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06- 739Council File #�/�_ Green Sheet #� b� 1 S7 $ RESOLUTION OF SAINT PAUL, MIPINESOTA Presented by 2 WHEREAS, adverse action was taken against the Mobil Food Vehicle license application 3 submitted by Kamal Tia, d/b/a Kuwa Abdalla (License ID#20040001516) for the City of Saint Paul, by 4 Notice of Intent to Deny License Application dated July 12, 2006; alleging licensee failed to submit the 5 required information to complete the application process; and 6 7 WIIEREAS, the licensee did respond to the Norice of Intent to Deny License Application to contest 8 the allegation or to submit the required information; and 10 WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed to 11 contest the allegation or submit the required information by July 24, 2006, that the matter would be placed 12 on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Mobile Food Vehicle license application submitted by Kamal Tia, d/b/a 15 Kuwa Abdalla is hereby denied. 16 17 18 19 20 Benanav Thune Adopted by Coimcil: Aate Yeas v Adoption Certified by Com cil Secret� By: ��!! ,' Sp�— Approved b Date � B Requested by Deparhnent of: B y: ' '� � _ _ Form oved by Ciry omey By: Form A ve by D Sayor r ubmi ion to Council B y : t( — 7 .�.� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DeparhnertHOfficelcouncil: LP — License/Inspution/EnvironProt Conhad Person 8 Phone: Rachei Gunderson 266-87'10 Council Agenda 6y 27-JUL-06 � Assign Number For Routing Order Green Sheet NO: 3031578 0 'ceusellns cdoWEo 'r n ro 1 icensellns ctioWEovironPro De artmentDirector 2 iCiri Attoruev { 3 o�'s Office Ma o/Assisffint 4 opocil 5 , 'tv Clerk Citv Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) � Approval of the attached resolufion to take adverse action against the Mobile Food Vehicle license application submitted by Kamal Tia, d/b/a Kuwa Abdalla (License ID#20040001516) for the City of Saint Paul. idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service CoMrects Must Answer the Followinq questions: 1. Has this personffirm ever worked under a contrad for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, VYhen, Where, Why): Licensee did not submit the required informarion to complete the application process. After notificarion, licensee failed to respond to the Notice of Intent to Deny License ApplicaUon. RECEIVED Advantapes If Approved: License denial as recommended by the Office of LIEP. DisadvanWges If Approved: None. Disadvanfages If Not Approved: Transaction: Funding Source: o�-�3q Cost/Revenue Budgeted: Activity Number: � �1l��%� ��,�-;�;.�, r� � ,.�; . a. AU6 012006 Financial I nformation: (Explain) � � 06-��9 cr� oF sa�rr Pau�. ChristopherB. CoTemm�, Mayor OFFICE OF THE CTTY ATTORNEY .Iohn J. choi, CityAnorney c;�,r�o,� 400 Ciry Ha11 IS WestKe7ZoggBlvd. SaintParll eLtmmesota55Z02 Telephone: 65l 266-8770 Facsimile: 65I 298-5619 July 12, 2006 NOTICE OF INTENT TO DENY LICENSE APPLICATION Owner/Manager Kuwa Abdalla 6130 Starlite Boulevard Fridley, MN 55432 RE: Mobile Food Vehicle license application submitted by Kama1 Tia, d/b/a Kuwa Abdalla for the City of Saint Paul LicenseIA # 20040001516 Dear Sir/Madam: The Office of License Inspections and Environmental Protecfion has recommended deniai of the Mobile Food Velucie license application submitted by Kamal Tia, d/b/a Kuwa Abdalla for the City of Saint Paul. The basis for the recommendation is as follows: On March 20, 2006, you were sent a letter from the Office of License, Inspections and Environmental Protection statiug that your Mobile Food Vehicle license application was incomplete and has heen in 0 °Pending" status since March, 2005. You were asked to obtaiu inspection approval from LIEP Environmental Specialist, Dave Weisberg and submit the following informafion: 1) State of Minnesota Tag Identification Number; 2) state location of food sales and provide detailed information of area(s) in the City of Saint Paul your mobile food vehicle will operate; 3) stafe locafion of your commissary; 4) state location of your vehicle storage and if storing in St. Paul include a site plan detailing the location; 4) submit vehicle information (V�1V, plate #, year, make and model); 5) obtain zoning approval from LIEP Zoning Inspector, Jeff Hawkins. You were given until March 27, 2006 to receive the approvals and submit the required information and as of today's date, that information has not been received. AA-ADA-EEO Employer Kuwa Abdalla ( � 0(0 — �3 `� 7u1y 12,2006 . Page 2 At this time you have four options on how to proceed: If pou wish to do business in the City of Saint Paul, you can call to schedule the inspection and zoning approvals and submit the requested documents to the Office of License, Inspections ancl Environmental Proteciion at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Monday, July 24, 2006. Information should be directed to fhe attention of Christine Rozek. 2. If you wish to have a public hearing before the Saint Paut City Council, you will need to send me a letter with a statement admitting the facts and zequesting a public hearing. VJe will need to receive your letter bp Monday, July 24, 2006. The maiter will then be scheduled before the City Council for a public hearing to deterniiue whether to deny your license application. You will haue an opportunity to appear 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 Admuiistrative 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. Paui City Council will ultimately decide the case. I£this is your choice, please advise me by Monday, Tuly 24, 2006 and I wili take the necessary steps to schedule the adzninistrative hearing. 4. 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, St. Paul,lVIimiesota 55101-1002 no later than Monday, July 24, 2006. Information should be directed to the atCention 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 you have not contacted me by that date, I will assume that you do not contest the denial of your license application. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, � �� v Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer �_, (_ 0� STATE OF MINNESOTA) ) ss. AP'F'IDAVTT OF SERVICE BI' U.S. MAII. COUNTY OF RAMSEY ) NLIE KRAUS, being first duly sworn, deposes and says that on July 12, 2006, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as foliows: Owner/Manager Kuwa Abdalia 6130 Starlite Boulevazd Fridley, MN 55432 (which is the last known address of said person) deposiring the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 12�' day of July, 2006 � � o. Public RRA M. BWSARD !pT/1Fty ptB1,IC • MINrE50tA Ny CpMMISSIOM IXP�RES JAN.31. 20 t 0 � Julie Kraus