The URL can be used to link to this page

02-251�`:�9�^I i �.r% c 4 L.'` i C 1? �c � Presented By Referred To Committee: Date 1 WHEREAS, adverse action was imtiated against the Tow Truck/Wrecker license held by 2 A-1 Able Towing, Inc. by the Office of LIEP pursuant to a Notice of Violation dated November 3 7, 2001, which alleged violations of Saint Paul Legislative Code Chapter 361; and 4 WHEREAS, Licensee requested a hearing before an Administrative Law Judge, and a hearing was held on January 29, 2002 before Administrative Law Judge Allan W. Klein; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the ALJ issued a Report dated February 19, 2002, and determined that the Office of LIEP had sustained its burden of showing some, but not all of the violations and recommended that adverse action be taken against the licenses, without a specific recommendation as to the appropriate penalty; now, therefore be it RESOLVED, that the Tow Truck/Wrecker license held by A-1 Able Towing, Inc. is hereby suspended for a period of ten days, with the suspension stayed for a period of eighteen months on the following condirions: 1) that the Licensee pay a fine of $1,000; 2) that there be no further violations of Chapter 361 of the Saint Paul Legislative Code, or other violations related to the operation of the business; and 3) that the Licensee strictly comply with the requirement that the storage lot shall be maintained with 24-hour continuous on-site staffing. FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated February 19, 2002 aze adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on January 29, 2002, the documents and eachibits introduced therein and, the findings of fact and conclusions of law of the ALJ as referenced above. Council File # � a+ p�. 5� Green Sheet # � d 3?+SQ RESOLUTION CITY OF SAINT PAUL, iVIlNNESOTA � 1 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the �.1, -a• S � 3 Administrative Law Judge and to the Licensee. 4 g I� ��l��l'�?°�� Adopted by Council: Date �� , Adoption Certified by Council Secretary Appx Requ�st�d by�yepartment of: L � By: OFFICE oF LIEP March 14 zoo2 GREEN SHEET � Roger Curtis, Director 266-9013 No .10 3 3 5 0�a 1 EPARTDffiJT DSRECTOR 3 ITY CODNCIL ITY ATTORNEY ITY CLERA •��e�m � ust be on Council Agenda• AS 1O"'° �ET DIRECTOR - IN. & MGT. SVC. DIR. soon as possible xox rox assxsraNr� AL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the Wrecker/Towing License held by A-1 Able Towing (License ID No. 20010001561) for the premises located at 14 East Acker Street be suspended for a period of ten days, said suspension to be stayed for a period o£ 18 months on the conditions that; 1)the licensee pay a fine of $1,000; 2) have no further iolations in that time period and 3)that the Licensee strictly comply with the equirement that the storage lot shall be maintained with 24 hour on-site staffing. hat the findings of fact and conclusions of law contained in the ALJ Report in this case dated February 19, 2002 are adopted as the written findings and conclusion of the Council in this matter. � ECO6IISENDATIONS: APPROVE (A) OR REJECT (R) ERSOWAL SERV3C8 CONTRACTS DIOST J.N8w8R TeE POLLOWINO: PLANNING COIR]ISSION CIVIL SERVICE CO[MSISSION 1. Has the persoR/fism ever wos'ked undei a contract fot this department? . CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO SxAFF _ xas this person/firm ever been a City esployee? DISTRICT WURT YES NO - Does this person/firm possess a skill not normally possessed by any PPORTS WHICH COUNCIL OHSSCTIVE? Current City employee? YES NO xplain all Ys3 anawers on a aeDarate sheet anfl attaeh. �...INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Adverse action as initiated against the Tow Truck/Wrecker license held by A-1 Able Towing, Inc. by - the Office of LIEP pursuant to a Notice of Violation dated November 7, 2001 which alleged that the Licensee failed to notify Saint Paul Police Department Auto Desk immediately upon receiving towed vehicle. Licensee failed to maintain twenty four � our on-duty service for release of motor vehicles. Licensee also had a violation o ' charges for service which did not match the listed sheet of charges filed with LIEP. icensee requested a hearing before an ALJ and a hearing was held on January 29, 2002 nd the ALJ issued a report dated February 19, 2002 and determined that the Office o IEP had sustained its burden of showing some, but not all of the violations and recommended that adverse action be taken against the licenses, without a specific recommendation as to the appropriate penalty. . �IANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO UNDING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) i '=.;,�a .