02-1104Council File # O Z� ��Oy
Green Sheet # a00 �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA G`
Presented By
Referred To
Cominittee: Date
1 WHEREAS, adverse acrion was initiated against the Tow Truck/Wrecker License held by
2 Rapid Recovery, Inc., d/b/a Rapid Recovery for the premises located at 240 W. Sycamore Street
3 in Saint Paul by Notice of Violation dated November 5, 2002 alleging a violation of Saint Paul
4 Lzgislative Code §361.08 from August 28, 2002; and
5
6 WHEREAS, the specific violarion involved having a vehicle towed from 215 S.
7 McKnight Road without having the tow authorization form filled out and signed by the owner or
8 agent at that address for that vehicle, although the agent had authorized tows for vehicles in
9 another portion of the parking lot; and
10
11 WHEREAS, Licensee has previously appeazed in front of the City Council on May 1,
12 2002 for a violation of towing vehicles without first contacting the Saint Paul Police Department
13 to verify their stolen status, and was given a fine of $50, making this a second violation within
14 one yeaz; now, therefore, be it
15
16 RESOLVED, that a fine of $1,000 is imposed against the Tow Truck/Wrecker License
17 held by Rapid Recovery, Inc., d/b/a Rapid Recovery for the violation of Saint Paul L,egislative
18 Code §361.08 from August 28, 2002. Five hundred dollazs ($500.00) of said fine shall be stayed
19 for a period of eighteen months on the condition that the licensee have no other violations of the
20 code relating to its business during that time. The remaining $500.00 shall be paid to the Office
21 of LIEP within thirty days of the passage and approval of this resolution.
DEPAR'I'MENT/OFFICFJCOUNCII,: DATE INITIATED G1�L` EN Si� �` Nor 200279
LIEP Nov 6, 2002 ' O�.' `
CONTACT PERSON & PHONE: Rvl'PIAINATE INI1'InLDnTE �.
Virginia Palmer (266-8710) � DEPARTMbNT DIIL CITY COUNCII,
NNST BE ON COUNCII, AGENDA BY (DA1'� '�I '� — CITY ATIORNEY _ CITY CLERK
FAIANCIAL SERV DA2. FINANCIAL SERV/ACCTG
NOV. ZO 2002 (hearing) gOg BER MAYOR (OR ASST.) _ CNII. SERVICE COMMISSION
ROiJTTNG
ORDER
TOTAL # OF SIGNpTURE pAGES _(CLIP ALL LOCATIONS FOR SIGNATORE)
acnox �Quesx�n: Adverse action against the Tow Trnck/Wrecker license held by Rapid Recovery, Inc. d/b/a
Rapid Recovery, Inc., located at 240 West Sycamore Street
RECOMMENDA110NS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MOST ANSWER THE FOLLOWING
QUESTTONS:
PI.ANNING COMMISSION 1. Has fl�is person/fitm ever worked under a con4act for this depaztrnent?
CID COMMITTEE Yes No
CNII. SERVICE COMMISSION 2. Has this person/firtn ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any cunent ciTy employee?
Yes No
Explain aIl yes aoswers on separate sheet and attach to green shcet
INITIAITNG PROBLEM, ISSUE, OPPORTIJNITY (Who, What, Wheq Where, Why):
Rapid Recovery, Inc. d/b/a Rapid Recovery, Inc., towed a vehicle without proper authorization from the private
property�on August 28, 2002. .�-. Rae;
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ADVAN'I'AGES IF APPROVED:
Council action necessary to impose penalty for license violation to encourage change in operating procedure and
encourage operating per City ordinance. _-
DISADVANTAGESIFAPPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No penalty wiil be imposed for license violation.
- TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: �
FUNDING SOURCE: ACTIVITY NUMSER:
FINANCIAL INFORMATTON: (EXPLAIN)
I:\USER$�PqNGBORN�greensfiett-alcohol wrry�l H wpd
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OFFICE OF THE CITY ATTORNEY
Mnnuel J. Cervnntes, Ciry Attorney
o�,.��oy
CITY OF SAINT PAUL
Randy G Kel[y, Mny�or
November 5,2002
civirDivision
400 Ciry Hall
IS West KelloggB/vA.
