07-139Council File # O ]-/3 �
Green Sheet # ,3 O � (0 7 /3
RESOLUTION
MINNESOTA
0�3
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3 WHEREAS, adverse acrion was taken against the Ta�cicab Driver's license application submitted
4 by Habtom Teklay (License ID #20020000089) for the City of Saint Paul by a Notice of Intent to Deny
5 T�icab Driver License Application dated January 11, 2007, alleging licensee was convicted and sentenced
6 for Misdemeanor Driving While Impaired within three (3) years of application in violation of Saint Paul
7 Legislative Code §376.16(e) (5) (a) (2); and
9 WHEREAS, the licensee did not respond to the Notice of Intent to Deny TaYicab Driver's License
10 Application to contest the allegation;
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12 WHEREAS, the Notice of Intent to Deny Tasicab Driver License stated that if the licensee failed to
13 contest the allegations by January 22, 2007, that the matter would be placed on the consent agenda to
14 nnpose the recommended penalty; now, therefore, be it
15
16 RESOLVED, that the Tasicab Driver's license application submitted by Habtom Tekley is hereby
17 denied.
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Requested by Depamnent of:
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Adopted by Council: Date ��s��jJ�/
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Adopfion Certified by Coun il Secretary
BY� /'//rs n �.�Sd//
Approved� by �a Date Z�2.p p 7
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Form A ved y City torney
By: �
Form App ve by ayor Su ission to Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP — Licensellnsp¢ctiodEnvironRrot
Contact Person 8 Phone:
Rachel Gunderson
266$710
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: Julie Kraus
Conqct phone: 266-8776
05-FE&-07
N
Assign
Number
For
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3036713
0 "cense/InsoecROn/Environ Rot
1 icensellnsoectiodEnviron Prot Deosrtment D'uector
2 ' Attorne I
3 or•s Office 117a odASSistant
4 ouncii
5 Clerk Ci Clerk
Approval of the attached resolution to take adverse acfion against the Ta�cicab Driver's license applicarion submitted by Habtom
Teklay (License ID#20020000089) for the City of Saint Paul.
ioanons: Npprove �H� or Ke�ect �K7: rersonai �ervice contreas must Answer tne Fonowmg ciuestlons:
Planning Commission 1. Has this person/firm 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 personffrm possess a skill not normally possessed by any
current ciry 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 convicted and sentenced for Misdemeanor Driving 4Vhile Impaired wlthin tluee (3) years of application in violation of
Saint Paul Legislarive Code Section 376.16(e)(5)(a)(2). After norification, licensee failed to respond to Norice of Intent to Deny
Taxicab Driver License Application. �
Advantages If Approved:
License denial.
DisadvanWges If Approved:
None.
DisadvanWges If Not Approvetl:
Transaction:
Funding Source:
Fi nancial Information:
(F�cplain)
�� i f .• � ��..:.:
CostlRevenue Budgeted:
ActivityNumber. ��'"`�'"�`� `� ���.
February 5, 2007 10:52 AM Page 1
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CIfiY OF S�1INT PAUL
Chris[opher B. Colem¢n, Mayar .
.11llllc11'� 11� 2��7
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o�icE oF � crrY arro�Y
.7ahn J. Choi, CityAttomey
Civil Divisiorz
soo c�Ty xan
ISYYestKe7ZoggBlvd
Saint Pau7, M'mnesoia SSIO2
NOTICE OF INTENT TO DENY
TA�IICAB DRIV�R LICENSE APPLICATION
Habtom Tekiay
175 Charles Avenue #239
St. Paul, MN 55103
RE: Application for a Saint Paul T�icab Driver's License
License ID # 20020000089
Deaz Mr. Teklay:
Teiepfione: 65I 266-8710
Facsimi7e: 651298-5679
The Office o�License, Inspection and Environmental Protection has recommended denial
of the T�icab Dxiver's license application you submitted. The basis far the recommendation is
as follows:
On September 6, 2006 you were convicted and sentenced for Misdemeanor
Driving While Impaired. This is a violation of Saint Paul Legislative Code
§37616(e)(5)(a)(2) which states: C°....no conviction in the last three (3) years
for any of the following offenses not involving injnry or death: Driving While
Impaired under Mus�.Stato§169A.20, subd.l or siinilar ladv of amother state
or Minnesota law as amended."
At this time you have tl�ree 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
letter with a statement admitting the facts and requesting a public hearing. We will need to receive your
letter by Monday, January 22, 2007. The matter will then be scheduled before the City Council far a
public heating to determine whether to deny your license application. You will haue an opporiunity to
appear before the Council and make a statemenf on your own behalf.
AA-ADA-EEO Esnployer
Habtom Teklay
Januaxy 11, 2007
Page 2
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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 have been rehabilitated p�ixsuant to Minu. Stat. §364.01 et seq, a
hearing will be scheduled befare an Admiuistrafive Law Judge. At that hearing both you and fhe City
will be able to appeaz and psesent witnesses, evidence and cross-e�mine 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, January 22, 2007.
3. You may withdraw your license application. Send a written statement to that effect to the Office of
License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, S£ Paul, Minnesota
55101-1002 tto later than Monday, January 22, 2007. 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 I have not heard from you by Monday, January 22, 2007, I will assume that you do not contest
the denial of your license application.
Sincerely,
2GU�
Rachel Gunderson
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
David Neltnark
AA-ADA-EEO Employer
STATE OF MINNESO"�""
� ss.
COUNTY OF RAMSEY )
�, c� 7 / 3 �
AFFIDAVIT OF SE�. VICE BY U.S. MAIL
Julie Ksaus, being first duly sworn, deposes and says that on the l lth day of January, she
served the attached NOTICE OF INTENT TO DENY TAXICAB DRIVER LICENSE
APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows:
Habtom Teklay
175 Charles Avenue #239
St. Paul, MN 55103
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
. �
Julie Kraus
Subscribed and sworn to before me
this 11�' day of January, 2007
� / Y_��J / O ( ` '�S/�'//`� /�i' ��J iY�
� No ary Public `
RITA IN. 8088ARD
WTARY Pl18LIC • MINrE50TA
MY COMMSSION
EXPIRESJAN.31, 201 6