�. u �� oa-as � CITY OF SAINT PAUL RrsnAy C. Kelly, Mayor February 21, 2002 OFFICE OF THE CITY ATTORNEY Mnnuel J. Cervnntes, Ciry Almrney - ag - civilDivision 400CityNal( Teleplrone:651266-5710 IS West Ke!logg B(vd. Fncsimi(e: 651298-i619 Saint Pnul, Mirsnesota 5510? NOTICE OF COUNCIL HEARING Troy Atlison 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 Deaz Mr. Allison: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, March 6, 2002, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, (/C�? wC�J �>cC,j'^�-�� Virginia �Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, M� 55117-4920 o a.-as � 6-6020-14658-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. FINDWGS OF FACT, CONCLUSIONS, RECOMMENDATION AND MEMORANDUM This matter was heard before Administrative Law Judge Allan W. Klein, serving as Hearing Officer for the St. Paul City Council, on January 29, 2002 at the St. Paul City Hall. The hearing took less than a day, and the record closed at the end of the hearing. Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection (LIEP). Troy Allison, a manager of A-1 Abie Towing, Inc., 14 E. Acker Street, St. Paul, MN 55104, appeared on behalf of A-1 Able Towing, Inc. without benefit of counsel. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c-1) of the City's Legislative Code, the City Council wiil provide the Licensee an opportunity to present oral or written argument to it before it takes final action. Parties should contact the City Clerk to ascertain the procedure for presenting argument to the Councii. STATEMENT OF ISSUE Shoafd the vareckedtorving licenses held by A-1 Abl� Tawi;,g, ;;,a 5s #he subject of adverse action by the City as a result of violations of the legislative code described below? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. For some time prior to January 1, 2001, A-1 Able Towing operated a towing business under license from the City of St. Paul. On January 1, 2001, the business was sold to Randy Gilb. He proceeded to operate the business, apparently unaware that the license was not transferable. In April of 2001, the City discovered that oa-�51 the business had been sold, and during the months of April, May and June, the City demanded that Gilb provide various items needed for licensure, such as proof of insurance, a bond, a power of attorney on the bond, and similar items. Some time in July, Gilb hired Troy Allison to manage the business. One of Allison's tasks was to take care of the licensure problems with the Cify. On August 17, 2001, Gilb and Allison met with a group of LIEP personnel, and it was agreed that all licensing requirements would be fulfiiled by August 21, 2001. By that date, Allison had provided all of the required items to the City. A license was issued effective July 1, 2001.� 2. On or about July 30, 2001, A-1 was called to tow a vehicle from the parking lot at 51 West 7�' Street. The vehicle had been abandoned at the lot. A-1 did tow the vehicle back to A-1's storage lot on East Acker Street. 3. The vehicle's registered owner was PVO Auto Rental and Leasing, Inc. PVO (through U-Save Auto Rental) had rented the car to an individual who abandoned it at the parking lot. 4. The vehicle had been rented untii July 13. After a week, on July 20, 2001, PVO reported the missing vehicle to the Ramsey County Sheriffs O�ce. The renter couid not be (ocated, and on August 14, fhe Sheriff's office issued a warrant for the renter's arrest for theft of vehicle. 5. On August 23, A-1 sent a letter to PVO, indicating that A-1 had the vehicle in storage and PVO had 45 days to claim it. PVO's president, Pat O'Brien, immediately called A-1, spoke with Troy Ailison and confiremd that A-1 had the missing car. O'Brien attempted to negotiate for reduced storage charges. A-1 demanded $801.75 before it would return the vehicle. Ultimately, PVO had to pay $901.75 to obtain the vehicle from A-1. 6. O'Brien learned that the City Code required a tow truck licensee to give written notice to the last registered owner of a towed vehicle within 48 hours of towing the vehicle. On August 25, O'Brien wrote to the City, complaining about the fact tfiat he had not received any 48-hour notice and that most of the $801.75 he was being asked to pay consisted of storage fees which had accrued beyond the 48-hour limit. The City informed him that the dispute was a civil matter between A-1 and PVO, so O'Brien brought an action against A-1 in conciliation court. O'Brien claimed that A-1 should return the excess storage charges beyond 48 hours, plus the lost revenue from having the car unavailable for rent. O'Brien and Ailison both appeared in conciliation court. O'Brien claimed he never received any 48-hour notice. Allison, on the other hand, stated that mailing a 48-hour notice was a routine part of A-1's operations, and that such a notice was mailed in this case. The conciliation court referee found in favor of PVO, awarding it $650.00 plus fees. In a brief inemorandum, the referee stated: "Lost revenue claimed disallowed as speculative. Damages are for extra storage days plaintiff was charged which wouid not have ' Ex. 1. 