06-733Council File # � 7
Green 5heet # ,�Q3 � ''j j
RESOLUTION
OF� AINT PAUL, MINNESOTA ��
�
Presented by
2
3 WHEREAS, adverse action was uutiated against the Tasicab Driver license held by Andrew R.
4 Newman (License ID #20020000671) for the City of Saint Paul, by Notice of Intent to Revoke License
5 dated June 28, 2006, alleging licensee violated condition #1 of his taxicab driver license; and
6
7 WHEREAS, the Office of License, Inspecfions and Environmental Protection has recommended
8 revocation of the Taxicab Driver license; and
9
10 WHEREAS, the licensee has not contested the allegafions; now, therefore be it
ll
12 RESOLVED, that the Saint Paul Ta�cicab Driver license held by Andrew R. Newman is hereby
13 revoked.
14
15 This Resolution, and the action taken above, are based upon the facts contained in the June 28,
16 2006, Notice of Intent to Revoke License sent to the licensee and the arguments made at the Public
17 Hearing on August 2, 2006.
Benanav
Bosfrom
Harris
Helgen
✓
✓
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Requested by Department of:
By: r�,�Q, � �
Thune ✓ Form ved by City Atto ey
By: �-
Adopted by Council: Date �� a
Adoprion Certified by Commcil Se etary Form Ap b�Mayor f
BY� . ' �J By: (� . % �
Approv d r: Date Q
By:
�-133
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP — Licevse/Iaspectioa/EnvironProt
Contact Person 8 Phone:
Rachel Gunderson
266-8710
�(a,"�ob
Date Initiated:
14JUL-06
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3031371
0 icen nvironPro
1 icenselin5�ection/E�ironPro DeoarhneutDirector i
2 i Attome
3 or's Office M oN istaut
4 o ncii
5 i Clerk Ci Clerk
Total # of Signature Pages _(C{ip AI{ Locations for Signature)
InitiallDate
Action Requested:
Approval of the attached resolution to take adverse action against the Tar.icab Driver license held by Andrew R. Newman for the City
of Saint Paul.
Rewmmendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm 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 was ganted a license by Council with four (4) condi6ons attached. Licensee violated condiuon #1 of his Tasicab license.
Afrer notification, licensee requested a public hearing.
RECElUED
AdvanWqes If Approved:
License revoca6on as recommended by the Office of LIEP.
Disadvantapes If Approved:
None.
Disadvantages If Not Approved:
1 �� �
Gouncii
Total Amount of
Transaction:
FuntlinSt Source:
CosURevenue Budgeted:
Activity Number:
JUL 19 2006
Financial information:
(Explain)
�- ��3
Licensee Name:
Address:
Council Date:
Violation:
Date of violation:
UNCONTESTED LICENSE MATTER
Andrew R. Newman
c/o Diana Peters, 300 North Ruth Street #3
St. Paul, MN 55119
Wednesday, August 2, 2006 @ 5:30 p.m.
Violation of condition #1 of license
June 8, 2006
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environraental Protection:
Revocation ofTaxicab Driver license
Attachments:
1.
2.
3.
4.
5.
6.
Proposed resolution
Copy of license information from ECLIPS screen
Copy of Council Resolution with license conditions (CF #06-535)
dated 6/7/06
Copy of inemorandum from Reid Soley to Rachel Gunderson with
license conditions dated 6/26/06
Copy of Notice of Intent to Revoke License with Affidavit of Service
dated 6/28/06
Copy of letter frora licensee requesting a public hearing dated 7/07/06
(�- 733
License Group Comments Text
Licensee: pNDREW R NEWMAN
�BA� ANDREW R NEWMAN
License #: 20020000671
07/14/2006
06/28/2006 CAO sent Notice of lntent to Revoke License because Newman adm'M.ed drinking again a8er the approval of his license renewal by Council,
which is a violation of wndition #� on his license which states: "Licensee agrees to remain drug and alcohol free and law abiding during the duration of
licensure with the City of Saint Paul." Deadline to respond is 7/10l06. RS
06/07/2006 Per Council Resolution CF 06-535, Newman's application for the renewal of his taxi driver license was approved with the following conditions:
1. Licensee agrees to remain drug and alcohol free and law abiding during the duration of licensure with the City of Saint Paul; 2. Licensee agrees to
surrender the Ta�icab Driver License to LIEP immediately'rf arrested for an offense involving the use of alcohol or drugs, whether or not it involves the
operation of a taxiqb, for the duration of licensure; 3. Licensee agrees to provitle proof of completion of a program of treatment for alcoholisMChemical
dependency by December 7, 2006; 4. Licensee understands that non-adherence to these conditions will be considered grounds for revocation.
