by City Attorney
option Certified by Council Secretary
By:
Mayor for Subm4ssic�n� Codn�il
�roved ]�y�yor: Date
'.opted by Council: Date .�� ��/'� .�j1��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depa[tmenNofficetcouncii: Date IniGated_ � � � ��
Lp — Lice��se![nspocfio�JF.nrironProt ,�-�-05 Green Sheet NO: 3025744
Goatact Person & Phone:
Rachel Gunderson
2fi6-8710
Must Be on Council Agenda by (Date):
�
Assign
Number
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Routing
Order
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1 icens ns ec'o nvironPro De rt ntDir or
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3 a or's O�ce �favorlAssi tant
4 "1
5 i lerk i ler
Total # of Signature Pages _(Clip Ail Loqtions for Signature�
Action Requested:
Approval of the attached resolurion to take adverse action againtt the Saint Paul Provisional Taxicab Driver's License applicatian
submitted by Anastacio A. Martinez (License ID#20040000721) in Saim Paul.
idaGons: Approve (A) or R
Planaing Commission
CIB Committee
Civil Sanrice Commission
1. Has this perso�/firzn eve� worked uade� a contract for this department?
Yes No
2. Has this personfflrtn ever been a city employee?
Yes No
3. Does tbis personlfirm possess a skiil not normally possessed by any
curzent city empfoyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, Wfien, Where, Whyy:
Licensee was convicted for Felony Possession of a Firearm by an Ineligible Peson on November 13, 2001 in violafion of St. Paul
Legislative Code Secrion 37616 (e)(4).
AdvantageslfARproved:
Application denied as recommended by the Office of LIEP.
Disadvantages If Approved:
None
fisativantages If Not Approved:
Total Amount of
Transaction:
Punding Source:
inancial Informafion:
(Expiain)
CosVRevenue Budgeted:
Activity Numbe�:
r i'F?"=aa7�^°r� 9°n�.:....
t � �; �
QFFICE O fE CITY A7'IO&V EY
6lnnuelJ Cervmqes, CiryArtorne��
V✓�d�V
CITY OF SAINT PAUL
Rnndy C. Kelly, bIn}'or
ci,arDicrtFOn
40D Ciry Hnlf
Ii WeslKelloggBlvd.
Sain[ Pnul, Minmesota 5510?
Telepharse: 651 ?66-87l0
Facsimile: 65! 198-5619
March 3, 2005
NOTICE OF INTENT TO DENY PROVISIONAL
TAXICAB DRIVER LICENSE APPLICATION
Anastacio A. Martinez
893 Bun Street
St. Paul, MN 55101
RE: Application for a Saint Pau1 Provisional Taxicab Driver's License
License ID # 2004QOQ0721
Deaz Mr. Martinez:
The Office of License, Inspection and Environmental Protection has recommended denial
of the Provisional Taxicab Driver's license application you submitted. The basis for the
recommendation is as follows:
On November 13, 2001, you were convicted of Possession of a Firearm
by an Ineligible Person, a felony, under an alias name of Justin
Andrew Bye. Sentencing took place on April 1, 2002 and July 29,
2003, after an appeal was taken. Pursuant to Saint Paul Legislative
Code §376.16(e)(4) a person is ineligible for a taxicab driver's License
if they have a felony conviction within the past five years. On
Sepfember 26, 2003, Minneapoli.s police stopped a vehicle being
driven by you and during a subsequent search oi the vehicle found a
large baggie of marijuana and a shotgun in the trunk. Pursuant to
Saint Paul Legislative Code §310.06(b)(10), adverse action, inctuding
denial of a license, can be taken against a person who shows by past
conduct thaY such Licensee is not a person of good moral character or
fitness required to engage in the ficensed acrivity or profession. The
Office of LIEP believes that the possession of an illegai substance
Fvhile driving is directly related to the occupation as a taxicab driver
and that the presence of the shotgun in the trunk are evidence of lack
of fitness to engage in the activity of a taxicak driver.
AA-ADA-EEO Employer
Anastacio A. Martinez
Mazch 3, 2005
Page 2
At this time you have two options on how to proceed:
�5-d�l.�
If you do not d2spute the above facts please send me a letter with a statement to that
effect. The matter will then be scheduled for a hearin� before the St. Paul City Council to
determine cvhat penalty, if any, to impose. You will have an opportunity to appear and
speak on your own behaif, ar to have someone appear there for you.
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 wi11 be able to appear and present �vitnesses,
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 ]etter 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.
3. If you do not wish to challenge the denial, you can withdraw your application. 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 directed to Reid Soley
If we have not heard from you by Monday, March 14, 2005 we will assume that you
do not contest the facts and will schedule this matter for the St. Paul City Councii and have
it placed on the Consent Agenda during which no public discussion is allowed and your
license application will be denied.
Sincerely,
'�� ,, � -u..,
�
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Reid Soley, LIEP
AA-ADA-EEO Emptoyer
o5-a�g
STA'I'fi OF MINNESOTA }
) ss.
COUNTY O� RAMSEY }
AFFIDAVIT O� SERVICE BY U.S. MAIL
MEGHAN McGNERN, being first duly sworn, deposes and says that on March 3, 2005; she
served the attached NOTICE OF INTENT TO DENY PROVTSIONAL TAXICAB DRIVER
LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as
follows:
Anastacio A. Martinez
893 Barr Sreeet
St. Paui, MN 55101
(which is the last known address of said person) depositing [he same, with postage prepaid,
in the United States mail at Se. Paul, Minnesota.
�_// �
/t.1/�, �, � ��,_
< � - ti --
.
Subscribed and swom to before me
this 3rd day of Mazch, 2005.
JU(.IE ANNE KRqUS
NOTARY PUBUC - M�kdESQTA
EXP ES J�AN. 01 p