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05-370Council File # d s' 37 b Green Sheet # J��4 � RESOLUTION CITY OF SAINT PAUL, NIINNESOTA PIZESEV7'ED BY REFEFtxEn TO 25 COI�LMITTEE: DATE i WI�REAS, adverse action was initiated against the Ta7cicab Vehicle License held by z Five Star Taaci, d/b/a Five Star Taxi (License ID#20040004394) for the City of Saint Paul by s Notice of Revocation of Taacicab Vehicle License dated Mazch 29, 2005, alleging licensee 4 allowed the Commercial Auto Liability Policy for tasicab #306 to lapse; and s s WHEREAS, the licensee did not respond to the Notice of Revocation of Ta�cicab Vehicle n License to contest the allegations; and 8 s WHEREAS, the Notice of Revocation of Taacicab Vehicle License stated that if the io lacensee failed to contest the allegations by April 8, 2005, that the matter would be piaced on the ii consent agenda to impose the recommended penalty; now, therefare, be it iz ia RESOLVED, that the Taacicab Vehicie License for taacicab #306 held by Five Star Taaci, i4 d/b/a Five Staz Ta�ci is hereby revoked. Adoption Cer�i.fied by Council Secretary By: . Ifate �1�� Requested b Department of: � z'� � � . BY: �S �- �„ Adopted by Council: Date ' oz7 .��5 Form Approved by City Attorney � Green "Sheet Green Sheet OS- 31b Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/councii: Date Initiated: �p — L�crns��rio�hronr�ot ,�-�R-0S Green Sheet NO: 3026094 Contact Person & Phone• Deoartment SeM To Person InitiaUDate RaChel Gundet50n � 0 i en n vir n P 266$7'10 pujgn 4 icense/I eMion/Environ Pro De artment Direc[or Must Be on Council Agenda by Date): Number y • Att mev For ROUting 3 a or`s �ce Mavor/ istant Order 4 0o cii 5 i Cle k Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolution to take adverse action against the Ta�cicab Vehicle License held by Five Star Taxi, d/b/a Five Star Taxi (License ID#20040004394) for the City of Saint Paul. Recommendalions: Approve (A) or Reject (R): Personal Service CoMraets Must Mswer 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 dty employee? Yes No 3. Does this person/firm possess a skill not nortnaily possessed by any current city empbyee? Yes No Explain all yes answers on separate sheet and�attach to green sheet Initiating Problem, issues, OppoRUnity (Who, What, Whe�, Where, Why): Licensee allowed the Commerical Auto Liabiliry Policy for taxicab #306 to lapse. AdvantaaesifApproved: Penalty in compliance with St. Paul Legislauve Code 396.06(g) for allowing insurance coverage to lapse. DisadvanWges If Approved: None. DisadvanWges If Not Approved: No enforcement of penalty fo[ allowing insurance coverage to lapse. Total Amount of CosURevenue Budgeted: Transaction: �i . „ ��.,. Funding Souree: ActiviN Number. '^/ P�i�� .. Financiai lnformation: (; p „ Pp � Q �� . (Explain) E°1P75 � � �C8&� . CITY OF SAINT PAUL Rnndy C. Xe71y, Mayor Mazch 29, 2005 NOTICE OF REVOCATION OF TAXICAB VEHICLE LICENSE Five Star Taxi Attn: Ahmed Fazah 6971 Washington Avenue So., #B Edina, MN 55439-1506 RE: Taacicab Vehicle License held by Five Staz Taxi, d/b/a Five Star Taxi (License ID#20040004394} for the City of Saint Paul Deaz Mr. Fazah: DS - 3'10 OFFICE THE CITY ATTORDIEY Mnnuel J Cervnntes, Ciry Attorney Civil Division 400 Ciry Ha1! I S Wut Ke!logg Blvd. Saint Pau(, Minnuota 55l02 Telephone= 651 266-87/0 Facsimile: 6� I 198-5619 The Office of License, Inspections and Environmental Protection has recommended adverse action against the taaticab vehicle license for Cab #306 held by Five Star Taaci, d/b/a Five Staz Taxi for the City of Saint. The basis for the recommendation is as follows: According to the Office of Licenses, Inspection and Environmental Protection records, the Commercial Auto Liability Insurance has been allowed to lapse on taxicab #306. On March 14, 2005 you were sent a letter from the Office LIEP requesting that taxicab #306 be taken out of service as of 12:01 a.m. on March 24, 2005, if the insurance policy was allowed to lapse. Chapter 376.06(g) of the Saint Paul Legislative Code states: "Any licensee issued under this chapter shall terminate whenever the term of said license the owner, lessee, licensee or operator of said taxicab shall fail to keep in full force and effect such insurance or bond in the full amount hereinafter required" The recommendation of the licensing office is £or revocation of your Taxicab Vehicle license for Cab #306. / Five Star Taxi Mazch 29, 2005 Page 2 At this time you have three options on how to proceed: OS - 3�d 1. If you do not dispute the above facts, but 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 violation and requestin� a public hearin�. We �vill need to receive your letter by Friday, April 8, 2005. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 2. If you do dispute the above facts, you can request a hearing before an Administrative Law 7udge. At that hearing both you and tt�e City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paui City Council will ultimately decide the case. If this is your choice, please advise me by Friday, Apri18, 2005, and I will take the necessary steps to schedule the administrative hearing. 3. If you no longer wish to operate Cab #306, you may send a written statement to that effect to Reid Soley in the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota, 55102 no later than Friday, Apri18, 2005. Please let me know in writing no later than Friday, Aprii 8, 2005, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts of the violation. The matter �rill then be scheduled for the St. Paul City Council and placed on the Consent Agenda during which no discussion is allowed and your Taxicab Vehicle license will be revoked. If you haue any questions, please feel free to contact me at (651) 266-8710. Sincerely, �� V � Rachei Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Aluued H. Fazah, 5445 Smetana Drive, Ste. �'2206, Minnetonka, MN 55343 Reid Soley, LIEP Rich Jents, LIEP OS - 3'10 STATE OF MINNESOTA ) ) ss. CODNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII, MEGHAN McGNERN, being first duly sworn, deposes and says that on March 29, 2005, she served the attached NOTICE OF REVOCATION OF TAXICAB VEHICLE LICENSE by placing true and correct copies thereof in envelopes addressed as follows: Five Staz Taaci Atm: Ahmed Farah 6971 Washington Avenue So., #B Edina, MN 55439-1506 �� 'S'�T:�I:��T,,'�.5� 5445 Smetana Srive, Ste. #2206 Minnetonka, MN 55343 (which are the last Irnown addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� .i�,� 11. .� _ _ .,. _ . MEGHAN McGIVE12N Subscribed and sworn to before me this 29th day of Mazch, 2005. Notary JOANNE G. CLEMENTS NOTARY WBLIC•MINt�ESOTA MY COMMISSION DCPIRES JAN. 31. 20 7 0