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06-873Council Fi1e # 0� " $ 7 . 3 Green Sheet # _�O.�i d l S� RESOLUTION OF Presented by PAUL, MINNESOTA � 2 WFIEREAS, adverse action was taken against the Saint Paul Taxicab Driver renewal license 3 application submitted by Bradley James Buckentin (License ID#20030002962) for the City of Saint Paul, 4 by Notice of Intent to Deny T�icab Driver Renewal License Application dated August 10, 2006, aileging 5 licensee was convicted of Speeding five (5) tunes within the last three (3) yeazs in violation of Saint Paul 6 Legislative Code §376.16 (e) (5) ( c); and WFIEREAS, The Office of License, Inspections and Environmental Protecrion has recommended denial of the license; and 10 11 WHEREAS, the licensee has not contested the ailegations; now, therefore be it 12 13 RESOLVED, that the Saint Paul Taxicab Driver renewal license application submitted by Bradley 14 James Buckentin is hereby denied. 15 16 17 18 19 20 21 Tkus Resolution, and action taken above, is based upon facts contained in the August 10, 2006, Notice of Intent to Deny Taxicab Driver Renewal License Application sent to the licensee and the arguments made at the Public Hearing on September 20, 2006. Yeas Nays Absent Benanav i / Bostrom ✓ Hatris ✓ Helgen ,/ Lantry �/ Montgomery ,/ Thune �/ Adopted by Council: Date 9—��—�,� Requested by Department of: !�l�Y �lI��IC. .' Form •oved,by City orney B � Adoprion Certified by Council Secretary Form Approved by Mayor f�o Submission to Council BY� � p `KSdh BY� /�C.—_r�/� �S�i��v/ Approve b ate "G� 2'� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet t�� — �7� ,r • - DepartmenUofficelcouncil: Date Initiated: LP — License/Inspection/EnvironPro[ , Green Sheet NO: 3032151 Contact Person & Phone- ��ent Sent To Person InitiaUDate R8che1 Gundetson � 0 ice � 'o nvir n Pro Z �� Assign 1 icensellns eMion/EnvironPro De artmeutDirector I Must Be on C ncil Agenda by (Date): Number y � Att me ' For �� 3 avor's O�ce � Mavor/Assistant ,!�,f . /�� j � Order 4 ou cil � f Z� lEJ 5 ' Clerk Ci Clerk Total # of Signature Pages _(C{ip Afi Locatio� for Signature) Action Requested: Approval of the attached resolution to take adverse action against the Saint Paul Ta�cicab Renewa] license application submitted by Bradley James Buckentin (I.icense ID#20030002962) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this personlfirtn ever worked under a cArttract 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 personffirm possess a skill not normalty possessed by any � current city employee? Yes No E�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was convicted for Speeding five (5) times in the last tluee (3) years in violation of Saint Paul Legislative Code Section 37616 (e) (5) (c). Advantaqes If Approved: License denial as recommended by the Office of LIEP. Disadvantapes If Approved: None. Disadvantages If Not Approved: Total Amount of Cost/Revenue Budgeted: Trensaction: - Funding Source: Activity Number. �' �� '�� Financial Information: (F�cPlain) AU6 2 120� � � " $ 7� OFFICE OF Tf� CITY ATTORNEY .7ohn ./ Ckai, city Attorney CITY OF SAINT PALTL c;�:rDrv�on ChristopherB.Coleman,Mayor 400CiTyHa11 Telephone:651266-8710 ISWestKeZZoggBfvd Facsimi7e:651298-5619 Saint P¢ul, M"uuiesota 55102 i AUgI1Si I$, ZOO6 - NOTICE OF COUNCIL HEARING Bradley James Buckentin 751 Delaware Avenue St. Paul, MN 55107 RE: Application for Saint Paul Taxicab Driver Renewal License License ID #20030002962 Aeaz Mr. Buckentin: Please take notice that tlus matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, September 20, 2006 at 5:30 p.m. in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. Tlus is an uncontested matter concerning the fact that you were convicted of Speeding five (5) times within the last three (3) years in violation of Saint Paul Legislative Code §376.16 (e) (5) ( c). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the license office is denial of your renewal license. If there is anv other information vou would like Citv Council to review �rior to the Qublic hearin�, I will need to receive it no later than Monday September 11 2D06 If you haue any questions please feel free to contact me at 266-8710. Very truly yours, �� Rachel Gund Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP VfVlary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO Employer �l� �7� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Bradley James Buckentin 751 Delaware Avenue, St. Paul, NIN 55107 Wednesday, September 20, 2006 @ 5:30 p.m. Violation: Five (� Speeding convictions within the last three (3) years in violation of Saint Paul Legislative Code §376.16 (e) (5) ( c). Dates of Violation: Apri115, 2004; September 9, 2004; January 25, 2005; January 27, 2005 and October 12, 2005. Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Renewal License Attachments: 1. Proposed resolution 2. Taxicab Driver Renewal Application with copy of Minnesota Driver's License dated 7/13/06 3. Department of Motor Vehicle printout dated 7/17/06 4. Saint Paul Legislative Code §376.16 (e) (� ( c) 3. Notice of Violation with Affidavit of Service dated 8/10/06 3. Letter from licensee requesting a public hearing dated 8117106 D(�-873 Ni AUL � AAAA TAXICAB DRIVER-Renewal LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRPIT IN INK Licensee Information � Name and Title: � Fi�sc Home Middle (hfaidcn) �uwva�e � Street (!t, Name, Type Direction) Mail To Address (if different than home CITY OF SAI�IT PAUL Off'ice oFLicrnse, Lsspcctions and Environmrntal Protection 3sosceaas�a�a�aco AiuPaW,M �ti 55IO2 (65I}2659090 Fss (651) I6i912i Weh:vwr.Gcp.m ' Jrr,�1 Luc rd� c� . --7 'T KJLC.G �Ir�' .5.�/D City State Zip+4 Street (#, Name, Type Direction) Ciry State Zip+4 Home Phone: f(o ��3y� �� Date of Birth: y/�.� /�� Place of Birth: cS�`3' ��-�-�- Driver's License #: � 705�'o Are you a citizen of the United States?�_ ExpirationDate: 7"�� "f� If you are not a US citizen, you must provide prooFof rvork authorizntion from the US Immigration and R`aturalizatio❑ Service. Name and Address of cab company you wili be driving for: /l/Jnro.�0 �� /5'cT Ci/a2c�S S; �c« ANY FALSIFICATIOY OF ANSWERS GIVEN OR MATERIAL SUBDIITTED �VILL RESULT IN DENIAL OF THIS APPLICATIOY I hereby state that I have answered all oFthe preceding quesdons, and that the information contained herein is true and conect to the best of my knowledge and belief. I hereby authorize 1he Saint Paul Police Department to use the information I have provided to cfieck criminal histories, arrest rewrds, and wazrant informafion; and for the Police Depaztment to provide these records [o the Office of License, Inspections, and Environntental Protection to determine my eligibility for a taxicab driver license. I understand the information contained in the criminal background investigation is confidential, except that it may be conveyed to other law enforcement or licensing agencies. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Tacicab Driver's License of the Saint Paul Legislat}v�Codej.—� � �. for %�� ! (a Date Preferred methods of communicatiou from this office (please rank in order of preFerence -"1" is mosf preferred): _ Phone Number with area code:( 1 Extension (Circiethctypeofphonenumbcryouhavelistedabov�: BttSiness Home Cell FaC "Pagei ,_, Phoae Number with azea code:( 1 Extension (Circle the type of phone number you have listcd a6ove): Business HOme Cell Fax Pagei S4eet (#, Nazne, Type, D'uection) _ IntemeL E-Mail Address City State Zip+4 x�a sna^wx �� ' � �- ULe'g2� � �., : �� Y� (' �� Pagelof2 �� ,�7� July 17, 2006 02:53 PM DL� Status CDL CL! issued/ SchooiBus Physicai 'r{am°_/Addrzss End Exp x704201007011 VALID N/ A D 04122/2006/ - BRADLEY JAMES BUCKENTIN 04/22/2010 751 DELAWARE AVE ST PAUL 55'107 1 2 Incideats (G-Comiction) Action Items ] Qescription County CDL Date �escription Lenath Untii �aYe �� 03/13/2006 PRIVILEGES ❑� SUSP-6 �� 12/�3/2005 VIOLATIONS IN 24 90 03/1312006 nenuruc DayS �u� � 10/12/2005 SPEED 6� 09/20/2005 SPEED � 01/27/2005 SPEED � 01/25l2005 SPEED � 09/09/2004 SPEED � 04/15/2004 SPEED I�� FAILURE TO PROVIDE 12101I2005 � LIMITED ISSUED I�_J� 03/13/2006 12/01/2005 SUSP PN FEE �� SUSP-5 D � � 11l23/2005 VIOLATIONS IN 24 12/23l2005 nnnurue Y RAMSEY RAMSEY RAMSEY RAMSEY INSURANCE 07/24(1998 CERTIFICATE RECEIVED REINSTATE 07(24f1998 DRIVING PRIVILEGES - RECEIPT FEE 10/02/1997 REQUIREMENT MET 10f03/1997 PASSED DRIVER TEST 09/16/1997 PASSED WRITTEN TEST . . , . . ,. , . .. ,.. . .,.. . ....,. „ .. .,. ., �, ., ,,.,,.,. � - . ��'��-� Page2of2 � ,. . � „ ,,,Y. � � —�„ _. .,nn,,,. _ .,. -,,,-,,,,.,,� � 1�liapter 376. Taxicabs* ( ' � Page 11 of 13 , � o�-g7� % obtained work authorization firom the U.S. Immigration and Naturafization Service; (4) Shall have no felony convictions in the last five (5) years; shafl have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years invoiving the use or threat of use of force, posses5ion or sale of a controiled substance, prostitution or indecent conduct. The license inspector may grant, pursuant to state statute, an