05-371Council File # 0 � � � J '
CrreenSheet# ����OCC1�
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
��O
PRESENTED BY
REFERRED TO
COMbIITTEE: DATE
i WHEREAS, adverse action was initiated against the TaYicab Vehicle License held by
2 Aluiied H. Farah d/b/a Five Star Tasi (License ID#20040000104) for the City of Saint Paul by
a Notice of Revocation of Tasicab Vehicle License dated March 29, 2005, alleging licensee
4 allowed the Commercial Auto Liability Policy for taacicab #302 to lapse; and
5
s WHEREAS, the licensee did not respond to the Notice of Revocation of Tasicab Vehicle
v License to contest the allegations; and
s
s WHEREAS, the Notice of Kevocation of Taxicab Vehicle License stated that if the
io licensee failed to contest the allegations by Apri18, 2005, that the matter would be placed on the
ii consent agenda to impose the recommended penalty; now, therefore, be it
iz
ia RESOLVED, that the Tasicab Vehicle Lacense far taacicab #302 held by Ahmed H. Farah
i4 d/b/a Five Staz T�i is hereby revoked.
Requested by Department of:
�L��'
$y� � r �;. �1 �"�2.�-`1
Form Approved by City Attorney
Adopted
Qpri l_ �7 adOS
� Green Sheet Green Sheet
DS- 371
Green Sheet Green Sheet Green Sheet Green Sheef
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DepartmenUotficelcou�it: . Date Initiaied:
� -L;�.,,�„ S�ho,,,�,�T�,� t ,�R-0s Green Sheet NO: 3026088
Deoartment Sent To Person InitiaVDate
CoMad Person & Phone:
RachelGunderson 0 ice e/I s vir nPr
266-8��� ASSIgn 1 icenseJlns eclionJE v�ronPro D artmentDireMOr
Must Be on Council qgenda by (Date): Num6er Z o
FOI 3 a or's STice �favorl,lssistant
Routing
Order 4 on cil
5 i le� i {�(�
Total # of Signature Pages _(Clip Ali Locations for Signature)
Action Requested:
Approval of the attached resolution to take adverse action against the Tasicab Velucle license held by Ahmed H. Fazah, d!b/a Five
Star Taxi (License ID#20040000104) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission �, Has this personffirtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a raty employee?
Yes No
3. Does this person�rm possess a skill rmt nottnally possessed by any �
current city employee?
Yes No
Explain all yes answers on sepa2te sheet and attach to green sheet
lnitiat+ng Probtem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee allowed his Commerical Auto Liability Policy for ta�cicab #302 to lapse.
Adva�tages tf Approved:
Penalty in compliance with St. Paul Legislative Code 376.06(g) for allowing insurance coverage to lapse.
DisadvanWAes If Approved:
None.
Disadvantages if Not Approved:
No enfoicement of penalty for allowing insurance coverage to lapse.
ToWI Amount ot CosURevenue Budgeted:
Transaction:
Pundinp Source: AetivityNumber. �`„�`� ��Qaar�h Ce�eit93�
Financial Information: ,� pg C
(ExPlain) �.�s: � � �UO:J
f
CITY OF SAINT PAUL
Raru(y G Kelly, �Lfayor
Mazch 29, 2005
OFFICE THE CITY ATTORNEX
hlanuelJ. Cervan[u, CiryAttorney �� �j��
.7 !
Civi(Division
400 Ciry Ha(1
15 Wect Kellogg Blvd.
Saint Pau{ Minnesol¢ 55102
Telephone: 651 266-87J 0
Facsimile: 651298-56l9
NOTICE OF REVOCATION OR TAXICAB VEHICLE LICENSE
Aluned Fazah
Five Star Taxi
6971 Washington Avenue So., #B
Edina, MN 55439-1506
RE: Taxicab Vehicle License held by Aluned H. Fazah, dlbJa Five Staz Taxi
(License ID#20040040104) for the City of Saint Paul
Dear Mr. Fazah:
The Office of License, Inspections and Enviroxunental Protection has recommended
adverse action against the taxicab vehicle license for Cab �302 held by Aluned H. Fazah, d/b/a
Five Star Taaci 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 Commerciai Auto Liability Insurance has been allowed to lapse on
taxicab #302. On March 14, 2005 you �vere sent a letter from the Office LIEP
requesting that taxicab #302 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(� 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 for revocation of your Taxicab Vehicle
license for Cab #302.
Five Staz Taxi
March 29, 2005
Page 2
At this time you have three options on how to proceed:
os- 3
If you do not dispute the above facts, but wish to have a public hearing before the Saint
Paul City Councii, you wili need to send me a letter with a statement admittin� the
violation and requesting a public hearing. We will need to receive your letter by Friday,
Aprii S, 2005. The matter will then be scheduled before the City Council for a public
hearin� to determine what penalty, if any, to impose. You will have an opporiunity to
appear 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
Judge. At that hearing both you and the City wi11 be able to appear and present witnesses,
evidence and cross-examine the other's witnesses. The St. Paul City Councii will
ultimately decide the case. If this is your choice, please advise me by Friday,
April 8, 2005, and I will take the necessary steps to schedule the administrative hearing.
3. If you no longer wish to operate Cab #302, 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, April S, 2005.
Please let me know in writing no later than Friday, April 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 will 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 have any questions, please feei free to contact me at (651) 266-8710.
Sincerely,
c 'IJ' - "
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Aluned H. Farah, 5445 Smetana Drive, Ste. #2206, Minnetonka, MN 55343
Reid Soley, LIEP
Rich 7ents, LIEP
�� � �
STATE OF NIINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL
COIJNTY OF RAMSEY )
MEGHAN McGIVERN, 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 conect copies thereof in envelopes addressed as follows:
Aluned Farah
Five Star Taxi
6971 Washington Avenue So., #B
Edina, MN 55439-1506
Ahmed H. Fazah
5445 Smetana Srive, Ste. #2206
Minnetonka, MN 55343
(which are the last lrnown addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
,
11_ .. . ,.. J�. �.�,.
_, -
Subscribed and sworn to before me
this 29th day of March, 2005.
JOANNE G. CLEMH�i'fS
_ NOTARYPt�IIC•M�IPESOTA
MY COMMISSION
EXPlRES JAN. 31. 2 Q 1 0