05/042006 CAO sent Notice of Council Hearing for 5:30 pm, Wed., June 7, 2006. RS
03/28/2006 CAO sent NoGce of lnte�t to Deny License Renewal ApplicaGon; deadline to respond is April 7,2Q�6. RS
03/22/2006 To CAO for denial of renewal based on criminal history. CAR
03/02/2006 To CAO for review of criminal rewrd. RS/CAR
04/15l2002 Sent letter: passed course; must exchange prov. license for regular. RS
03/14/2002 Sent letter re Apr. classes. RS
D�-733
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Council File # Q( '�,3�
Green Sheet # ,j()�Q(p�{�
RESOLUTION � �� � � �
OF S/�INT PAUL, MINNESOTA �;L� �,, � uU6 D
� �
Presented by
1 VJHEREAS, adverse acfion was initiated against the TaYicab Driver license renewal application submitted
2 by Andrew R. Newman (License ID#20020000671) for the Ciry of Saint Paul, by Norice of Intent to Deny License
3 Renewai Applicarion dated March 28, 2006, alleging a conviction for misdemeanor Obstruction of I,egal Process
4 within the last tlaree yeazs in violation of Saint Paul Legislative Code §376.16 (e) (4); and
5
6
7
8
9
10
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12
13
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27
28
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VJI�REAS, the licensee has not contested the allegations; and
WI-IEREAS, the Office of License, Inspections and Environmental Protection has recommended approval of
the license renewal application with the following conditions:
Licensee agrees to remain drug and alcohol free and law abiding during the duration of licensure with the
city of Saint Paul.
2.
Licensee agrees to surrender the TaYicab Driver License to LIEP immediately if arrested for an offense
involving the use of alcohol or drugs, whether or not it involves the operafion of a tasicab, for the durafion
of licensure.
3.
Licensee agrees to provide proof of complerion of a program of treahnent for alcoholism/chemical
dependency by December 7, 2006.
Q
Licensee understands that non-adherence to these conditions will be considered grounds for revocation; now,
therefore be it
RESOLVED, that the TaYicab Driver license applicafion submitted by Andrew R. Newman is hereby
approved with the conditions listed above.
This Resolution, and the acrion taken above are based upon the facts contained in the Mazch 28, 2006,
Notice of Intent to Deny License Renewal Application sent to the licensee and the azguments made at the Public
Hearing on June 7, 2006.
Requested by Department of:
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Approved �y6� Date
Form roved b Ci Attomey
By:
Form A rov by ayor r b�fssio to Council
By: L
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Adopted by CouncIl: Date ��,�,,,,�� al�Jl,�
C�= 7�3
June 26, 2006
From Reid Soley
Memorandum re Andrew Newman
On June 7�', the City Council approved the issuance of a renewal tasi driver license, with
conditions, to Andrew Newman. Newman was not present at the public hearing. The
conditions (a copy is attached), include a stipulation that the licensee agrees to remain
drug and alcohol free during the duration of licensure with the City of Saint Paul.
I called Pat Jones, owner of City Wide Tasi, on June 8` She told me that Newman had
not reported for work and she had not heard from him since June 2" She said it is not
acceptable for him to fail to call in. She has a feeling that he is drinking again.
Also on the 8` I called Newman's cell phone and left a voice-mail message for him,
asking him to call me ASAP.
Pat Jones informed me on June 13�' that she spoke with Andrew Newman on June 8 or
9` Newman told her then that he had been drinking again, and that was why he hadn't
shown up for work since June 2" and didn't attend the council public hearing on the 7th.
Jones advised him to get into treatment and call me. She won't let him work again until
she gets an ok from LIEP.
As of today (6/26), I haven't heard from Newman.
b�-7 �
OFFICE OF LICENSE, INSPECIIONS AND
ENVIIiONMENTAL PROTEC170N
J¢neen E. Rosas, Director
CITY �F .SL�INT PE��., COMI.fEXCEBUILDING Telephone: 65I-266-9090
Randy C. Keiiy, Mayor 8 Fourth St. E, Suite 200 Facsimi[e: 651-266-9I24
Saint Paul, Minnuota 55701-1024 R'eb: wvnv.liep.us
Conditions far the Taxicab Driver License for Andrew R. Newman, License ID
#20020000671:
1. Licensee agrees to remain drug and alcohol free and law abiding during the duration of
licensure with the city of Saint Paul.