Saint Pmd. Minnesota 55102
NOTICE OF COUNCIL HEARING
Adam Rutzick
Steven R. Rutzick & Associates
Attorneys at Law
2620 Firstar Center
101 East 5"' Street
Saint Paul, Minnesota 55101
Telepl:one: 657 266-8710
Facsinti[e: 651 198-5619
RE: Tow Truck/Wrecker License held by Rapid Recovery, Inc., d/b/a Rapid Recovery for the
premises located at 240 West Sycamore Street in Saint Paul
Dear Mr. Rutzick :
Piease take notice that a hearing concerning the above-named establishment has been
scheduled for 5:30 p.m., Wednesday, November 20, 2002 in the City Council Chambers, Third
Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be
presented to the City Council for their consideration. This is an uncontested hearing, in that the
facts concerning the improper tow of a vehicle has been admitted to. You will have an
opporiunity at the Council hearing to present oral and/or written remarks as to the penalty, if any,
to be imposed. The recommendation of the license office will be for $1,000.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
���
� ����
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
SS 117-4920
AA-ADA-EEO Employer
O�.-��oy
UNGONTESTED LICENSE HEARING
Licensee Name: Rapid Recovery, Inc. dlb/a Rapid Recovery
Address: 240 West Sycamore Street
Council Hearing Date: Wednesday, fVovember 20, 2002
Violatio�r: l�n-authoriaed Tow of Vehicle From Private
_ Property
Saint Paul Legislative Code §361.08
Date of �fiolation
Place:
August 28, 2002
215 South McKnight Road
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
$1,000.00 Fine
Attachments:
1. Proposed resolution
2. Notice of Violation
3. License information
4. Private Property Towing Order & Invoice
AA-ADA-EEO Employer
OFFICE O. I'HE CITY ATTORNEY
Mnnue( J. Cervnntes, City Aftarney O��,\e�
CITY OF SAINT PAUL
Randy G Ke]ly, Mnyar
September 13, 2002
Owner/Manager
Rapid Recovery, Inc.
240 West Sycamore Street
Saint Paul, Minnesota 55117
GP1I D1V(5lOR
400 Citp Hn17
/5 6'est Ke[logg Blvd.
Snine Pnul, lrfinnesota 55102
NOTICE OF VIOLATION
Teleplaane: 651 266-8710
Facsiraile.' 65/ 298-5619
RE: Tow Truck/Wrecker License held by Rapid Recovery, Inc., d/b/a Rapid Recovery for the
premises located at 240 West Sycamore Street in Saint Paul
I�.`�7/u .
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the license referenced above. The basis for the
recommendation is as follows:
The Office of LIEP received a complaint from an individuai
whose car was towed from 215 S. McKnight Road on August
28, 2002. The towing receipt form did not have the signature
of the person authorizing the tow from that location. Section
361.08 of the Saint Paul Legislative Code states that the tow
cotxapany must "use a printed order form which includes the
name of the licensee's business, the address and telephone
num�aer of the storage lot, and 8he name of the person
authorizing the service, printed and signed by such person in a
legibie manner and stating such authorizing person's business
address, telephone number, and listing the time the service was
ordered, and a descrFption of the vehicle to be removed
including the year, model, manufacturer and license number of
said vehicIe. Said person authorizing the service and signing
the above order form must be an o�vner or licensee of the
property from which the vehicle is to be removed or a duly
authorized agent of such owner or licensee, other than a
licensee under this chapter or any agent or employee of such
licensee."
The recommendation from the licensing office is for a$1,000.00 fine.
AA-ADA-EEO Employer
Page 2
Rapid Recovery
September 13, 2002
0�--1 �o �
If you do not dispute the above facts and do not wish to have a public hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you should make
payment directly to the Office of License, Inspections and Environmental Protection, Room 300
Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter
should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a
waiver of the hearing to which you are entitled.
Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Sairt Paul City Council, you will need to send me a letter with a statement admitting
the violation and requesting a public hearing. We will need to receive your letter by Monday,
September 23, 2002. The matier 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 appear
before the Council and make a statement on your own behalf.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Iiearing," so you will know when and where to appear, and what the basis for the hearing will be.
In either case, please let me know in writing no later than Monday, September 23,
2002, how you would like to proceed. If we have not heard from you by that date, we will
assume that you do not contest the facts and will schedule this matter for the St. Paul City
Council and have it placed on the Consent Agenda during which no public discussion is
allowed and the recommended penalty will be imposed.
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
� �ccL� `; c�-y�Pii
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117-4920
AA-ADA-EEO Employer
0�-1�uy
STATE OF MIl�INF,SOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
JOANNE G. CL.EMENTS, being first duly sworn, deposes and says that on September 16,
2002, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof
in an envelope addressed as follows:
Owner/Manager
Rapid Recovery, Inc.
240 W. Sycamore Street
St. Paul, MN. 55117
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota. �� � �/�,�'
Subscribed and sworn to before me
this 16th day of September, 2002.
