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06-454CITY Presented Council File # �—�fSy Green Sheet # 3 d 5�1:3 RESOLUTION SAINT PAUL, MINNESOTA � 2 � O�.J 2 3 WIIEREAS, adverse action was initiated against the T�icab Driver license renewal application 4 submitted by Scott E. Barton (License ID#20050000230) for the City of Saint Paul, by Notice of Intent to 5 Deny Tasicab Driver License Renewal Application dated April ll, 2006,_ alleging licensee's Minnesota 6 driver's license was suspended effective October 31, 2005 for failure to pay child support in violarion of 7 St. Paul Legislative Code 376.16 (e) (1); and 10 11 12 13 14 15 16 17 18 19 WHEREAS, the licensee did respond to the Notice of Intent to Deny Tasicab Driver License Renewal Application to contest the allegation; and WF-IEREAS, the Norice of Intent to Deny Tasicab Driver License Renewal Application stated that if the licensee failed to contest the allegation by Apri124, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Tasicab Driver license renewal application submitted by Scott E. Barton is hereby denied. Requested by Depazhuent of: � �..._ _�� • , ,. Adoption Certified by Coun % Secretary By: � Approv d by ayo ' Date J — ��o By: Form Approved by City ttorney By: Form prov b�yor for S bmis i n to Council By: Adopted by Council: Date }�(� ��) � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet D6 -�5�/ � DepartmeM/office/councii: Date Initiafed: �p - License/InspectionBnvironProt 27-APR-O6 Green Sheet NO: 3030573 Contact Person ffi Phone• Deoartment SentTo Person InitiaVDafe Rachel Gunderson � 0 icen e/Ins ection/Environ Pro 266-8770 p�jyn 1 icenseQns ecfion/EnvironPro De artmentDirutor Must Be on Council Agenda by (Date): Number y tcorne t��` [I ll �A -� 0. For. 1 rw.�l�V� oUting 3 a or'sOffice Ma odAssisfant Order 4 ouncil 5 ' Clerk Ci Clerk Totai # af Signature Pages _(Clip All Lorations�for Signature) � Action Requested: � Approval of the attached resolution to take adverse action against the TaYicab Driver license renewal applicarion submitted by Scott E. Barton (License ID#20050000230) for the City of Saint Paul. Recommendations: Approve (A3 or Reject (R): Personal Service Contrects Must Answer the Following Questioris: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission - � 2. Ha's this persoNfirm ever been a city employee? � Yes� No 3. Does this persoNfirm possess a skill not nortnalty possessed by any � current ciiy employee? Yes No Explain ali yes answers on sepamte sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee's Minnesota Driver's license was suspended effective October 31, 2005 for £ailure to pay child support in vioIation of St. Paul Legislative Code Section 376.16 (e) (1). After norificarion, licensee did not respond to Notice of Intent to Deny TaYicab Driver License Renewal Application. AdvanWfaes If Approved: License denial as recommended by the Office of LIEP. Disadvantages If Approved: " None. Disadvantaqes If Not Approved: Total Amount of CosURevenue Budgeted: Transaction: FundinA Source: Activity Number: ��� o���' Financial Information: (Expiain) �" , � �✓ ( � �� OFFIC�; uF TFIE CITY ATTORNEY .Iohn J. Chai, CityAnorney . O�o - �f5�1 �'I1 S �F ''SAINT pAvL Civil Division Christopher B. Coleman, Maym 400 City HaII Telephone: 657 266-8770 IS Y�est KeZZoggBlvd FacsimiZe: 657 298-56I9 Sa'net Paul, M'mnesota SSIO2 i April 11, 2006 � NOTICE OF INTENT TO DENY TAXICAB DRIVER LICENSE RENEWAL APPLICATION Scott E. Barton 1250 - 7�' Street West, #1 Sf. Paul, MN 55102 RE: T�icab Driver license heid by Scott E. Barton for the City of Saint Paul LicenseID #20050000230 Dear Mr. Barton: The Office of License, Inspecfion and Environmental Protection has recommended denial of the TaYicab Driver license renewal application submitted by Scott E. Barton for the City of Saint Paul. The basis far the recommendation is as follows: On March 16, 2006, you were sent a letter from the Office of License, Inspection and Environmental Protection stating that according to the Department of Public 5afety records your Minnesota Driver's license was suspended effective October 31, 2005 for failure to pay child support. This is in violation of St. Paul Legislative Code Chapter 376.16 (e) (1) which states "Eligibility to be licensed to operate a taaicab shall be as follows: (1) possess a valid Minnesota Driver's license." At this time you have three options on how to proceed: If you wish to have a public hearing befare the Saint Pau1 City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, April 24, 2006. The matter will then be scheduled before the City Council for a public hearing to determine whether to revoke your license. You will have an opporhuiity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer Scott E. Barton ( April l l, 2006 Page 2 �. ( 6:6 - �s'� 2. If you dispute the above facts, you can request a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appeaz and present wifnesses, evidence and cross-examiue the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, Apri124, 2006, and I will take the necessary steps to schedule the adwinistrative hearing. 3. If you no longex wish to do business in the City of Saint Paul, you may send a written statement ta that effect to Christine Rozek in the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101- 1002 tto later than Monday, April 24, 2006. If I have not heard from you by fhat date, I will assume that you are not contesting the denial of your license renewal application. Sincerely, % G�:�,Q Ra�hei Gunder n Assistant City Attorney cc: Cluistine Rozek, Deputy Directar of LIEP AA-ADA-EEO Employer � �_. o�-�s� STATE OF NIINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII, JLTLIE KRAUS, being first duly sworn, deposes and says that on April 12, 2006, she served the attached NOTICE OF INTENT TO DENY TAXICAB DRIV�R LICENSE RENEWAL APPLICATION by placing a true and conect copy thereof in an envelope addressed as follows: Scott E. Barton 1250 - 7�` Street West, #1 St. Paul, MN 55102 (which is the last irnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 12�` day of April, 2006 6 .L .. ° ` " r6�.G�! .� Notary Public L�'1,�.� f�,t�.t.�., Ju1ie Kraus RITA M. BOSSARD NOTARY PUBL�C • MINNESOTA MY COMNpSSION EXPIRESJAN.8t.201 0