2 Ex. 11. 2 a�_as t incurred if a notice was sent by 8/2/01. I find no credible evidence that the 48-hour notice was given." The judgment was entered on December 3, but stayed until December 26 to allow time for appeal. There was no appeal. A-1 has never paid PVO any of the monies which the Court awarded to PVO. 7. On Sunday, October 21, 2001, in the early morning, A-1 towed a car from the residents' parking lot at the Highcrest Apartments located at 1051 County Road D in the City of Vadnais Heights. The driver of the car heard his alarm sound, and came out of the apartment building to see what was happening. He saw his car being towed away by a tow truck. He was unable to stop the truck before it left the parking lot, and so he went back into the buiiding, spoke with a tenant and the manager, and obtained two telephone numbers for the towing company that served the building. The car was being operated by Anthony Smith, but was actualiy owned by his father, qnth�n Smith called one of the numbers and reached the tow truck operator who was still in the process of towing Smith's car to the company's lot in St. Paul. Smith asked the operator to bring his car back to the apartment building, but the operator refused to, stating that he had already crossed the city limits into St. Paul, and would not turn back. He told Smith that Smith would have to get the car from the A-1 lot, but he did not tell Smith where it was located. Smith then called the Ramsey County Sheriff's Department to explain why he thought his car should not have been fowed, and a deputy sheriff came out the apartment building. The deputy offered to give Smith a ride to the tow company's lot, but when both Smith and the deputy separately attempted to contact the driver or the company, they got no answer using both telephone numbers. The deputy did obfain the address of fhe company, and give Smith a ride home. When Smith got home, at approximately 2:30 or 3:00 in the morning, he attempted to call both of the numbers he had, but he received no answer at either number. 8. The next morning (Sunday morning) Smith called both numbers that he had at least three times between 9:30 and 11:30 in the morning. He got no answer. Around 12:00 noon, he got a ride to the company's lot on Acker Street. There was no company employee present, but there were several other "customers" attempting to retrieve their cars. Smith had his cell phone with him, and he attempted again to call both numbers, but got no answer at either number. The office was not open. Smith observed that his car was parked between the sfreet and a fenced-in area, so he just used a spare key, got in the car, and drove it home. 9. The next day, which would have been Monday, October 23` Smith was stopped by police. The police indicated that the car had been reported as stolen. Smith explained the situation, and the police officer indicated that it sounded like a civil matter beiween the towing company and Smith. The pofice officer did call A-1, and they came 3 The Administrative Law Judge is intentionally avoiding the issue of whether or not it was proper for A-1 to tow the car. That is not a basis for the City's licensing action against the company, and there was a suggestion during this hearing that there mighf be civif litigation brought by Smith against the company regarding the propriety of the tow. The Administrative Law Judge did not take sufficient evidence to form any opinion on the propriety of the tow, and has no position on that issue. 3 o1-�-s � and towed the car a second time. Later that morning, Smith called his attorney, Jamie R. Pierce. Pierce called A-1 and spoke to an employee identified as "Joe." Pierce asked about Smith's car, and how much it would cost to get it out. Joe told Pierce that he did not have that information, and that Pierce should call the next morning and get the information from a manager named Troy. The next day, Tuesday, October 23, Pierce did call and spoke with Troy [Troy Aliison] around 10:00 in the morning. Allison said he did not have the information about Smith's car or how much it would cost to get it released, but that he would call Pierce back later on in the day. At approximately 5:45 p.m., AIlison did cal! Pierce back and informed him that it would cost $631.00 to retrieve the car if it were picked up by midnight. It would cost an additional $100.00 per day until it was picked up. 10. On Tuesday, October 23, Pierce contacted Kristina Schweinler, a senior licensing inspector with the City. Pierce had reviewed the City's legislative code, and he came to the opinion that th� conipa^y was i; ��;a;aacr, cf a ru�ber �f prcvisiors. Fierce