�._��..�..�. - - �,.�,��_,�,..�
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J�_ }�'.'^�'�,� tJ�^iARYPI.'911C-F61\Nc"sLin
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Notary Public �`�_��,�;;�' �Y.>:� rs a�-,=�. 3., z��� �
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License Group Comments Text
Licensee: Rp,pID RECOVERY 1NC
DBA: (zqplD RECOVERY INC
License #: 20010000273
09/03/2002
aa-��oy
09/03/2002 Complaint and documentation received indicating ihat licensee towed on 08/28/2002 withoet a properly aufhorized tow ordec To CAO for
adverse action. Recommend 5�000 fine. CAR
O6/18/2002 Letter from Roger Curtis stating that the proposed notification change suggested by the licensee in a letter dated OS/2�/2002 is not permitted
without a chan9e to the ordinance. The suggestion will be fonvarded to fhe SPPD. The existing language was changed 2t the SPPD's request
approximately 4 years ago. SCS
O5/21/2002 Letter received frwn Steve R. Rulzick & Assoc, licensee's attomey, regarding violatlon pertaining to the notification of vehicles prior to towing.
Licensee is eager tc work with the City to establish a logistically viable policy. They propose a change in the nofifiration from the point of hook-up of a
vehicle unfil the pcl-: of artival of the vehicle at the impound facility. The change is suggested for the folliwing reasons: 'I ) Ezses c�nfusion and caliing
channei 5 twice in tne event th2t the owner artives and pays the prescribed "drop fee" prior to the removal of vehicle; 2) Allow licensee to operate
efficiently, especially in cases which channei 5 is experiencing technical difficulties or a high volume of calls during snow storms, or tending to fhe business
of dispatching emergency services. This would allow channel 5 fhe ability to operate efficienfly, taking care of their priorities first, especially when utilizing
notification by fax; 3) The policy would eliminate scenarios in which the licensee's employees are placed in grave danger while vraiting for channel 5 to
clear a vehicle, allowing them to hook a car and leave the premises immediately; 4) In the event that the vehicie is tolen, it wiil have been removed to a
secure faciliry eliminatlng the possibility of the vehiGe being driven away prior to the arrival of the SPPD, as licensee cannot be expected to safely or
effectiveiy secure the vehicle in the meantime: 5) As to the integrity of "crime scenes," lice�see's employees never enter vehicles in the performance of
their dut�es. All cars towed for the City during snow emergencies are not scrutinized until after the tow has been completed; and 6) It would allow the
SPPD to respond in a timeframe that would best suit fheir needs. They could clear the vehicie and notify the owner as to the location of the vehicle. The
owner could pick up their vehicle at tFie licensee's property, relieving congestion at the impound lot. The notification would occur immediately upon arrivai
at the impound `acility by either teiephone or fax. The licensee would agree to hold all vehicles pending their Gearance through the SPPD. SS
OS/21/2002 $50.00 rcvd for fine. ES
OS/09/2002 Sent Fin= letter (�50 due 5/31/02). LAB
05/0'I/2002 CF 02-357 assessed a fine of $50. SCS
03/28/2002 Notice of Violation from CAO recommending adverse action due to several vehicles towed without first notiTying the SPPD and checking to see
if they were stolen as stated in SPLC 36�.08. Recommendation is $1,000 fine. Must respond by 04/11/2002. SS
03/20/2002 To CAO for adverse action. LIEP is requesling a$1000 fne, and stayed 30 day license suspension with no same or similar. CAR
03/12/2002 Received letter irom SPPD indicating that Rapid Recovery is not notifying the police department of tows before the tow is made. This is a
violation of the legislative code. CAR
01/3�/2002 Recd. notice of change in towing fees.KS
09/24l2001 Requested licensee submit $132.00 for hvo additonal vehicles added at renewal. LAB
Conditions on lar.dscaping will not be met by deadline on license. They are working with Tom Beach and Ramsey Cty. Hope to h2ve completed by
7/2001.4/16/0'I K.S.
1/24/01veh. inspected and stickers issued.KS.
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PRIVA�pF�ppERTY TOWIN� ORDEF� & INVOICE � v�c>B2� ��i�"
RAPtD RHC�VERY INC , DATE AND 71ME , �RDER ��Fi - d 2 Z���
' Z 40 W. $YCAMORE STREET Mq�g MODEL
SY. PAUL, MPI fi611T � iiCENSEa G3� 1-� !d P COLOR o
- 661-865-0022
DRIVER UP � I F-R TK# � �
�, 5�� �I Fi.,.� ..��L � the t5wnar or P rietor
� Pa �� � �i ' rop � Age�t 0T th9 OWner or PrOprblW
/`_. ^
ot the prem18e6 locatsd at �( S� `!yI r. Kr �� lr t In the ci a( 5 7� �
— = --- --�-y �Y �✓ , CouMy of �"� .� < r d ,
S4ate of Mlnneeota, such promfaee being under my control, do hereby atate that fhe vehlcla described above has baen placed,
at�&ndaned, or parked upon these premisab without my pertnlaslon or the permissbn ot the awner or his agent. t theretore
request tfiat RAPID RECOVERY INC., remare this vehlcla to thelr storgqg,loi. \+y�, erWCOr_FtAp1p RECA1lERY_iNG,,.pro �t -
responalbte tar dnmage to vehkle once vehlcle Ieavss our premises. Pieaw In�peet v�hicte.
