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06-164Council File # �� 1�� Green Sheet # � � RESOLUTION OF�SAINT PAUL, MINNESOTA �� PRESE�'TED BY REFERRED TO COrIbIITTEE: DATE i WHEREAS, adverse action was initiated against the Taxicab Driver's license held by z Lawrence J. Selb (License ID#0011427) for the City of Saint Paul, by Notice of Intent to Deny 3 License, alleging the licensee was convicted of four (4) or more cnoving violations within the last g three (3) years in violation of Saint Paul Legislative Code §376.16 (6) (c); and 5 s WHEREAS, the Office of License, Inspections and Environmental Protection has � recommended a denial of his Taxicab Driver's license; and s s WHEREAS, the licensee has not contested the allegations; now, therefore be it io ii RESOLVED, that the Taacicab Driver's license held by Lawrence J. Selb for the City of ia Saint Paul is hereby denied. 13 i4 This Resolution, and the acrion taken above, are based upon the facts contained in the i� December 2Q 2005, Notice of Intent to Deny License sent to the licensee and the arguments is made at the Public Hearing on February 15, 2006. Requested by Department of: Adoption Certified by Council Secretary BY� /�i%L%G/Ji2 _ Approved b a or: Date �� i� By: $Y� �� R/ Adopted by Council: Date _�pfU/9li ��00� Form Approved by City Attorney � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ♦ Lp — License/In.specaan/Environ Prat Date Initiated: � O � — � � � Za�,�-06 Green Sheet NO: 3029467 y Assign Number For Routing Order Deoartmen[ Sent To Person 0 icensellns ection/Environ ro 1 icense/Ins ecfion/EnvironPro De artmentDirector 2 i A me 3 or's Office a or/Assistant 4 onncil 5 i Clerk Ci Clerk Conqct Person 8 Phone: Rachel Gunderson 266-8710 Mu�t Be on Council Agenda by 11 n n • li � �e� /� ToWI # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse acrion against the Taxicab Driver's license held by Lawrence J. Selb (I.icense ID #0011427) for the City of Saint Paul. idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civif Service Commission� Personal Service ConVacts Must 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' Licensee was convicted of four (4) or more moving violarions within the last three (3) yeazs in violation of Saint Paul I,egislative Code Secrion 376.16 (6) (c). AdvanWpes If Approved: Denial of renewal license per recommenda6on of the Office of LIEP. DisadvantayeslfApproved: None. Disadvantages If Not Approved: ToWI Amour�t of Transaction: Fundinq Source; CosURevenue Budgeted: AUivity Number. f�kE � Fi nancial Information: (Explain) JAN 2 6 2D05 OFFICE OF "I'f� CITY ATTORNEY John Choi, Ciry Attarney �� I�� CIl i OF St'111VT PAVL CivilDivision ChristopherB.Coleman,Mayor 400CiryHa11 Telephone:651266-87T0 ISWestKelZoggBlvd. FacsFmile:651298-5619 Saint Paul, Minnesota SSIO2 �� January 20, 2006 NOT`ICE OF COUNCII, HEARING Lawrence J. Selb 1132 Payne Avenue, #1 St. Paul, NIN 55101 RE: Taxicab Driver license held by Lawrence J. Selb for the City of Saint Paul License ID #O011427 Dear Mr. Selb: Please take notice that this matter has been set on the Public Hearing Agenda far the City Council meeting scheduled for 5:30 p.m., Wednesday, February 15, 20d6, 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 gresented to the City Council for their considerarion. This is an uncontested inatter conceming your license renewal being denied due to the fact that you were convicted of four (4) moving violations within the last three (3) years in violarion of Saint Paul Legislarive Code §37616 (6) (c). This matter has been placed on the public hearing agenda portion of the City Council meering, during which public discussion is allowed. The recommendarion of the licensing office is denial of your license. If there is anv information vou would like Cit� Council to review nrior to the public hearing I will need to receive it no later than Tuesday Februarv 7 2006 If you have any quesfions please feel free to contact me at 266-8710. Very truly yours, } 1 GL�. �j�� Rachel Gundersori Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Dates of Violations Lawrence J. Selb 1132 Payne Avenue, #1, St. Paul, VIN 55101 Wednesday, February 15, 2006 @ 5:30 p.m. ��-��`1 Licensee was convicted of more than four (4) moving violations within the last three (3) years. July 12, 2003; August 12, 2003; September 7, 2004; September 27, 2004 and June 22, 2005. Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Taxicab Driver license Attachments: 1. Proposed resolution. 2. Copy of invoice dated 12/18/OS 3. Copy of Department of Public Safety - Driver and Vehicle Services printout. 4. Copy of Notice of Violation dated 12i20/05 with Affidavit of Service. 5. Copy of letter from licensee dated 12/23/05 requesting a public hearing. 