wrote Schweinler outlining his opinions and seeking her assistance. The next day, October 24, Pierce sent Schweinler a second letter, complaining about the ordinance violations and the high cost of getting the car released 5 � 11. Smith had difficulty raising the money needed to get the car, and it was not until Thursday, October 24, that he was able to pay the $831.75 demanded for the release of the car. 12. Approximately a week later, on Friday, November 2, Richard Jents, a City License fnspector, went to the company's office on Acker Street to gather information concerning the compiaints which Pierce had made concerning the company's towing of Smith's car. When Jents got to the office, he found it closed and there was no employee around. An employee from a neighboring business told Jents that the neighbor believed he had seen "Troy" earlier that morning, but he and Jents looked around the company's property and were unable to locate anyone. This visit took place between 11:45 a.m. and 12:15 p.m. 13. On Monday, November 5, Jents telephoned the company and a woman answered. She gave Jents another telephone number to cali and Jents reached Troy Allison. Jents told Allison what he wanted, and Allison agreed to meet Jents at the company's office. Ailison was not at the office when he got Jents' call, and it is unknown whether the woman who answered the company's telephone was physically located at the office or not. Jents did meet Aliison at the office, and Allison provided Jents with the documentation he wanted. 14. Among the documentation collected by Jents was a rate sheet entitled "A- 1/Able Service Rates" and "Impounding Rates." This sheet sets forth rates for a variety of services but, at the bottom, announces the following: ° Ex. 5. 5 Ex. 6. 6 Ex. 4. 0 O�.- � S 1 "All rates are quoted as minimum prices and subject to .tax fees (sic) when applicable. Rates are subject to change." In addition to the rate sheet, Jents collected two invoices. One was the invoice for the original tow in the early morning hours of Sunday, October 21' and the other was the invoice for the second tow on Monday, October 22 8 The first invoice indicates a storage fee of $25.00 per day for two days ($50.00), a tow fee of $125.00, an administration fee of $18.00 and tax of $8.75, for a total of $201.75. Presumably that is the amounf fhaf Smith would have had to pay if he had paid to retrieve his car before midnight on Monday, October 22. The second invoice is not fully filled out, but it appears that Smith was charged $125.00 for the first tow, $176.75 for the second tow, $400.00 for four days of storage at $100.00 per day, a"police report" fee of $100.00 and a"chain" fee for $30.00, for a total of $831.75. There is nothing on the company's rate sheet which indicates a storage fee of anything more than $25.00 per day, nor is there Gnything that v✓culd allow char�res far a"police ;eper" or a"cha�n." 15. At the time that Gilb and Allison met with personnei from the City's LIEP office on August 17, they explained that A-1 was a small operation, and thus it would not be economical for A-1 to have a person at the storage lot 24 hours per day, seven days per week. They told the LIEP personnei, including Christine Rozek, LIEP's Deputy Director, that someone would always answer the telephone, but it might be a driver, a neighbor, or any of a number of peop(e who would answer, and they would not necessarily be on premises when they did answer calls. Rozek replied "thaYs no problem so long as it doesn't become a problem." And that is how A-1 has operated. It has four drivers, a manager (Troy Allison) and a secretary. The "on call" responsibility for answering telephones is theoretically rotated among these people, so that, in theory, there is aiways somebody to answer the telephone. But the evidence shows that regardless of what the theory is, in practice it does not work. On the night that Smith's car was towed, neither he nor the deputy sheriff could get an answer. The next day, a Sunday, the phone was not answered when Smith cailed several times between 9:30 in the morning and noon. 16. On November 7, 2001, the City issued a Notice of Violation to A-1 Towing. The notice charged the company with a number of violations arising out of the Smith towing incidents of October, 2Q09. The notice indicated the comoany had the right to a hearing, and gave the company until Novem6er 19 to decide whether or not to exercise that right. The company did not receive the notice, and thus it did not respond. The matter was scheduled before the City Councii for December 19, and the company was notified of its opportunity to appear before the Council. The company received that letter. 17. On December 12, Ailison sent a letter to Virginia Palmer, the Assistant City Attorney handling the matter, indicating that he did not receive the December 10 ' Ex. 3b. $ Ex. 3c. 9 Ex. 7. 