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06-455Presented by 2 � : Council File # (7( -�/,SS Green Sheet # , � �,3 � S'7 �f RESOLUT{ON � INT PAUL, MINNESOTA a � WI�REAS, adverse action was iniriated against the T�icab Driver (Provisional) license application submitted by Kena M. Wazlick (License ID#20060000712) for the City of Saint Paul, by Notice of Intent to Deny License Application dated April 12, 2006, alleging licensee was convicted three times for Felony Check Forgery within the last five (5) years in violation of Saint Paul Legislative Code §376.16 (e) (4); and 9 WHEREAS, the licensee did respond to the Notice of Intent to Deny License Application to contest 10 the allegation; and 11 12 13 14 15 16 17 18 19 20 WHEREAS, Notice of Intent to Deny License Application stated that if the licensee failed to contest the allegafion 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 Taacicab Driver (Provisional) license application submitted by Kena M. Warlick is hereby denied. Requested by DepaRment of: v 1 � Adopted by Council: Date ���(�U �(� '� �} (�� �. Adoption Certified by Co cil Secretary By: � 5� Appro e y y: Da e�°J —��- d� By: Fo proved by Ci Attorney BY� �tµ�l��� L Form A" rove by ayor ubmi to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D6-yss� �P — Licease/fospecfion/EmironProt Contact Person & Phone Rachei Gunderson 266-8710 Must Be on Council Agen Date Initiated: 27-APR-06 � Assign Number For Routing Order Green Sheet NO: 3030574 Deaartmenf SentToPerson 0 icense/Ins ection/Environ Pro 1 icense/Ins ection/EnvironPro De artlnenfDireMOr 2 ' Attome 3 or's Office Ma or/ASSistant 4 onncit 5 ' Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Initial/Date Approval of the attached resolufion to take adverse ac6on against the Taacicab Driver (Provisional) license applicafion submitted by Kena M. Wazlick (License ID#20060000712) for the City of Saint Paul. itlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission � Service Contracts 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Hasrhis personffirtn ever been a city employee? Yes No 3. Does this person/�irm 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 Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why)• Licensee v�as cor.victed th:ee (3) times in the past five (5) yeazs of Felony - Check Forgery in violation of St. Paui i.egislative Code 376.16 (e) (4). After norification, licensee did not respond to the Notice of Intent to Deny License Application. Advantages If Approved: License denial as recommended by the Office of LIEP. � DisadvantageslfApproved: None DisadvanWAes If Not Approved: l ��i btal Amount of Transaction: Fundinq Source: Financiai Information: (Explain) CosNRevenue Budgeted: Activity Number: 6�,���✓ �� CITY OF SAINT PAUL Christopher B. Colem�m, Mayor Apri1 12, 2006 � OFFICr, uF i rIE CITY ATTORNEY .Iohn J. Choi, Ciry Attarney S D� -�S� CiviZDivision b00 City Ha11 IS YPest KeZZo�Blvd. Saint Pau7, Minnesota SSIO2 Telephone: 65l 266-8710 Facsimik: 631298-5679 NOTICE OF INTENT TO DENY LICENSE APPLICATION KenaM. Warlick 1428 Bradley Street St. Paul, MN 55101 ItE: Taxicab Driver (Provisional) license application submitted by I�ena M. Wazlick for the City of Saint Paul. License ID # 20060000712 Dear Ms. Warlick: Tue Or"�ce of i,icense inspecfions and Environmental t rotection has recommended denial of the Taxicab Driver (Provisional) license application submitted by Kena M. Warlick for the City of Saint Paul. The basis for the recom�nendation is as follows: After a review of yonr criminal history, it was discovered that within the IasE five (5� years you have been convicted three (3) times for Felony Check Forgery - Offer/Possess with Intent to Defraud. . This is a violation of Saint Paul Legislative Code §376.16 (e) (4) which states "Eligibility to be licensed to operate a taxicab shall be as follows: shall have no felony convictions in the last five (� years." At this time you have three options on how to proceed: If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a le#ter with a statement admitfing the facts and requesting a public fiearing. We will need to receive your letter by Monday, Aprii 24, 2006. The matter will then be scheduled before the City Council for a pubiic hearing to deternune whether to deny your license application. You will have an opporhniity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer Kena M. Warlick � Apri112, 2006 Page 2 � D�'ySy 2. If you dispute the above facts, or wish to present evidence that the conviction is nof related to your license as a cabdriver, or that you haue been rehabilitated pursuanf to Miun. Stat. §364.01 et seq, a hearing will be scheduled befare an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ulfimately decide the case. If this is your choice, please advise me by letter no later than Monday, Apri124, 2006. 3. You casi withdraw your license application. Send a written statement to that effect to the Office of License, Inspecfions and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paui, Mixmesota 55101-1002 no later than Monday, Apri124, 2006. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial of your license application. If you have any quesfions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, � R el Gundersa Assistant CiTy Attamey cc: Christine Rozek, Deputy Directar of LIEP AA-.4DA-EEO Employer � � d�-�S� STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII� JiTLIE KRAUS, being first duly sworn, deposes and says that on Apri1 12, 2Q06, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows: Kena M. Warlick 1428 Bradley Street St. Pau1, MN 55101 (which is the last known 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 ,!f�'� /f'C ' �, i�t�/�. 'Notary Public RiTA M. BOSSARD � FXPIRES JAN. 37, 201 0 , 7u1ie Kraus v