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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 ✓ ✓ ✓ 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 _ � _ - ,,, , ,�,^� . , � ��.���,. . � -�.�,� aadress �censnz � cwascf � Licerrse � Cardho2der � Lic�ns� Name: R P�v14N Fatd Now DB& R h�V+Ru1PId . . � � ... � Sah�s Tax itl: � C� NewSe�c� �.._Hdp. .. .. _ -� Yx �. � � WY iR f'�fJf £�. z � '' i� r rkl�"�" �,�F � C� �� Properties For CFcense� 300 RUTH 57'� UtiIT 3' �' ,_ � f�� ;�=� .�� � � e 3 _ _ I�' 1 E ' I�•Y'�" _ _ -' � .. � a - ' _' ' " ' ' _ _ " ' _ ' v i .:w�l�:. i P� � � -- Gil{ - " n�•. - � -.- _ �t.. - E�EP _ i ., _ " _ '► 1 __ �� G 4 G • R ! t+. i . + • " _ " � _ _ _ � 6 � i .n • y . € __ l�.'.5ii.`�i11:ID � � ♦ 1 1 1 /# 7 i 06-7�3 ��'. [ r:.F ' �r LFCense 300 RUTN 57 N li�YiF S, �'� '� � � ■ -. �. 9,+' . . ,,.. ..3- _ "_ '.i� � � - � � ♦ ._ . .�. i�., _ . : .' �.., - . i-: + ii : ��_ li i � f" " .I ' - 1.:1 i�.t'..l�i�i•.! - I:E �ISi • i! i:.� '- �! E f E�f 1:1�! F4 !. r '- f � ���� sr' - � . � y E � �aRA'i�t6te��� fL L�ia'b ".`i��'��. ` -" G�i'�F�gL'. . s � •. :HIYVf�l".M1'Y _„�..___.,�...v,._.._.'�.."__""°.,.'"""".._ .�.�°�' . � SavB � h+� krmire To; �!`-• 2� To �S�'dsti � �. GY �y ProperFies For I.icense 30Q RUTH ST ti�UNFT 3 ;�; r.��?�"�, `�:. ■ _ � � � - - � �►'. - � � - � � u e - - - . �.w:_� �R__ - � .. u� .,� ::�.., c , i:: t � . n�., - - r. . t. -- --�, o- - :+.- R. _ !�:f - ..� - . r - �n. � �. E,c (E�t)2��-t311S '_ . _ �:� ' n Trat� Tft�'E � �aYd T#'p� .,�k'�f!ar� .� ��: ,� , .�....v. �...� �.r.... 'ii`�f�� _, ... . __... . _...... . _. .. . ....... .. ... ._..... . ... __... — _ ���`• _�__ . � }3� �IdS ....�..��.....�,�,......�.�,,,,,�,v.v..�« ltc�T'&BTYP� ��� ....� ...�,.� ��i`a'.` i..y:' ..�?✓..-,¢� � ��3 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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: �i�' _��. � �. . � ... .. � . �� � Approved �y6� Date Form roved b Ci Attomey By: Form A rov by ayor r b�fssio to Council By: L � 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 b�--� �3 � � �� � g r�:�-,. � pe.�a � ' t�c jsi� a� � �� y�.,z Q � � i`"i � � 9 � �� i �5 � `J � i � \ v � � � �L-�1.?'t o'i l�C�/S l� P; �`t, � c�er � ��� /) ��/` `, STATE OF MII�]NESOTA) ) ss. 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 � �