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02-1128CouncilFile# O�+ \\1Y GreenSheet# '��OZR'� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 13 WIIEREAS, a fine of $ 2,000 was assessed against the Tow TrucklWrecker license held 2 3 4 5 6 7 9 10 11 12 13 14 15 by A-1 Able Towing (License ID# 20010001561) by City Council file #02-793; and WHEREAS, notice was sent to the licensee by letter dated September 1Q 2002 from the Office of LIEP advising that the fine was due by September 7, 2002; and WHEREAS, as of September 7, 2002 no fine had been paid, and the City Attorney's Office advised licensee by letter dated October 1, 2002 that the fine must be paid by October 14, 2002 or action would be taken to suspend the license held by A-1 Able Towing; and WHEREAS, no payment has been received by the Office of LIEP, nor has the licensee contacted the City Attorney's Office ; now, therefore, be it RESOLVED, that the Tow Truck/Wrecker license held by A-1 Able Towing (License ID # 20010001561) is suspended until such time as the fine of $2,000 has been paid in full. ?� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 200284 oi � „} • LIEP Nov 20, 2002 ' `� CONTACT PERSON & PHONE: 7NITIALDATE INITL4UDA7'E Virginia Palmer (266-8710) � DEp,�xr�c�1 nm. c�rv covrrcn. - MUST BE ON COUNCII, AGENDA BY (DATE) ��IGN — CITY ATTORNEY _ CITY CLERK FINANCIAL SERV DIIL FINANCIAL SERV/ACC'IG DeC 4 2002 (consent) ppg $ER MAyOR (OR ASST.) _ CIVII, SERVICE COMMLSSION ROi1TING ORDER TOTAL # OF SIGNATURE PAGES _(CZIP ALL LOCATIONS FOR SIGNA'I'URE) . ncriox xeQues�n: Adverse action against the Tow Truck/Wrecker license held by A-1 Able Towing, located at , 14 Acker Street East .... RECOMMENDA7'fONS: Appmve (A) or Reject (R) PERSONAL SERVICE CONTRACfS M[JST ANSWER THE FOLLOWING ;r, QUESTIONS: PLANNING COMMISSION 1. Has [his person/firm ever worked under a contract for this depar[ment? .. CIB COMMITTEE Yes No - CNII. SERVICE COMMISSION 2. Hzs this person/firm ever been a ciTy employee? Yes No 3. Dces this person/fimi possess a skil] not nortnally possessed by any current ciTy employee? ' Yes No - Explain all yes answers on separate sheet and attach to green sheet '- INTTIATING PROBLEM, ISSUE, OPPORT[JNI1'1 (Whq What, Wheq Where, Why): On August 28, 2002 the St. Paul City Council fined A-1 Able Towing for towing vehicles without proper authorization. The fine has not been paid. � �, ,�"'�,.,� ,��,i�.,s,;�'1."��., �?�;,�°^�7 ¢r�an� : r , r� �t.; .:. > r �, ��' ADVANTAGESIFAPPROVED: Council action necessary to enfarce the Council adopted penalty for the license violation. � DISADV.APiTAGES IF APPROVED: None. ^ DISADVANTAGES IF NOT APPROVED: No penalty will be imposed to enforce Council action for license violation. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: . Ff1NDINGSOURCE: ACTIVTTYNIJMBER: FINANCIAL INFORhIATION: (EXPLAIN) I.\USERS�PANGBOAN�grernsfiett - alrolwl compi B wpd July 18, 2002 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS i00 Washington Square, Suite i700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE: (612) 341-7600 TT': (612) 34�-7346 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 (��--1�� RECEEi�'ED JUL 19 2002 Cl a Y CLERK RE: In the Matter of WreckedTowing License held by A-1 Able Towing for the premises located at 14 E. Acker Street in St. Paul; License 1D #20010001561; OAH Docket No. 1-6020-14964-3 Dear Mr. Luna: I understand that the licensee has elected to present this matter directly to the City Council. We are closing our file and returning any original documents. The July 23, 2002 hearing is cancelled. Sincerely, ��"`."\ � � GEORGE A. BECK � Administrative Law Judge Telephone: 612/341-7601 GAB:cr Encl. cc: Docket Coordinator Virginia D. Palmer A-1 Abie Towing Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile: (6�2) 349-2665 Facsimile: (612) 349-2691 Facsimile: (612) 349-2634 0 OFFICE OF THE CITY ATTORNEY Manue[J. Cervantu, CiryAttorney T'v � '' r �� 1�- ,J L „� ' _ ��.� CITY �F SAINT P�gi�,� 2 � � �� 3a CivilDivision Rnndy G Kelly, Mayor -— " 400 Ciry Hall Telephone: 651 266-8710 ,J�:, ISWertKe(IoggBfvd. Fncsimile:651298a619 ' �r,�,qi��l`:V� SaintPnut,Minnuofa55102 �� ' June 2Q 2002 NOTICE OF HEARING Owner.Manager A-1 Able Towing 14 East Acker Street Saint Paul, Minnesota 55104 RE: Wrecker/Towing License held by A-1 Able Towing for the premises located at 14 E. Acker Street in Saint Paul License ID #: 20010001561 Dear Sir/Madam: Please take notice thaY a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, July 23, 2002 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota Offtce of Administrative Hearings: Name: George A. Beck Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Teleplion e: 612-341-7601 The Councii of the City of Saint Paul has the authority to provide for hearings concemin� licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 AA-ADA-EEO Employer OFFICE OF THE CITY ATTORATEY ManuelJ. Cervamu, CiryA« orney ,r D � L CITY OF SAINT P�g,�3 21 �� ' 38 CivilDivision Ranrty C. Kel7y, Mayor _�� -^�'` 400 City Hal[ w�;'.; �,,;'.' f��"'` '• I S West Kellogg Blvd. U � P K,��i�.t7� Saint Pau[, Minnuota Si102 � ��rl JUIIe 2�� 20�2 NOTICE OF HEARING Owner.Manager A-1 Able Towing 14 East Acker Street Saint Paul, Minnesota 55104 Te(ephone: 651266-8710 Fncsimile: 651298-5619 RE: Wrecker/Towing License held by A-1 Able Towing for the premises located at 14 E. Acker Street in Saint Paul License ID #: 20010001561 Dear Sir/Madam: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, July 23, 2002 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing wiil be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: George A. Beck Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Teleplione: 612-341-7601 The Council of the City of Saint Paul has the authority to provide for hearings concemin� licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 AA-ADA-EEO Employer and 310.06, ofthe Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: In March of 2002 the Office of LIEP received a complaint from an individual whose car had been towed from the Lamplighter, a private lot in Saint Paul. The car was towed without the appropriate authorization from the owner of the lot pursuant to Saint Paul Legislative Code §361.08, which requires that a licensee when providing tow truck service "shall use a printed order form which includes the name of the licensee's business, the address and telephone number of the storage lot, and the name of the person authorizing the service, printed and signed by such person in a legible manner and stating such authorizing person's business address, telephone number, and listing the time the service was ordered, and a description of the vehicle to be removed including the year, model, manufacturer and license number of said vehicle." The licensee was unable to provide any such authorization form for this tow. Additionally, on or about April 9, 2002, LIEP received a complaint that the licensee was not maintaining 24-hour on duty storage lot. Police checked and observed on April 19, 2002 at 6:00 a.m. that no lights were on, no one answered the door when the officers knocked and no employees appeared to be on-site. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310A5 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themseives for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any wimesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �►'� "^. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearin�, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.6Q subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, �� `.f�� c�. �� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii 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 Hearing - Page 3