6. Copy of Saint Paul Legislative Code §376.16 (6) (c) .; � �� , - VOICe heck this box if making any name, mailing address br�fione # corrections. Piease write the changes on thfs form. if your business license address is changing, please requesf a new business (icense apptication. October 19, 2005 �1Qnti To: LAWRENCE J SEIB � HOME PHONE612S55-0934 � �� Transaction Description 11427 Taxicab Driver (Renew) Expires: 12/18/2005 @ 716 HAGUE AVE Requirements �� '�� CITY�OF SAINT PAUL' Office of License, Inspections & j Environmental Protection I 8 Fourth St. E, Suite 200 ' Sainf Paui, MN 55101-1024 : PHONE: (651) 266-9090 i FAX: (65'I) 266-9124 ; AA-ADA-EEO Employer ; Invoice # : 449995 Invoice Due Date: '12/18/2005 Account Balance: $40.00 Pay this Amount $40.00 Trensaction Totaf 40.00 6 Riease make any necessary changes to the above address and complete fhe follow Date of Birth: �� - �� Phone #: �q�� lr��i. �j� �3� �,�{ C � ' �rivetsLicense#: � �l�""�� '"`��g — �j,�-.� �pi�tionDate:��-1 ! Are you a citizen of the United States? � V�L S —� If you are not a UScitizen, you must provide proof of work authorization from the US Immigration and Naturalization Service. Name and Address of Cab C pany you � I�riving f r:� Company Name: � �� - CompanyAddress: �� . �.f�.fi�!-� � �� 7 , ANY:-FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION i hereby state that 1 have answered all of the preceding queskions, and that the information contained herei� is We and correct to the best of my knowledge and belief. I hereby authorize fhe Saint Paul Police Department to use the infortnafion I have provided t0 check criminal histories, arrest records, and warrant information; and for the police department to provide these recrords to the Office of License, Inspections, and Environmental Protection to determine my eligibility for a taxicab driver license. I understand that the information contairted in the c[iminal 6ackground investigation is confidential, except that it may be conveyed to other law enforcement or licensing agencies. I also hereby state that I have read and understand the rules and regulations setf�orth in Chapter 376.16 (fa�cicab DriveY,,� License of the Saint PaW Legislative Code). �-12-l� I 6s � Please Give Us Your Email Address: Please Return this invoice with your payment! SELFS%18 »16+i25U9 iO45 O4 ic"5/22/OS RETUFtI�t T6 ��F_t\IDER SELB `LR42t�ETJCc J 1132 FAYkVE AVE #3_ . SRIt�ST PAUt 1+(N SSSOS-3722 RETLIRIV TO SENSJER t�-a�aS' �� S�z-e�tr� '�'!c�c'E'f �n �aSfi � ,.�sS. P—S �- �- r a-%a-- t�.-i3..o$ oj� Cr��;..a=� /'-S _ _ -�,�;�� T=WS � ,� � � � � � � �t� � �- O l� - i l�y . � � . -.€}.;— --{--�--- ---- "-. -. . -- � - - -� - --1 o->..nvi33:n ' '� 7[i�f'(tE� E,1�(�35� NC ft ��11ZISF:.p.�kL � i I a 9 � o�-- I�y � OFFICi �. THE CITY ATTORNEY M¢mrel J. Cervmues, CityAKOrney CITY OF SAINT PAUL Rm:dy C. Kelly, Mayor December 20, 2005 c�D;,,�� 400 Eity$¢ZZ IS WestKello,¢�Bfvd SaintPmt� Mirmesota SSZ02 NOTICE OF INTENT TO DENY LICENSE Lawrence J. Selb 1132 Payne Avenue, #1 St. Paul, MN 55101 RE: Taicicab Driver license held by Lawrence J. Selb for the City of Saint Paul License ID # 0011427 Dear Mr. Selb: Telephone: 657 266-8710 Facsimi7e: 65I 298-5679 The Office of License Inspections and Environmental Protection has recommended denial of the.Taxicab Driver license held by Lawre�ce J. Selb for the City of Saint Paul. The basis for the recommendation is as follows: Dnring a routine check of your driving record, it was discovered that from July 12, 2003 throngh Jnne 22, 2005 you had been convicted five (S'times for Speeding and one (1) time for Failure to Obey A Street Sign ., Saint Paul Legislative Code &376.16 (� (c) states that in order renew a Taxicab Driver's license the applicant shall not have a"no more than four (4) moving violations within the last three (3) years". At this time you have two options on how to proceed: 1. If you wish to have a public hearing before the Saint Paul City Council, you kvill need to send me a leiter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Friday, December 3Q, 2005. The matter will fhen be schedttled before the City Council for a public hearing to deterinine whether to deny your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer I,awrence J. 5elb D'ecember 20, 2005 Page 2 r �- � � -- I�y 2. You may withdraw your license application. Send a written statement to that effect to the Office of License, Znspecfions and Environmental Profection, 8 Fourth Street East, Suite 200, Si. Paul, Mivnesota 55101-1002 no later than Friday, December 30, 2005. Information should be directed to the attention of Cluiskine Rozek. Any request for a refund of the license applicafion fee must also be made in writing to the Office of L]EP. ff you have not contacted me by that date, I will assume that you do not contest the denial of yonr license. If