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05-250Councii File # (�,�' �,�J Green Sheet # .3a�`t �U3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA F'RE5ENTED BY RE%FEARED TO ComrnilmmEE: DATE 2.tP i WI�REAS, adverse acrion was nutiated against the application for a Saint Pau1 T�icab 2 Driver's license submitted by Darrel W. Henton (License ID No #0058492) for the City of Saint a Paul by Notice of Denial of License Application dated October 12, 2004, alleging a felony 4 conviction for fifth degree possession of a controlled substance; and s s 7 $ 9 io ii 12 13 WFIEREAS, the Notice was returned as "Attempted - Not Known Unable to Forward"; �J WHEREAS, the Office of License, Inspection and Enviromnentai Protection and the City Attorneys Office do not have any current address for the applicant; now, therefore, be it RESOLVED, that the application for a Saint Paul Taxicab Driver's license submitted by Darrel W. Henton be denied as recommended by the Office of LIEP. Requested by Department of: By: � " � �w.di� Form Approved by City Attorney By: �doption Y � _� pproved �: by Council Secretary . Date Mayor for 4dopted by Council: Date�,///r�t�„3,�j/Q� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 05'a5D DepartmeM/office/couneii: Date Initiated: �p —tic�senuspecsa�n�ronrm� o�ov� Green Sheet ld0: 3024103 Contact Person 8 Phone: Yrginia Palmer 2fi&87t0 Must Be oo Cour.ci! Ag¢nda p 'r n P 1 ice 'o nviro Pro e a eo[Director 2 r 3 a r' �ce b1 vor! si taot 4 o cit 5 [ er i le � Assign Number For Routing Order Totaf # of Signature Pages _(Giip AII Locations for SignaGUe) yu�.-.aacr. Approval of the attached resolution to take adverse acrion against the application for Saint Paul Taxicab Driver's License submitte y Darrel W. Aenton (License ID#0058492) in Saint Paul. ida5ons: Approve (A) or Reject (R): Planning Commission G6 Committee Civil Service Commission Contracts �. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? � Yes No 3. Does this personifirtn Passess a skill not �ormaly possessed by any curreM city employee? Yes No Explain all yes answers on separate sheat and attach to green shee: initiating Probiem, Issues, Opportunity (Nlho, What, When, Where, WO�j: A crixuinal history check shows a felony conviction for fiRh degree possessinn of cocaine on November 6, 2003. St. Paul Legislative Code Secrion 376.16(ex4) prolubits the issuance of a license to an individual who has a felony conviction for possession of a controlled substance within five years of application. AdvaMages If Approved: License applicatian demed per recommendarion of the Office of LIEP. Disadvantages If Approved: Hone �isadvantages if Not Approved: icense applicafion approved against the recommendation of the Office of LIEP. Totai Amount of TransacUon: Fundin� Source: inancial Information: (Explain) CosURevenue Budgeted: Activity Number: CotBi �°c4 E3�e��>,.� �„�,a� 4 ` I! CITY OF SAINT PAUL Randy C Kelly, bfapo� October 12, 2004 OFFICE �. . THE CITY ATTORNEY Marsuef J. Cen�arttet, City At[orney 05-� CivifDivision 400 Cify NnQ Te(ephone: 65! 266-5710 ISIi'utKelfoggB[cd Fnesimi(e:65/293-5619 Sairzt Pacd, hfinnesom SSIO? NOTICE OF DENIAL OF LICENSE APPLICATION Mr. Darrel W. Henton 11010 Mississippi Boulevard #211 Coon Rapids, MN 55433 RE: Application for a Saint Paul Taacicab Driver's License License ID #0058492 Dear Mr. Henton: The Office of License, Inspection and Environmental Protection has recommended denial of the taxicab driver's license application you submitted. The basis for the recommendation is as fo2lows: Your criminal history check shows a felony conviction for fifth degree possession of cocaine on November 6, 2003. Saint Paul Legislative Code §376.16(e)(4) prohibits the issuance of a license to an individual who has a felony convictiou for possession of a controlYed substance within five years of application. At this time you have two options on how to proceed: If you do not dispute the above facts and do not wish to challenge the denial, you can withdraw your appiication for renewal of your 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 Buildin�, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Reid Soley no later than Friday, October 22, 2004. AA-ADA-EEO Empioyer Darrei W. Henton October 12, 200A Page 2 05 -a� 2. 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 7udje. At that hearin� both you and the City �vill 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 hearin�. We will then notify you of the time, date and place of the hearin�. If we have not heazd from you by Friday, October 22, 2004, we will assume that you do not contest the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty of denial of your license application wi11 be imposed. Sincerely, r� i '�c�,c�cc<.<.� �_ c�-�',.,� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LTEP Reid Soley, LIEP AA-ADA-EEO Employer (�'J-�50 STATE OF MINNESOTA ) ) ss. AFFTDAVIT OF SERVICE BY iJ.S. MAIL COUNTY OF RAMSEY } MEGIiAN McGNERN, being first duly sworn, deposes and says that on October 13, 2004, she served the attached NOTICE OF DENIt1I, OF LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Darrel W. Henton 11010 Mississippi Boulevard i€211 Coon Rapids, MN 55433 {which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 11�.�, .. � �1.���,��► �� ` � :� � Subscribed and sworn to before me this 13th day of October, 2004. - - -�..� » �cEUw�� c c«�rrrs }`�. NOTAPY � .gf iC - MINNESOTA �.SY COMMiS31GN • EsPfP.<S JRN. 31. 2W5 d�~ � ,.,,,, 3 * ��sa? �' �E� s e � , : ���� z N :, i Ti o ' I � �� � � � ���� �� :}�� i. _ � � <, _ �- � � � c J � C � .? 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