5 bY�S \ letter scheduling the matter before the City Council on December 19, and would like the opportunity to defend the company against ail complaints. 18. On December 18, 2001, the City issued a Notice of Hearing, setting the matter on for hearing on January 23, 2002 in St. Paul. The Notice cited the Smith fowing incidenf of October, 2001 and the 24-hour on-duty issue which arose out of that incidenf.�� 19. On January 15, the hearing date was continued to January 29 because of the unavailability of a City witness.' 20. On January 18, 2002, the City issued an amended Notice of Hearin�q adding the complaint from PVO/U-Save Auto Rental relating to the July, 2001 incident. 3 21. The hearing did ge forward on July 29 and both ±o�.��irg incidents ��ere litigated. There was no objection from the company regarding the scope of the hearing or any of the procedures used. 22. The LIEP office recommends that the company's licenses to operate be suspended for a period of 10 days, but that such suspension should be stayed for a period of 18 months so long as there are no repeat or similar offenses. In addition, LIEP recommends a find of $1,000.00. Based upon the foregoing Findings of Fact, the Hearing Officer makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paui Legislative Code §§ 310.05, 310.06 and 361.18. 2. The City of St. Paul has fuifiiled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. Section 361.05 of the City's Legislative Code provides that applications for a wrecker or tow truck service vehicle shail contain: (2) A record and establishment of reasonable fixed towing and fixed drop charges, which fixed charges sha(I be on file wifh 10 Ex. 8. " Ex. 9. t2 Ex. 12. 13 Ex. 13. "Test. of Kristina Schweinler. [^; oa•as� the license inspector's office, which office is fo be notified immediately in writing as changes occur therein in such rate. 5. as follows: 6. as follows: 7. as follows: (3) A statement that there will be a storage lot or lots at which will be maintained continuous twenty-four-hour-on-duty service from an office on the premises for the release of motor vehicles, together with the exact location of such lot or lots, with changes to be made known to the Office of License, Inspections and Environmental Protection immediately in writing. Section 362.08 of the City's Legis(afive Code provides, in pertinent part, °Every wrecker _or tow truck motor veh ;c.le �icer.see sha!! ;�si`;;;n forty-eight (48) hours of receiving a towed vehicie, give written notice to the last listed owner according to the motor vehicle registration records of the location of the towed vehicle." Section 361.12 of the City's Legislative Code provides, in pertinent part, "AA licensees shall...tow the vehicle directly fo a twenty-four-hour on-duty storage lot owned or operated by such licensee..." "Section 361.18 of the City's legislative Code provides, in pertinent part, "Any license under this chapter may be denied, suspended, revoked or renewal refused for any one (1) or more of the following causes: (4) Failure to pay or make arrangements to pay within ninety (90) days any final judgment arising out of the ownership, use or operation of a licensed vehicle; (5) Failure to comply with any provision of this chapter." 8. Section 310.06 of the Cit;i s Legislative Code permit� the Cit�� Counc�! to take adverse action against a license if ... (5) The licensee or applicant has failed to comply with any conditions set forth in the license, or set forth in the resolutian granting or renewing the license. (6) (a) the Licensee or applicant...has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonabiy related to the licensed activity... 7 ai-a3t 9. A-1 Able Towing, Inc. has violated Section 361.05 by failing to estabtish fixed towing and fixed drop charges; the company has also failed to follow its schedule of fixed charges; and, the company has failed to notify the office of LIEP as changes occur in ifs charges. 10. A-1 Able Towing has violated Section 361.05 (3), which requires storage lots to be staffed with continuous twenty-four-hour-on-duty service from an office on the premises. Even though the City orally modified that requirement to allow a telephone "presence," the Company did not comply with even the modified requirement. 