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08-1366Council File # �/3 Green Sheet # 'j�; (�; �} � (p [.f CITY OF Presented by 1 WHEREAS, adverse action was taken against the TaYicab Driver (Provisional) license application 2 submitted by Robert J. Behrman (License ID #20080003859) for the City of Saint Paul, by Notice of Intent 3 to Deny License dated November 3, 2008, alleging licensee was convicted on January 26, 2005 of Felony 4 2 Degree Assault in violation of Minn. Stat. §609.222.1 and Saint Paul Legisiative Code §376.16(e) (4); 5 and 7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the 8 allegation, request a hearing or withdraw his license application by the November 13, 2008 deadline; now, 9 therefore, be it 10 11 RESOLVED, that the Tasicab Driver (Provisional) license application submitted by Robert J. 12 Behrman is hereby denied. 13 Yeas Nays Absent Bostrom �/ Carter �/ Harris Helgen � Lanhy �/ Stark �/ Thune ,/ d Adopted by Council: Date «�/'l��j�p� Adoption Certified by Council Secretary BY� �� // //./,r r1Ll�S.o.? ApprovedbyMayo'Y. Date ✓��a��,�?Ti�' BY� �7��f.c� � �I7�ur.-.-� r RESOLUTION PAUL, MINNESOTA / a. Requested by Depaztrnent of. � �� q � BY: 'r'1� Form ved by City� orney BY� ��AVtRE� Form �r ed b M r for S miss' n to Council BY� ,G�� 4�=/�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � S � _ Dept. of Safety & �nspections 03DEG08 i y � o I 1 Assign Z Number � 3 or outing 4 Order g Green Sheet NO: 3064864 Confact Person & Phone: Rachel Tiemey 266�710 Must Be on Council Agenda by (Date): 17-DEC-08 CP�Y]„5��1�'� 7 Ty RESOLUTION E-Document Required: Y Document Contact: �ulie Kraus ContactPhone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse ac[ion against the Taxicab Driver (Provisional) license application submitted by Robert J. Behrman (License ID#20080003859) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee . Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this perso�rm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, 4Vhy): Licensee was convicted on January 26, 2005 of Felony 2nd Degree Assautt in viola6on of Minn. Stat. Section 609222.1 and Saint Paul Legislative Code Secrion 376.16 (e) (4). After notificafion, licensee failed to respond to Notice of Intent to Deny License. Advantages If Approvetl: License denial. DisadvantageslfApproved: Disadvantages If Noi Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: December 3, 2008 322 PM Page 7 4�-�3�� SAINS PAUL � AAAA CITY OF SAINT PAUL Christopher8. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey Te/ephone: 651 266-8710 Facsimile: 65l 298-5619 November 3, 2008 Civil Divisron 400 Ciry Hall 15 West Kellogg Blvd. Sainf Paul, Mnnesota 55102 NOTICE OF INTENT TO DENY LICENSE Robert J. Behrman 1954 Lochaven Alcove Woodbury, MN 55125 RE: Taxicab Driver (Provisional) license application submitted by Robert J. Behrman for the City of Saint Paul License ID#: 20080003859 �-. u : �n,� The Department of Safety and Inspections has recommended denial of the Taxicab Driver (Provisional) license application submitted by Robert J. Behrman for the City of Saint Paul. The basis for the recommendation is as follows: On January 26, 2005 you were coavicted of Felony 2 Degree Assault (Minn. Stat. § 609.222.1) in Washington County. This is a violation of Saint Paul Legislative Code §376.16 (e) (4) which states: "Eligibility to be licensed to operate a taxicab shall be as follows: Shall not be under sentence or have been discharged from sentence for a felony conviction within the ten (10) years immediately preceding application of a license for the following offenses:........assault I-III (�§609.221 to 609.223). " At this time you have three opfions on how to proceed: You may withdraw your license application. Send a written statement to that effect to the Department of Safety and Inspecfions, 375 Jackson Street, Ste 220, St. Paul, Minnesota 55101-1806 no later than Thursday, November 13, 2008. 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 DSI. L�\CMI.�KRAUS�FORM A'S\TAXICAB�ROBERTJBEI-II2MAN LiCENSE DENW. FORMA.DOC O�-i� Robert J. Behrman November 3, 2008 Page 2 2. If you wish admit the facts but contest the denial, you may have a public hearing before the Saint Paul City Councii, 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 Thursday, November 13, 2008. The matter will ihen be scheduled before the City Council for a public hearing to determine whether to deny your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Adtninistrative Law Judge. At that heazing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's wimesses. The St. Paul City Council will ul6mately decide the case. If this is your choice, please let me know by Thursday, November 13, 2008, and I will take the necessary steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you do not contest the denial of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. Sincerely, 2 c� ✓(�,.