2. Licensee agrees to surrender the Tasicab Driver License to L1EP immediately if arrested
for an offense involving the use of alcohol or drugs, whether or not it involves the operation
of a tasicab, for the durarion of licensure.
3. Licensee agrees to provide proof of completion of a program of treatment for
alcoholism/chemical dependency by December 7, 2006.
4. Licensee understands that non-adherence to these conditions will be considered grounds
for revocation.
AA-ADA-EEO Employer
06-�33
OFFICE OF THE CITY ATTORNEY
.Iolm Z Choi, CityAnomey
C I11 ��" �t1ll�1 PA� CivilDiviafon
ChristopherB. Colemmi, Mayor 400 Ciry Hall TeZephone: 65l 266-8970
ISWestKelLoggBlvd Fac.rimiZe:651298-5679
� SaintPaul, M"amesota 55102
i
June 28, 2006
NOTICE OF INTENT TO REVOKE LICENSE
Andrew R. Newman
c/o Diana Peters
300 North Ruth Street #3
St. Paul, MN 55119
RE: Taxicab Driver License held hy Andrew R. Newman for the City of Saint Pau1
LicenseID # 20020000671
Dear Mr. Newman:
The Office of License, Inspection and Environxuental Protection has recommended
revocafion of the Taxicab Driver License held by Andrew R. Newman for the City of Saint Paul.
The basis for the recommendafion is as follows:
On June 7, 2006, the Saint Paul City Council approved the issuance of your
renewl tagi driver license , Council File #06-535, which included four (4)
conditions (see attached). On June 8, 2006, Reid 5oley from the Office of
License, Inspections and Environmental Protection called Pat Jones, owner
of City Wide Taxi and was told you had not called in or reported for work
since June 2, 2006.
On June 13, 2006, Pat Jones told Reid that she spoke with you on June.8` or
June 9�` and you told her you had been drinldng again and that is why you
had not reported to work or attended the Public Hearing on June 7, 2006.
This is a violation of condition #1 of your license which states: "Licensee
agrees to remain drug and alcohol free and law abiding during the duration
of licensure with the City of Saint Paul."
Due to the fact that you violated of one of your license conditions, the licensing office will
recommend revocation of your taYicab driver license.
AA-ADA-EEO Employer
1��73,3
Andrew R. Newman
Iune 28, 2006
Page 2
At this time you have fhree options on how to proceed:
L If you wish to have a public hearing before the Saiut Paul City Council, you will need to
send me a letter with a sfafement admitfing the facts and requesting a public hearing. We
wiLl need to receive your letterby Monday, Jnly 10, 2006. The matter will then be
scheduled before the City Council far a public hearing to detenuine whether fo revoke
your license. You will have an opportunity to appear before the Council and make a
statement on your own behalf.
2. If you dispute the above facts, you can request a hearing before an Administrative Law
Judge. At that hearing both you and the City will be able to appeaz and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. Tf this is yaur choice, please advise me no later than
Monday, July 10, 2006, and I will take the necessary steps to schedule the
administrative hearing.
If you no longer wish to do business in the City of Saint Paul, you may send a written
statement to that effect to Christine Rozek in the Office of License, Inspections and
Envuonmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Miimesota 55101-
1002 no later than Monday, July 10, 2006.
If I have not heard from you by that date, I will assume that you are not contesting
the revocation of your license.
Sincerely,
� ,;, �,, Q
,,,,...,,,�,�,
Rachel Gun r
Assistant City Attorney
cc: Chzistine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
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STATE OF MII�]NESOTA)
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COUNTY OF REIMSEY )
AFFIIDAVIT OF SERVICE BY U.S. MAII,
JCTLIE KRAUS, being first duly sworn, deposes and says that on June 28, 2006, she
sezved the attached NOTICE OF INT'ENT TO REVOKE LICENSE by placing a true and
correct copy thereof in an envelope addressed as follows:
Andrew R. Newman
c/o Diana Peters
300 North Ruth Street #3
St. Paul, NIlV 55119
(which is the last known address of said person) depositing the sazne, with postage prepaid, in
the United States mail at St. Pau1, Minnesota.
C�= T 33
� °�A�1 J
Ju1ie Kraus
Subscribed and sworn to before me
this 28�` day of June, 2006
G�t-c
Notaiy Public
RITA M. 80SSARD
1pSARY pUBL4C - MiNNESOTA
NYCOMMISSION
D(PIRESJAN.37,2010 �
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