11. The company did not violate Section 361.08 of the City's Legislative Code requiring a specific description of the towed vehicie having been placed on a form signed by a person authorized fo order fowing, because the City does not have authority to require this for tows which originate outside of the City limits. Similarly, if the tow originates outside fhe Cit�� limi#s, the City may not requife that o�ior to any ±oUS, a po;::,e department be notified. However, once the vehicle is towed into ihe City limits of the City of St. Paul, the City may require forty-eight (48) hour notice of receiving a towed vehicle to the last listed owner, as required in Section 361.08, which the corr�pany did violate. Based upon the foregoing Conclusions, the Hearing O�cer makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: That the City Council take adverse action against the licenses held by A-1 Able Towing, Inc. for the violations noted above. Dated this 19 day of February 2002. Recorded: Tape Recorded, Two tapes, no transcript. / � , J. ' � '� �'i V ` ��il'�� ALLAN W. KLEIN Hearing O�cer NOTICE Under Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final decision upon each party and the Hearing Officer by first class mail or as otherwise provided by law. MEMORANDUM � 0 . Od-�S l There are a number of findings and conciusions which deserve additional explanation. Is the City's jurisdiction over acts of towing companies which it licenses limited to acts which occur within the City? In this case, a car was towed from an apartment building's parking lot in Vadnais Heights into the licensee's storage lot in St. Paul. Following a complaint, the City charged the towing company with failing to obtain a complete authorization for towing from the apartment manager, and failing to notify the appropriate law enforcement authority prior to towing. In bofh cases, the events complained of occurred within the City of Vadnais Heights. As far as this record discioses, the City of Vadnais Heights does not regulate these activities within its boundaries. As far back as the year 1900, it was an established principle of law that a municipality can not exercise its po!ir.e po�raers beyor,�_its boun�a:��es. Ir th� case o� Citv of Duluth v. Orr the Supreme Court considered a Dufufh ordinance purporting to prohibit the storage of explosives within the corporate boundaries of the City or within a distance of one mile from the corporate boundaries of the City. Defendant was convicted of storing such explosives outside the city limits but within a mile of the municipal boundaries. On appeal, his conviction was reversed. The Minnesota Supreme Court rejected the theory that a City council could exert any authority beyond its authorized territory, stating: 7he general rule, applicable to municipalities as well as to states, is that the power and jurisdiction of the City are confined to its own limits and to its own internai concerns. �� The right given to the people within prescribed territorial limits to adopt a complete municipal code does not warrant the assumption by them of power over territory and people beyond those limits, even though the control of such territory and people wouid be convenient and gratifying to the people within the City. The practical di�culty involved in the assumption by cities of such pov�ier are apparsnt. l�numes�ble cot��ls�ts ir, authari±y w�u!d inevitably follow.� Therefore, the City of St. Paul may not punish A-1 for acts occurring in the City of Vadnais Heights, even though A-1 is licensed by the City of St. Paul. � t5 115 Minn. 267, 132 N.W. 265 (1900). 16 115 Minn. 267 at 270, 132 N.W. 265, at 265. �'7 � OZ.aS\ Whether or not A-1 gave the required 48-hour notice to PVO after PVO's car was towed was fully litigated in conciliation court. A-1 had every incentive, and every opportunity, to present its side of the story with regard to the issue, and yet the referee ruled against it, explicitly stating that he did not find any credible evidence to support A- 1's assertion that the 48 hour notice had been given. In such a circumstance, the City is entitled to rely on the judgment of the conciliation court as proof of the fact that A-1 did not give fhe required notice. The conciliation court exp(icif(y gave fhe parties time fo appeal or remove the case before the judgment became final, but A-1 did not remove or appeai the case, and the judgment did become final. Although conciliation court is less formal than a districf court, its judgments are nonetheless valid for precluding relitigation of the same issue in a subsequent suit on a different cause of action, so long as the parties had a fuil and fair opportunity to litigate the issue in the conciliation court case." But even without relying on the conciliation court judgment, the facts presented in this administrative proceeding also sucj that tFe 4�-i;our notice was noi given. t=VO is a rental company. !t makes its money by renting cars. It has every incentive to promptly retrieve one of its cars when it learns that it is sitting in a towing company's storage lot. The incentives include not only the fact that storage fees are being added every day, but also the fact of lost revenue from not having the car available to rent. It makes no sense for PVO to ignore a 48-hour notice. Nothing in Mr. O'Brien's testimony or demeanor suggested that he would knowingly allow one of his cars to sit in A-1's lot for any period of time once he knew it was there. Thus, the evidence in this administrative record confirms the decision of the conciliation court that A-1 failed to give the required 48-hour notice. "Gollner v. Kram 258 Minn. 8, 102 N.W. 2d 521 (1960) and Mattsen v. Packman, 358 N.W. 2d 48 (Minn. 1984). 