� `I �.� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Rich Jents, DSI L:\CNIUKRAUS�F'ORM A'SITAMCAB�ROBERTTBEHIiMAN L[CENSE DENIAL FORMA.DOC Page 1 of 3 logou! S2arch Menu Ne�.v CriminaUCrafficlPe!ty Search Back REGISTER OF ACTIONS CnsE No. 82-K2-04-004558 The Sqte of Minnesota vs. ROBERT JOHN BEHRMAN, [R O�-/ �� Locahon ; �Nashington - Case Search Heip Case Typ � Felon Date Filed: 07f2612004 Location: - WashingtonStillwater PARTYINFORMATION Lead Attomeys Defentlant BEHRMAN, ROBERTJOHN Male WASH/CO FELONY PUBLIc OAK PARK HEIGHTS, MN 55082 pg/24/1g78 Public Defender Jurisdiction SWte of Minnesota COUNTY ATTORNEY PRO: CHARGEINFORMATION Charges: BEHRMAN, ROBERT JOHN 1. 2ND DEG ASSAULT (NOt applicable - GOC) SWtute Level Date 609.222.1 Converted: Offense LA7/23/2004 EVENTS & ORIIERS OF THE COURT 12/08/2004 01/26/2005 01 /26/2005 DISPOSITIONS Plea (Judicial Officer. Judge, Presiding) 1. 2ND DEG ASSAULT (NOt applicable - GOC) Guilty Disposition (Judicial Officer: Judge, Presiding) 1. 2ND DEG ASSAULT (Not applicable - GOC) Convicted Converted TCIS Criminal Sentence: SWy of Imposition (Judicial Offcer: Meyer, Gary) 1. 2ND DEG ASSAULT (Not applirable - GOC) Converted Disposition: Stay of Imposition Converted Disposition: Confinement NCIC: MN082013C - Washington Cnty Jail Probation: 7 Years Probation NCIC: MN062013G - Wash Cty Pxobation Office Conditional: 120 Days Length of Stay: 7 Years Probation Type: Supervised Converted Disposition: Fined: $100.00 Surcharge: $60.00 Costs: $10.00 Restitution: $239.74 Converted Disposition: Other Court Provisions: 570: Chem.Dependency Eval 548: Abstain from Alchol/Dxugs 572: Random Breath/UrTest Converted Disposition: Comments: 9 PROB;SERVE 30 DAYS;CAN BE FURLOUGHED FOR TX 6 RUDI PROG/COG SKILLS OTHER EVENTS AND HEARINGS 07/26/2004 DOC-Document Filed 07/26/2004 FLD-Case Filed 07/26l2004 ORD-Order 07/26/2004 Rule 5 Hearing (10:30 AM) (Judicial Officer Meyer, Gary) Result: Converted Adivity Status Flag Occurred http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=576387982 10/28/2008 Page 2 of 3 ��,2��Za�4 07/27/2004 08/05/2004 OSH 0/2004 08/18/2004 08/18/2004 09/15/2004 09/23/2004 09/23/2004 'IDl27/2004 11l2212DD4 12/08/20D4 1 ZOS/2004 12/08/2004 01/25l2005 01/26/2005 Ot/26/2005 01/26/2005 01 /31 /2005 02/01/2005, OZ/Ot/2005 02/01 /2005 O5/O6/2005 06/15/2006 09/20/2006 03/07/2007 �3l19l2007 04/27/2007 05/08/2007 05/08/2007 osioaizoo� 05/09/2007 05/25/2007 05/29/2007 07/24/2007 07l26/2007 OS/23/2007 08/23/2007 OS/24/2007'� 09/20/2007 09/20/2007 09/20/2007 09/24/2007 12/28/2007 DOC•Document Filed ORD-Order DOC-DOwment Filed �OC-Document Filed ORD-Order Rule 8 Hearing (1:00 PM) (Judicial Officer Meyer, Gary) Result Converted Acfivity Staius Flag Occuned DOC-DOCUment Filed DOC-DOCUment Filed Omnibus Hearing (9:00 AM) (Judicial Officer Mites, Susan) Result: Converted ACivity Status Flag Occurred '�. Pre-trial (9:00 AM) (JUdicial Officer Cass, John Edward) Result Conveded Activiry Status Flag Occurred I CANCELED Jury Trial (9:00 AM) (Judicial OtficerArmsVOng, Thomas G.) Other �� Plea Hearing (1:00 PM) (Judicial Officer Meyer, Gary) Result Converted Activiry Status Flag Occurred PSO-PreSentence Investigation Ordered PTN-Petition PSF-Pre-Sentence Inves6gation Filed AGM-Child Support Agreement CANCELED Sentencing (9:00 AM) (Judicial Offcer Meyer, Gary) Other Sentencing (11:59 AM) (Judicial Officer Meyer, Gary) Result: Converted Activity Status Flag Occurred DOC-Document Filed AUD-Pass to Auditor CLO-qosed ORD-Order ORD-Order SCH-Schedule Hearing ORD-Order Probation Violation Hearing (8:30 AM) (Judicial Officer Jorgensen, Kenneth L.) Result: Converted Activity Status Flag Occurred � ORD-Order Probation Violation Hearing (4:08 PM) (Judicial �cerJorgensen, Kenneth L.) Result: Converted Activiry Status Flag Occurred CANCELED Revocation Hearing (1:00 PM) (JUdicial 6fficer Jorgensen, Kenneth L.) Other CLO-Glosetl ORD-Order CLO-Closed ORD-Order SCH-Schedule Hearing ORD-Order Probation Violation Hearing (9:00 AM) (Judicial Officer Jorgensen, Kenneth L.) Result: Converted Activity Status Flag Occurred BND-Bond ORD-Order Probation Violation Hearing (11:58 AM) (Judicial Officer Jorgensen, Kenneth L.) Result: Converted Activity Status Flag Occurretl CANCELED Revocation Hearing (9:00 AM) (Judicial Officer Jorgensen, Kenneth L.) Other CLO-Closed Converted Pending Activity D� l.3�� @YNANCIAL INFURMATION http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=576387982 