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06-997Council File # 9 Green Sheet # C) �i 3 � `7 C•�i�l Presented RESOLUTION SAINT PAUL, MINNESOTA 0 3 WHEREAS, adverse action was taken against the TaYicab Driver license held by Anthony W. 4 DeCazlo (License ID#20010005097) for the City of Saint Paul by a Nofice of Intent to Revoke License 5 dated September 29, 2006, alleging licensee pled guilty and was sentenced on June 12, 2006 for DITI 6 Controlled Substance 4�' Misdemeanor. Also, his license is currently under suspension for failure to pay 7 child support in violation of Saint Paul Legislative Codes §37616 (5) (a) (2) and §376.16 (e) (1); and 9 WHEREAS, the licensee did respond to the Notice of Intent to Revoke License to contest the 10 allegafions; and 11 12 WHEREAS, the Notice of Intent to Revoke License stated that if the licensee failed to contest the 13 allegations by October 9, 2006, that the matter would be placed on the consent agenda to impose the 14 recommended penalty; now, therefore, be it 15 16 RESOLVED, that the Taxicab Driver license held by Anthony W. DeCarlo is hereby revoked. 17 Requested by Depariment of: Adopted by Council: Date �/���r�p� Adoprion Certified by Counc7 Secretary BS'� 6 Approvedb � Date �( ���Q� T� B}': A �4:.,_�..�.� I °• � Form oved by City ttorney B Form Ap�b}��vlayor for Subm' sion to Council By: ��� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 6reen Sheet _ -- --------- ,� -L����n�;�n�� , ,�-�.� Green Sheet NO: 3033678 Contact Person & Phone: Rachel Gurdetson 266-871� MustBeonCquncilAgen� Ot-NOV-06 //��. .n u- Doc.Type: RESOLUiION E-0ocumentRequired: Y DocumentContact: JulieKraus Contact Phone: 2668T76 � ( Department SentTO Person InifiallDate 0 i ectiodEnviron Pro Assign 1 ' nselln 'odEnvaonPro De azmie i' r Number 2 � ,�� For Ra �� 9 3 a oc•sOffiee Ma orl Order 4 oancil 5 er C� Clerk Tofal � of SignaW re Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse acrion against the TaCicab Driver License held by Anthony W. DeCazlo (License ID#2001000509 n for the Ciry of Saint Paul. Wffiions: Appro�e (A) oi Reject (R): Planning Commission CIB Committee Citil Service Commission Persona{ Service Contracts Must Mswer the Following Questions: 1. Has this perSONfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Dces this persorJfirm possess a skill rwt nortnaly possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and alfach to green sheet IniGati�g Problem, lssues, Opportunity (Who, Wha; When, Where, Why): Licensee pled guilry and was sentenced on June 12, 2006 for DUI Controlled Substance 4th Misdemeanor. Also, his license is curtently under suspension for failure to pay child support in violation of Saint Paul Legislative Code Secrion 37616 (5) (a) (2) and Secrion 376.1 (e) (1). Advantages If Approved: License revocarion as recommended by the O�ce of LIEP. Disadvantas7es IfApproved: None. �������� i; �^ i ,j '� 2Q06 Disadvantapes If NotApproved: fotal AmouM of Transaction: Funding Source: Financial Information: (Explain) � �y i;�.V��'ar ;'+:� ,°"�35�. r�Yi'n"4''e' �:.. °� t.5@ e 4"ed� CosVRevenue Budgetetl: Acfrvity Number: � •„ October 18, 2006 9021 AM P�qe 1 �.. ( (-. OFFICB OF TE� CITY ATTORNEY .Iohn J, Choi, City �Sttorney 06 -9q� CITY OF S�1INT PAUL CiviZDivision G7xristopherB.ColemmyMayor 400CiryHaIZ Te7ephone:651266-8710 _ ISWestKelloggBlvd Facsimi1e:651298-5679 SaintPaul, Ivfmnesota 55102 i September 29, 2006 NOTIC`E OF INTENT TO REVOKE LICENSE Anthony W. DeCazlo 706 Cherokee Avenue St. Paul, MN 55107 RE: Tasicab Driver License held by Anthony W. DeCarlo for the City of Saint Paul LicenseID #20010005097 Dear Mr. peCarlo: The Office of License, Tnspection and Environmental Protection has recommended revocation of the Taxicab Driver License held by Anthony W. DeCarlo for the City of Saint Paul. The basis for the recomxnendation is as follows: A.s parE of the license renewal process, a check was conducted on your driving record with the Minuesota Department of Public Safety. At that time, it was discovered that you were charged and pled guilty to DUI Controlled Substance 4`h Misdemeanor. You were sentenced on June 12, 2006. This is a violation of Saint Paul Legislative Code §376.16 (5� (a) (2) which states: G°Shall have a driving record meeting the following standards: ........No convictions in the last three (3) years for any of the following offenses not involving injury or death: Driving while impaired under Minn. Stat. §169A.20, subd. 1, or similar law of another state of Minnesota law as amended." It also showed your license was suspended as of July 31, 2606 far failure to pay child support. This is a violation of Saint Paul Legislative Code §376.16 (e) (1) which states: "Eligibility to be licensed to operate a taxicab shall be as follows: Possess a valid Minnesota or Wisconsin driver's license." AA-ADA-EEO Employer Anthony W. DeCarlo � September 29, 2006 Page 2 At tlus time you have three opfions on how to proceed: � d�-99�- 1. If you wish to haue a public hearing befare fhe Saint Paul City Council, you will need to send me a letEer with a statement admittirig tJie facts and requesfing a public hearing. We will need to receive your letter by Monday, October 9, 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 opportunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, or wish to present evidence that the conviction is not related to your license as a cabdriver, or that you haue been rehabilitated pursuant to Miun. Stat. §364.01 et seq, a hearing will be scheduled before an Admivislsative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, 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 by letter no later than Monday, October 9, 2006. 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 Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Muuiesota 55101- 1002 no later than Monday, October 9, 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, �c��- Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer STATE OF NIINNESO"P�i`` � ss. COUNTY OF RAMSEY ) D6-99�- JULlE KRAUS, being first duly swom, deposes and says that on September 29, 2006, she served the attached NOT`ICE OF IlVTENT TO REVOKE LICENSE by placing a hue and correct copy thereof in an envelope addressed as follows: Anthony W. DeCarlo 706 Cherokee Avenue St. Paul, MN 55107 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the ITnited States mail at St. Paul, Minnesota. Subscribed and swom to before me this 29�' day of September, 2006 � !/ - ' No Public AFFIDAVIT OF S�_dICE BY U.S. MAIL r Julie Kraus « =a�-�,.�... RITA Jvt. BOSSARD � � � N4TARY PUBLIC YMiNNE50TA MY GOMMISSION 5 -` IXPiRESJAN.31.201'J ' �-ar-,-��y--r�v�,w�:