10 ��,�51 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 .�_.._,.�.�`.�.+ ��G� � � GJ�I (�.�� , r.� ..-.,.�.� �-Z: ', `,e �..� � i _ e ; l February 19, 2002 Don Luna, City Cierk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. OAH Docket No. 6-6020-14658-3 Dear Mr. Luna: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions, Recommendation and Memorandum in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. The hearing tapes in this matter are being copied and sent to you at a later date. Our file in this matter is now being closed. Sincerely, �'�� , , � �B. ALLAN W. KLEIN Administrative Law Judge Te I e p h o n e: 612/341-76 09 AWK:osb Encl. cc: Virginia D. Palmer Troy Allison Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 aa-a � 6-6020-14658-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAf21NGS FOR THE CITY OF ST. PAUL In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. FINDINGS OF FACT, CONCLUSIONS, RECOMMENDATION AND MEMORANDUM This matter was heard before Administrative Law Judge Allan W. Klein, serving as Hearing Officer fior the St. Paul City Council, on January 29, 2002 at the St. Pauf City Hall. The hearing took less than a day, and the record closed at the end of the hearing. Virginia D. Palmer, Assistant City Attorney, 400 C+ty Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection (LIEP). Troy Allison, a manager of A-1 Able Towing, Inc., 14 E. Acker Street, St. Paul, MIV 55104, appeared on behalf of A-1 Able Towing, Inc. without benefit of counsel. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c-1) of the City's Legislative Code, the City Council wili provide the Licensee an opportunity to present oral or written argument to it before it takes final action. Parties should contact the City Clerk to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should the wreckedtowing licenses held by A-1 Able Towing, Inc. be the subject of adverse action by the City as a result of violations of the legislative code described below? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. For some time prior to January 1, 2001, A-1 Able Towing operated a towing business under license from the City of St. Paul. On January 1, 2001, the business was sold to Randy Gilb. He proceeded to operate the business, apparently unaware that the license was not transferable. In April of 2001, the City discovered that the business had been sold, and during the months of April, May and June, the City demanded that Gilb provide various items needed for licensure, such as proof of insurance, a bond, a power of attorney on the bond, and similar items. Some time in July, Gilb hired Troy Allison to manage the business. One of Allison's tasks was to take care of the licensure problems with the City. On August 17, 2001, Gilb and Allison met with a group of LIEP personnel, and it was agreed that all licensing requirements would be fulfilled by August 21, 2001. By that date, Allison had provided all of the required items to the City. A license was issued effective July 1, 2001.' 2. On or about July 30, 2001, A-1 was called to tow a vehicle from the parking lot at 51 West 7 th Street. The vehicle had been abandoned at the lot. A-1 did tow the vehicle back to A-1's storage lot on East Acker Street. 3. The vehide's registered owner was PVO Auto Rental and Leasing, 1nc. PVO (through U-Save Auto Rental) had rented the car to an individual who abandoned it at the parking lot. 4. The vehicle had been rented until July 13. After a week, on July 20, 2001, PVO reported the missing vehicle to the Ramsey County Sheriff's Office. The renter could not be located, and on August 14, the Sheriff's office issued a warrant for the renter's arrest for theft of vehicle. 5. On August 23, A-1 sent a letter to PVO, indicating that A-1 had the vehicle in storage and PVO had 45 days to claim it. PVO's president, Pat O'Brien, immediately called A-1, spoke with Troy Allison and confiremd that A-1 had the missing car. O'Brien attempted to negotiate for reduced storage charges. A-1 demanded $801.75 before it would return the vehicle. Ultimately, PVO had to pay $901.75 to obtain the vehicle from A-1. 