REMARKS �
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cq.,, ; �l h r e �/ I - ., �- �'. �
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Slgnature
ADMINISTRATIVE COST
TOWINQ CHARaES
SYORAGE �
LINKApE
MISC.
TAX -y �
TOTAL �-��
VF .i F� Fe��D TO: RECEIPT FO GES
_ , . 81aNE0
' DIBPRtO!$R
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P-01
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October 30, 2002
STATE OF MINNESOTA
OFFICE OF ADMINISTRATZVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Don Luna, City Clerk
170 City Hall
15 West Kellogg Bivd.
St. Paul, MN 55102
U �-�>�y
RE: In the Matter of the Tow Truck/Wrecker License hefd by Rapid
Recovery, Inc., d/b/a Rapid Recovery for the premises located at 240
West Sycamore Street in St. Paul;
OAH Docket No. 15-6020-15904-3
Dear Mr. Luna:
I have received a letter from Virginia D. Palmer, Assistant City Attorney, dated
October 24, 2002, confirming that the administrative hearing in this matter has been
canceled.
Accordingly I have closed our file and am returning the record to you.
Sincerely,
��� �
BEVERLY JO S HEYDINGER ��
Administrative Law Judge
Telephone: 612/341-7606
BJH:cr
Encl.
cc: Virginia D. Palmer
Rapid Recovery
�
Providing Impartial Hearing for Government and Citizens
M Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665
OFFICE OF THE CITY ATTORNEY
Manuel J. Cervars[es, CityAftorney
_ r � t't �Vr t`
'����~T �5 ��i 8� !3
CITY OF SAINT PAUL, ��
Randy C. Kelly, Mayor
October 24, 2002
Adam Rutzick
Steven R. Rutzick & Associates
Attomeys at Law
2620 Firstaz Center
101 East 5"' Street
Saint Paul, Minnesota SS10t
.-!�"�i?�iST f Y i
�:�i+.t2:li
CivilDivision
400 Ciry Hn1!
IS Wut Kellagg Blvd.
Saint Paul, Minnesotn 55103
Telephone: 65! 266-8710
Fauimile: 657 298-5619
RE: Tow Truck/'Wrecker License heid by Rapid Recovery, Inc., d/b/a Rapid Recovery for the
premises located at 240 West Sycamore Street in Saint Paul
Dear Mr. Rutzick :
This letter will confirm that the administrative hearing scheduled for Tuesday, October
29, 2002 has been canceled. This matter will now be scheduled for a public hearing before the
Saint Paul City Council to determine what penalty, if any, will be imposed. We wili contact you
shortly with the date for the Council hearing.
If you have any questions, please feel free to contact me at 266-8710.
Sincerely,
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Virginia D. Palmer
Assistant City Attorney
cc: Judge Beverly J. Heydinger, Office of Administrative Hearings, 100 Washington Square,
Suite 1700, Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117-4920
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OFFICE OF THE CITY ATTORNEY
Manuel J. Cervantu, CityA[torney
CITY OF SA1NT PAUL
Randy C. Kelly, Mayor
September 27, 2002
Adam Rutzick
SYeve.^. R. Rutz�ck & Asse�?3tes
Attorneys at Law
2620 Firstar Center
civit Division.
400 Ciry Hall
IS West Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF HEARING
Telephone: 657 266-8770
FacsimiTe: 657 298-5679
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RE: Tow Truck/Wrecker License held by Rapid Recovery, Inc., d/b/a Rapid Recovery for The
premises located at 240 West Sycamore Street in Saint Paul
Dear Mr. Rutzick :
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Please take notice that a hearing will be held at the following time, date and place concerning the
Tow Truck/Wrecker license for the preinises identified above:
Date: Tuesday, October 29, 2002
Time: 9:30 a.m.
Place: Room 42
St. Paul City Hall
15 W. Kellogg Blvd.
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The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Beverly J. Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
AA-ADR-EEO Employer
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If a stipulation or agreement can be reached as to the facts, that stipulation wiil be presented to the
Administrative Law Judge for incorporation into his or her recommendation for Council action.
If the licensee or a representative fails to appeaz at the hearing, the licensee's ability to challenge
the allegations will be forfeited and the allegations against the licensee which have been stated
eazlier in this notice may be taken as true. If non-public data is received into evidence at the hearing,
it may become public unless objection is made and relief requested under Minnesota Statutes,
Section 14.60, subdivision 2.
If you have any questions, you can ca11 me at 266-8710.
Very truly yours,
C/ ' ;, r�
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Virgin� I7. Paimer
Assistant City Attomey
cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117-4920
Notice of Aearing - Page 3