exceptlon to the above provisfons upon evtdence that the offense is not related to the occupation of Caxicab driver; (5) Shatl have a driving record meeting the following standards: a. No convictions in the last flve (5) years for any of the following offenses involv(ng injury or death; no conviction in the last three (3) years for any of the foilowing offenses not involving injury or death: 1. leaving the scene of an accident; 2. Driving under the influence of an alcoholic beverege, controlled substance or hazardous substance that affects the nervous system, brein, or muscles of the person so as to substantialiy impair the person's ability to drive or operete a motor vehicle, or any combination thereof; 3. Driving with an alcohol concentration of .10 or more or driv(ng with an alcohol concentration of .10 or more as measured within two fiours of driving a motor vehicle; 4. Reckless driving; 5. Careless driving under circumstances from whtch a reasonable person could draw the inference that the driv(ng behavfor was affected or influenced by the driver's use of alcohol, controlled substances or hazardous substances affecting the driver's nervous system, brain or muscies of tfie person so as to substantially impair the person's ability to drive or operate the motor vehicle; or 6. Refusal to take a breathalyzer test. b. No prior ficense revacation as defined in Minn. Stat., g 169.121, subdivision 3(a)(2). c. For original Iicensure: No more than four (4) movfng violations within the la5t three (3) years, and no more than two (2) moving vtolations in the last year. For renewai: No more than four (4) moving v(olations within the last three (3) years and no more than three (3) moving violations in the last year. Moving vioiatioris shail mean for this subsection those violations specifled above In subsection (5)a., and any speeding violations. d. Every new applicant shall have at teast one (1) year's driving experience as a Iicensed driver. Such prior dsiving experience shall be verified by an affldavit signed by a reputable person and submitted with the license application. e. Upon submission of proof of suitability and evidence of insurability, the licenee inspector may waive one (1) or more of the requirements listed above; provided, that any such waiver shall indicate the grounds for the Inspector's decision and shall be approved by the director of the office of Iicense, inspections and environmentat protection. (6) Ha�e a demonstreted knowled9e of the provfsions of the taxicab ordinance relating to the conduct of taxicab drivers and the operatfon of a taxtcab. (7) Faiiure to apply for renewal of any taxicab operator's license within thirty (30) days after expiretion sfial� be deemed an aba�donment of the licensee's rtght to such renewal. (8) For any driver seekfng orfginal licensure, or any driver whose tax( license has lapsed for more than one (1) year if the driver never compieted the taxicab dr(ver training course, or whose taxi Iicense has Iapsed for more than two (2) years if the driver previously completed the taxicab driver training course, or as deemed necessary by the license inspector: shall have successfully compieted the taxicab driver training course as set forth in section 376.17. (� Duty to exhibit license. Effective March 15, 1941, every taxicab driver while on duty shal{ display the front of his or her taxicab driver's license on the dashboard of the veh(cle in a location readily visibie to passengers, which license displays the driver's photograph and license number on the front in a manner approved by the license inspector. In addition to any other penalties, a deputy inspector or police officer may order the iicensee to discontinue operations until such time as the licensee has a license in possession. (g) Issuance oflicense. Each taxicab driver's license shall have upon it a number by which the Iicense shali be deslgnated, a photograph of the licensee, and such other informatton as the license inspector may require. The license tnspedor may issue Iicenses for a term of tess than one (1) year for a prorated tnitial fee in order to evenly distribute license expiretion dates throughout the year. (h) Requirement of valid Minnesota driver'slicense. Any time that a Ifcensee's Minnesota driver's license is suspended, revoked or canceted, his or her taxicab driver's Iicense shait iikewise be immediately suspended, revoked or canceled. No person shall operate a taxicab without a valid Minnesota driver's license. (i) Renewals. A taxicab driver's license shali be issued annually. The license inspector may cause the renewal of a[axicab driver's ticertse from year to year by appropriate endorsement upon the applitation for renewal and payment of an annual fee as set forth in Safnt Paui Legisiative Code section 310.18. The driver shall make such renewal application upon a form to be furnished by the license division. The renewal form shall be 7,+`,..