05-249Council File # �.}.�� eC
Green Sheet # �l � s� � ,�
RESOLUTION
CITY OF SA1NT PAUL,IVIINNESOTA Z5
PRESE;ITED SY
REFERRED TO
CQMMITTEE: DATE
i Wf�REAS, adverse action was nutiated against the Saint Paul Provisional T�icab
z Driver's License application submitted by Vern L. Mudgett (License ID#20040004986) for the
a City of Saint Paul by Notice of Intent to Deny Provisional Taacicab Driver License Applicarion
4 dated March 2, 2005, for a felony convictions of Unauthorized Use of a Motor Vehicle and
s Violarion of the Controlled Substance Law, Fifth Degree; and
s
� WF�REAS, the licensee did not respond to the Notice of Intent to Deny Provisionat
s Taxicab Driver License Appiication to contest the convictions; and
9
ia WHEREAS, the Notice of Intent to Deny Provisional Tasicab Driver Lioense Application
ii stated that if the licensee failed to contest the denial by March 14, 2005 , that the matter would be
iz placed on the consent agenda to impose the recommended penalty; now, therefore, be it
13
i4 RESOLVED, that the Saint Paul Provisional Taficab Driver's License application
is submitted by Vern L. Mudgett be denied.
Requested by Department of:
:option Certi£ied by Council secretary
BY: �.�I �� � N'KX i
Form Approved by City z�ttorney
By: �
Mayor for Subm��oryjto Cc�ung"il
�roved bvr ak�or: nate � ")' L�`� �
4opted by Council: Date �/AC_�f�3,�/1'Uj
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�---�----�-p--�---_-. __._._.,.__ d5'a�q
�p — LicenseflnspectionlEnviron Prot
Contact Person 8 Pho�;
Rachel 6underson
2665719
6e on Cou�rcil Agenda by (Date):
15-MAR-OS
y
Assign
Number
for
Routing
Order
Green Sheet NO: 3025745
0 i e/[ns 'o nrir n Pr
1 i e e1I eMio viro ro D a nt DireMOr
2 i A o n
3 0's Office Ma orlAssi:taat
4 unci
5 i Clerk Cin' ierk
ToW! # of Signature Pages _(Clip All Locations for Signature)
AcGon Requested:
Approval of the attached resolution to take adverse acrion against the Saint Paul Provisional Taacicab Driver"s License applicarion
submitted by Vem L. Mudgett (License ID#20040004986) in Saint Paul.
idations: Approve (A) or R
Pfanning Commission
CIB Committee
Civil Service Cammission
Personal Service Contracts Must Mswer the
1. Nas this personffirtn e�er worked untler a contract for this department?
Yes No
2. Has this persoNfirm ever been a ary empbyee?
Yes No
3. Does this persoNfirm possess a skill �ot normally possessed 6y any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and ariach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee was convicted of a Felony Violation of the Conuolled Suhstance Law, Fifth Dearee on December 4, 2002 and a Felony
Unauthorized Use of a Motor Vehicle on 3anuary 2&, 2003 in violation of Saint Paul Legislative Code Section 376.16 (e)(4).
Advantapes If Apprrned:
Applicarion denial as recommended by the Office of LIEP.
Disadvantasies If Approved:
�TOne.
isadvaMages N Not Approved:
'aW! Amount of
Transaction:
Fundinst Source:
nancial Information:
(Explain)
GosURevenue Budgeted:
Activity Num6er:
.,at8 q"l',S'r'.'�Jg��:�� �!]!}x!9�
.. M1.. �... � ..{�...
OFFICE G. ,T-IE CITY ATI'OR\EY
Ffnnuet l Cen�nnres. Ciry A[rorney
05-a�tR
CITY OF SAINT PAUL
Rnnd}' C. Keliy. Ntn}�or
Civi( Dirisron
4D0 Cit}' Hnll
I S West Kellogg Blyd.
Saint Patd. dlinnetota Si IOZ
Telepl+one: 65t 2d6-871D
Fntsimite: 6�/ 295-5619
Mazch 2, 2005
NOTICE OF INTENT TO DENY PROVISIONAL
TAXICAB DRIVER LICENSE APPLICATION
Mr. Vern L. Mudgett
661 Orange Avenue East
St. Paul, MN 55106
RE: Application for a Saint Paul Provisional Taxicab Driver's License
License ID # 20040004986
Dear Mr. Mudgett:
The Office of License, Inspection and Environmental Protection has recommended denial
of the Provisional Taxicah Driver's license application you submitted. The basis for the
recommendation is as follows:
On January 28, 2043 you were sentenced as a felony for
Unauthorized I7se of a Motor Vehicle. On December 4, 2002,
you were sentenced as a felony on a Violation of the Controlled
Substance Law, Fifth Degree. Pursuant to Saint Paul Legislative
Code §376.16(e)(4) a person is ineligible for a tasicab driver's
license if they have a felony conviction within the past five years.
At this time you have three options on how to proceed:
If you do not wish to challenge the denial, you can withdraw your application. If this is
your choice, you shauld send the letter directly to the Office of License, Inspections and
Environmental Frotection, Room 300 Lowry Professional Buildin�, 350 Saint Peter
Street, Saint Paui, Minnesota 55102. The ]etter shouid be directed to Reid Soley.
AA-ADA-EEO Employer
Vern L. Mudgett
March 2, 2005 �5' a��
Pa�e 2
2. If you do not dispute the above facts please send me a leiter �vith a statement to that
effect. The matter will then be scheduled for a hearin� before the St. Paut City Council to
determine what penalty, if any, to impose. You will have an opportunity to appear and
speak on your own behalf, or to have someone appear there for you.
3. If you do dispuee 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
7udge. At that hearing both you and the City wiil 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 wiil then notify you of the time, date and place of the hearing.
If we have not heard from you hy Monday, March 14, 2005 we will assume that you
do not contest the facts and wil{ scheduie this matter for the St. Pau3 City Council and have
it placed on the Consent Agenda during which no public discussion is alSowed and your
license application rvill be denied.
Sincerely,
J ! �
% '
;i L'z�vu.cr t,cL�.-,,.�,
J
Virginia A. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Reid Soley, LIEP
AA-ADA-EEO Emptoyer
�-a�t�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AF`FIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly swom, deposes and says that on Mazch 3, 2005, she
served the attached NQTICE OF INTENT TO DENY PROVISTONAL TAXTCAB DRIVER
LICENSE APPLICATION by placing a true and conect copy thereof in an envelope addressed as
follows:
Mr. Vem L. Mudgett
661 Orange Avenue East
St. Paul, NIlV 55106
(whieh is the last known address of said person) deposi�ing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
�� `_l, it,. � � ��..
..
�
� •
Subscribed and sworn to before me
this 3rd day of March, 20Q5.
r �
t���J.� '�
otary Public
JULIE ANNE KRAUS
� NOTARYPUHLIC-MIWVESOTA
PAY COMMISSION
EXPIRES JAN, 31, 2 � 1 0