you have any questions, feel free to ca11 me or have your attorney call me at (651) 266-8710. Sincerely, � Gu�L�wCQ ls Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Lawrence J. Selb, 738 Lafond Avenue, St. Paul, MN 55104 AA-ADA-EEO Employer Chapter 376. TaYicabs* Sec. 376.Z6. Taxicab driver's license. Page 1 of 2 � Y J '� 1 (a) License required, Effective March 15, 1991, no person shall drive a taxicab, nor shall 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 dispiayed a taxicab driver's license under tfie provisions of this Code. (b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may carry passengers from that city to any place within the City of Saint Paul and may freely enter and travel upon the streets for that purpose. In that case, it shall not be deemed necessary for the taxicab driver to obtain a Saint Pau! 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 this Code. Whife within the city, the taxicab driver shali be required to observe alf of the appiicable regulations and conditions of this section and shall have in possession and display to any person upon demand the Iicense certificate for the taxicab. (c) License application. Every applicant for a taxicab driver's license shall file an application with the license division. The application shall be made on a form provided by said division, containing such information as the ticense inspector may require, incfuding, but not fimited to, a compfete emptoyment history, to verify that the terms and conditions of this chapter have been met. Tfie application shail be signed and sworn to 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 forward the results of the application to th2 license inspector. 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 license shall be established by ordinance as specified in section 310.09 (b) of the Legislative Code. (e) Prerequisites to llcense. Eligibility to be licensed to operate a taxicab shall 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 Naturalization Service; (4) Shall have no felony convictions in the last five (5) years; shall have no nontraffic gross misdemeanor or misdemeanor convictions in the Iast 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 to state statute, an exception to the above provisions upon evidence that the offense is not relateii 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 involving injury or death: 1. Leaving the scene of an accident; 2. Drivi�g under the influence of an alcoholic beverage, controlled substance or hazardous substance that afEects the nervous system, brain, or musctes of the person so as to substantialfy impair the person's ability `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 alcohol 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 reasonable person could draw the inference that the driving behavior was affected or inFluenced by the driver's use of alcohol, controlied substances or hazardous substances affecti�g the driver's nervous system, brain or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle; or fi. Ref�salto 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 Ehan two (2) moving violations in the last year. For renewai: No more than four (4) moving violations within the last three (3) years and no more than three (3) moving violations in the Iast year. Moving violations shaif mean for this subsection those violations specified above in subsection (5)a., and any speeding violations. d. Every new applicant shali have at least one (1) year`s driving experience as a licensed driver. Such prior driving experience shall be verified by an affidavit sfgned by a reputable person and submitted with the license application. e. Upon submission of proof Qf suitability and evide�ce of insurability, the license inspector may vaaive one (1) or more of the requirements listed above; prouided, that any such waiver shall indicate the grounds for the inspector's decision and sfiall be approved by the director of the office of license, inspedions and http://www.stpaul.gov/code/1c376.hhn1 1/19/2006 �- sTAZ� o� zv�vrrFSOTa ) � Ss. COUN'I`Y OF RAMSEY ) �- �� " � �+`1 AF'F`IDAVIT OF SERVICE BY U.S. MAIL MEGIIAN McGIVERN, being first duly sworn, deposes and says that on December 20, 2005, she served the attached NOTICE OF INTEN£ TO DENY LICENSE by placing true and conect copies thereof in envelopes addressed as follows: L,awrence J. Selb 1132 Payne Avenue #1 St. Paul, MN 55101 L,awrence J. Selb 738 Lafond Avenue St. Paul, MN 55104 (which are the last known addresses of said person) depositing the same, with postage pzepaid, in the United States mail at St. Paul, Minnesota. u� � ��.<< / MEGEIAN McGIVERN Subscribed and sworn to before me JOAN�lE G. CLEMENTS t�pTARY PU@LIG - M!N PESOTA S�Y COMMISSION EXPIRES 3AN. 31, 20 1 0 Notary Public . , -- ��