��....rt....,..__--' ---'-- �. rc_�..�, . , � CITY OF SAIl�IT PAUL Christopher B. Colemm; Mayor August 10, 2006 �� D� 'c�73 OFFICE OF THE CITY A7TORNEY John J. Choi, City�tttorney civitTJivision 400 CiryHa71 IS West%IZoggBZvd SaintPaul, Mi�mesota 55702 Telephone: 65I 266-87Z 0 Facsimile: 657 298-5679 NOTICE OF INTENT TO DENY TAXICAB DRIVER RENEWAL LICENSE APPLICATION Bradley James Buckentin 751 Delawaze Avenue St. Paul, MN 55107 RE: Applicafion for a Saint Paul Taxicab Driver Renewal License License ID#: 20030002962 Dear NIr. Buckendn: The Office of License, Inspection and Environmental Protecfion has recommended denial of the Saint Paul TaYicab Driver renewal license application you subxnitted. The basis for the recommendation is as follows: During a check of your driving xecord, it was discovered that yon have had five (5) Speeding convictions in Ramsey County from January 25, 2005 through October 12, 2005. Saint Paul Legislative Code §37616 (e) (� (c) states that in order to be eligible for a Tasicab driver's renwal license the applicant shall not have "no. more than four (4) moving violations withing the last three (3) years or no more than three (3) moviug violations in the last year. At this time you have three options on how to proceed: You can withdraw your renewal application. If this is your choice, you should send fhe letter directly to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota, 55101-1002. The letter should be directed to Reid Soley no later than Monday, August 21, 2006. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. AA-ADA-EEO Employer Bradley 7. Buckentin August 10, 2006 Page 2 � � Dj�-��3 2. If you wish to haue a public hearing before the Saint Paul City Councfl, you will need to send me a leiter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, Angnst 21, 2006. The matter will then be scheduled before the City Council for a public hearing to determiue whether to deny your license renewal application. You will have an oppottunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facfs, 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 Muiu. Stat. §364.01 et seq, a hearing will be scheduled befare an Adminisirative Law Judge. At that hearing bofh you and the City will be able to appear and present witnesses, evidence and cross-exunine the other's witnesses. The St. Paul City Council will ultimately decide the case. ff this is your choice, please advise me by letter no later than Monday, August 21, 2006. If I have not heard from you by that date, I will assume that you are not contesting the denial of you license renewal application. Sincerely, 2��- Rachel Gunderso Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Reid Soley, LIEP AA-ADA-EEO Employer �� STATE OF MINNF,SOTA) ) ss. COUNTY OF RAMSEY ) � D�-��3 AFFIDAVIT OF 5ERVICE BY U.S. MAIL JITLTE KRAUS, being first duly sworn, deposes and says that on August 1 l, 2006, she served the attached NOTICE OF INTENT TO DENY TAXICAB DRIVER RENEWAL LICENSE APPLICATION by placing a hue and correct copy thereof in an envelope addressed as follows: Bradley James Buckentin 751 Delawaze Avenue St. Paul, MN 55107 (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 ll"' day of August, 2006 �?� � ��.��-� tary Public � R1TA M, gpSSARD NJTARY PUBLiC - M�NNESOTA MY COMMISSION EXPIRES JAN.31, 20 t 0 < .l�-� �l�-./ Julie Kraus � 08/17/2006 THU 06:56 FA%__6512542241 2CM ��- �__�� 2�� . �� 1 �� -- f%u,� j �ff�1�-� s�U i- ��v � DL� -g� � r ��, �-�� -c � t �sl-z9�-��9 6f�t�� ;�. x�� ' �--,� �-� c��.��--t ,�.�- ��.�� 2,�.��_, ,�' .��, _ �--�� `�`� ��.,� � ,�, . �z �- ,�:�� _--- ,� _..� .� � z�� . .� ,./ . �,E' .�J�c.�-�i ; C�o �f'U� t',��t_.,v�'- .Cll,e.�'''l G� ch.� ...�'l.��-ll/l,i.-rt I ^ �'+L.�°� �d-��,� 7�dC.�� /j � � Cf �� (� /' + ' C�-�GL� .�-�-, ..�C:/2✓ �.� .�,b � �__ ��.,�.� ..� �-�-� ..-'��e.�-�rzc-� . �33`7"oZ4�-�"�- 1�"..�c..r..t.-�-�`t.. �`�-- C��tt�%t�-�C--s,--�-+' �,,,•_- �,_ _ ..,.C� "C.0 �'�. z_-�C�.�.. �2%U""��..� .� � ;� L�.- .,��..e �c.�,�� G�� d�t-c--� � G"ZC,`� �z�� G�' " ��/��-� � .-�",�'��..-�.- ��`��--.' � C �a�� f ,' � �� AUG-17-2006 88�40 6512542241 95: P.02