10/28(2008 Defend ant BEHRMAN, ROBERT JOHN T otal FinancialASSessment T otal Payments and Credits Bal ance Due as of 10/28/2008 07/27/2004 T ransadion AssessmenS 02/02/2005 T rensaction Pssessment 04/Ot/2005 ConvertedPayment Receipt#05013218 04/01/2005 Converted P ayment Receipt # 05013217 Page 3 of 3 ��-/3�� 437.74 437.74 0.00 t98.00 239.74 REST, BEHRMAN, ROBERT (239.74) BEHRMAN, ROBERT JOHN, [R (198.00j http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=576387982 10/28/2008 Chapter 376. Taxicabs* Sec. 376.16. Taxicab driver's license. Page 1 of 4 bg °�31�1v (a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any owner or lessee of a taxicab ailow any other person to drive a taxicab, within the city uniess that person has first obtained and displayed a taxicab driver's license under the provisions of this Code. (b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may carry passengers from that city to a�y place within the city and may freely enter and travel upon the streets for that purpose. In that case, it shail not be deemed necessary for the taxicab driver to obtain a city license, but the driver shall not be permitted to accept or offer any passenger for hire in the city, or otherwise operate a taxicab within the city without first obtaining a license under the provisions of this Code. While within the city, the taxicab driver shall be required to observe a{I of the applicable regulations and conditions of this section and shail have in possession and display to any person upon demand the license certificate for the taxicab. (c) License application. Every applicant for a taxicab driver's license shall file an application with the department of safety and inspections. The appiication shall be made on a form provided hy said division, containing such information as the license inspector may require, including, but not limited to, a complete employment history, to verify that the terms and conditions of this chapter have been met. The application shall be signed and sworn to by the applicant. Prior to the issuance of the license, every licensee shall be photographed. The chief of police or his representative shall investigate each applicant and shall forward the results of the application to the license inspector. Any false statement on the application shall be grounds for denial, refusal to renew or revocation of a license. (d) License fee. The fee required for a license shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. (e) Pre�equisites to license. Eligibility to be licensed to operate a taxicab shall be as follows: (1) Possess a valid Minnesota or Wisconsin driver's license; (2) Be at least eighteen (18) years old; (3) Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise obtained work authorization from the U.S. Immigration and Naturalization Service; (4) Shall not be under sentence or have been discharged from sentence for a felony conviction within the ten (10) years immediately preceding application for a license for the following offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§ 609.20 to 609.205), criminal vehicular homicide and injury (§ 609.21), assauit I--III (§§ 609.221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.3451), indecent conduct (§ 617.23, subd. 2 or 3); or any violation of the control(ed substance law (§ 152 et al) which is punishable by a maximum sentence of fifteen (15) years or more; as ailowed under Minn. Stat. § 364.09. a. The licensee shall not be under sentence or have been discharged from sentence for any felony conviction within the five (5) years immediately preceding application for a license, and shall not be under sentence or have been discharged from sentence for any non-tra�c gross misdemeanor or non-traffic misdemeanor conviction within the three (3) years immediately preceding application for a license. b. The license inspector may grant, pursuant to Minn. Stat. § 364.03, an exception to paragraph a. upon evidence that either the offense is not related to the occupation of taxicab driver, or upon evidence of rehabilitation. http://library3.municode.com/4472/DocView/10061/1/316/383 10/30/2008 STATE OF MINNESOT " � ss. COUNTY OF RAMSEY ) ��-�� AFFIDAVIT OF SE._ ✓ICE BY U.S. MAIL G��(3�� Julie Kraus, being fust duly swom, deposes and says that on the 3` day of November, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Robert J. Behrman 1954 Lochaven Alcove Woodbury, MN 55125 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. I Julie Kraus Subscribed and sworn to before me this 3 day of November, 2008 `�. !�l�G� No � Public RITA M. BOSSARD NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRESJAN.31.2010 � �