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06-177Council File # ��' ��1 Green Sheet # �r/�S � � � RESOLUTION CITY OF SAINT PAUL, NIINNESOTA lQ PRESENTED BY REP'ERRED TO COir11'iIITTEE: DATE 1 z WfIEREAS, adverse action was initiated against the Tasicab Driver (Provisional) license a application submitted by Jason C. Baumgardner (License ID# 20060000023) for the City of Saint 4 Paul, by Notice of Intent to Deny Taxicab Driver License Application dated January 26, 2006, alleging s licensee pled guilty and was sentenced far Misdemeanor pomestic Assault within the last three (3) s years in violation of Saint Paul Legislative Code §376.16 (e) (4); and s WHEREAS, the licensee did not respond to the Notice of Intent to Deny Tasicab Driver s License Application to contest-the allegation; and 10 ii WHEREAS, the Notice of Intent to Deny Taxicab Driver License Application stated that if the iz licensee failed to respond by February 6, 2006, that the matter would be placed on the consent agenda i3 to impose the recommended penalty; now therefore, be it 14 is RESOLVED, that the Ta�cicab Driver (Provisional) license application submitted by Jason C. is Baumgardner is hereby denied. 17 18 Requested by Department of: BY� ______�n0/ � `� �— Form Approved by City Attorney By: Adoption Certified by Council Secretary � \/ /fj }/ Approved y ay r£or Submission to Council BY� � ' //,li/L /�,/il��dlL Approved by Ma br: Date 3 B By: �f .� Adopted by Council: Date,//i/�f��c7%�� � Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet Green Sheet � �p'�11 DepartmenU�celcouncii: Date Initiated: LP 7acense/Inspection/EnvironProt 73 Green Sheet NO: 3029713 Contact Person & Phons: Rachel Gunderson 266-8710 Must Be on Council qqen � Assign Number For Routing Order Deuartment Sent To Person Initial/Date 0 icen ns ecti n/Envir n Pr 1 icense/Ins eMion(EnvironPro De aranentDirector 2 i Attorne 3 a or's O� e Ma or/Assistant 4 ou cil 5 i Clerk Ci Cler Total # of Signature Pages _(Clip All Lowtions for Signature) Approval of the attached resolution to take adverse acrion against the TaYicab Driver (Provisional) license application submitted by Jason C. Baumgazdner (License ID#20060000023) for the City of Saint Paul. Kecommendations: Approve (A) or Reject (��� - Planning Commission .._ CIB Committee _ Civil Service Commission 1. Has this person/fimi ever worked under a contrad for this departmenC? ' Yes No 2. Has this person/firm ever been a city employee? Yes No � 3. Does this person�rtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet InHiating Problem, Issues; Opportunity (Who, What, When, Where, Why): - � Licensee pied guiity and was senienced ior a iYlisdemeanor pomestic Assauit within the Iast tluee yeazs in violation of St. Paul Legislative Code Secrion 376.16 (e) (4). After norification, licensee failed to respond to the Notice of Intent to Deny Ta�cab Driver License Application. AdvantageslfApproved: License denial as racommended by the Office of LIEP. Disadvantages If Approved: None. * : DisadvanWges If Not Approved: 'otal Amount of Transaction: Pundinp Source: Service Contracts Cost/Revenue Budgeted: Activity Number: r � ■ • r1 e .�,�� .�' Financial information: - (Expiain) F� i CITY OF SAIN'T PAUL ChrrstopherB. Colemmr, Mayor January 26, 2006 OFFIC ,:F THE CTTY ATTORNEY .IoFos J. Choi, CifyAnomey 6 �_��1 cm,�on 400CityHalT IS WestKe7lop„QBlvd SomtPaul, Minnesota SSIO2 Telephone: 65I 266-8�10 Facsimile: 651298-5679 NOTICE OF INTENT TO DENY TA7�ICAB DRIVER LICENSE APPLICATION Jason C. Baumgazdner 130? Summer Street Northeast, #3 Minneapolis, MN 55410 RE: Application for a Saint Paul Ta�ricab Driver (Provisional) License License ID # 20060000023 Deaz Mr. Baumgazdner: The Office of License Inspection and Environmental Protection has recommended denial ofthe Saint Paul Taxicab Driver (Provisional) license application you submitted. The basis for the recommendation is as follows: On July 11, 2003, Hennepin County records show that you pled guiity and were sentenced for a Misdemeanor pomestic Assanit. Saint Paul Le�islative Code �376.16 (e) (4) states that in order to be eligjble for a Taxicab driver's license the applicant shall not have a G°misdemeanor conviction in the last three (3) year involving the use or threat of use of force". At this time you haue two options on how to proceed: You can withdraw your application. If this is your choice, you should send the letter direcfly to fhe Office of License, Inspections and Environmental Protection, 8 Foutth Street East, Suite 200, St. Paul, Minuesota, 55101-1002. The letter should be directed to Reid Sqley no ]ater than Monday, February 6, 2006. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. AA-ADA-E£O Emp]oyer 3ason C. Baumgazdner � �' Januazy 26, 2006 �_ �^`� Page 2 2. If you wish to have a public hearing befare the Saint Paul City Council, you will need to send me a letter with a statement admitting the £acts and requesting a public hearing. We will need to receive your letter by Moaday, February 6, 2006. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license application. You will haue an opporfunity 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 conviction is not related to your license as a cabdriver, or that you have been rehabilitated pursuant to Minu. Stat. §364.01 et seq, a hearing will be scheduled before an Aduiinistrative Law Judge. At that hearing both you and the City wili be able to appear and present witnesses, evidence and cross-exainine 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 Monday, February 6, 2006. If I have not heard from you by that date, I will assume that you are not contesting the denial of your license application. Sincerely, �� Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LIEP AA-ADA-EEO Employa r� � Qlo.— l`!1 STATE OF MINNESOTA) ) ss. COTJNTY OF RAMSEY ) AI+FIDAVIT OF SERVICE BY U.S. MAII. JiJLIE KRAUS, being first duly sworn, deposes and says that on 7anuary 26, 2006, she served the attached NOTICE OF INTENT TO DENY TAXICAB DRIVER LICENSE APPLICATION by placing a true and conect copy thereof in an envelope addressed as follows Jason C. Baumgazdner 1307 Summer Street Northeast, #3 Minneapolis, MN 55410 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � • KRAUS Subscribed and sworn to before me this 26`� day of January, 2006 taty Plic�� c R{TA IA. BOSSARD NOTARY PIALIC • MIFB�FSOTA MY COMNNSSION EXPIRES JAN. 31. 20 1 0