6. O'Brien learned that the City Code required a tow truck licensee to give written notice to the last registered owner of a towed vehicle within 48 hours of towing the vehicle. On August 25, O'Brien wrote to the City, complaining about the fact that he had not received any 48-hour notice and that most of the $801.75 he was being asked to pay consisted of storage fees which had accrued beyond the 48-hour limit. The City informed him that the dispute was a civil matter between A-1 and PVO, so O'Brien brought an action against A-1 in conciliation court. O'Brien claimed that A-1 should return the excess storage charges beyond 48 hours, plus the fost revenue from having the car unavailable for rent. O'Brien and Allison both appeared in conciliation court. O'Brien claimed he never received any 48-hour notice. Allison, on the other hand, stated that mailing a 48-hour notice was a routine part of A-1's operations, and that such a notice was mailed in this case. The conciliation court referee found in favor of PVO, awarding it $650.00 plus fees. In a brief inemorandum, the referee stated: "Lost revenue claimed disallowed as speculative. Damages are for extra storage days plaintiff was charged which would not have ' Ex. 1. Z Ex. 11. 2 incurred if a notice was sent by 8/2/01. I find no credible evidence that the 48-hour notice was given." The judgment was entered on December 3, but stayed until December 26 to allow time for appeal. There was no appeal. A-1 has never paid PVO any of the monies which the Court awarded to PVO. 7. On Sunday, October 21, 2001, in the early morning, A-1 towed a car from the residents' parking lot at the Highcrest Apartments located at 1051 County Road D in the City of Vadnais Heights. The driver of the car heard his alarm sound, and came out of the apartment building to see what was happening. He saw his car being towed away by a tow truck. He was unable to stop the truck before it left the parking lot, and so he went back into the building, spoke with a tenant and the manager, and obtained two telephone numbers for the towing company that served the building. The car was being operated by Anthony Smith, but was actually owned by his father. Anthony Smith called one of the numbers and reached the tow truck operator who was still in the process of towing Smith's car to the company's lot in St. Paul. Smith asked the operator to bring his car back to the apartment building, but the operator refused to, stating that he had already crossed the city limits into St. Paul, and would not turn back. He told Smith that Smith would have to get the car from the A-1 lot, but he did not tell Smith where it was located. Smith then called the Ramsey County Sheriff's Department to explain why he thought his car should not have been towed, and a deputy sheriff came out the apartment building. The deputy offered to give Smith a ride to the tow company's lot, but when both Smith and the deputy separately attempted to contact the driver or the company, they got no answer using both telephone numbers. The deputy did obtain the address of the company, and give Smith a ride home. When Smith got home, at approximately 2:30 or 3:00 in the morning, he attempted to cafl both of the numbers he had, but he received no answer at either number. 8. The next morning (Sunday morning) Smith called both numbers that he had at least three times between 930 and 11:30 in the morning. He got no answer. Around 12:00 noon, he got a ride to the company's lot on Acker Street. There was no company employee present, but there were several other "customers" attempting to retrieve their cars. Smith had his cell phone with him, and he attempted again to call both numbers, but got no answer at either number. The ofifice was not open. Smith observed that his car was parked between the street and a fenced-in area, so he just used a spare key, got in the car, and drove it home. 9. The next day, which would have been Monday, October 23` Smith was stopped by police. The police indicated that the car had been reported as stolen. Smith explained the situation, and the police o�cer indicated that it sounded like a civil matter between the towing company and Smith. The police officer did call A-1, and they came 3 The Administrative Law Judge is intentionally avoiding the issue of whether or not it was proper for A-1 to tow the car. That is not a basis for the City's licensing action against the company, and there was a suggestion during this hearing that there might be civil litigation brought by Smith against the company regarding the propriery of the tow. The Administrative Law Judge did not take sufficient evidence to form any opinion on the propriety of the tow, and has no position on that issue. 3 and towed the car a second time. Later that morning, Smith called his attorney, Jamie R. Pierce. Pierce calfed A-1 and spoke to an employee identified as ",foe." Pierce asked about Smith's car, and how much it would cost to get it out. Joe told Pierce that he did not have that information, and that Pierce should call the next morning and get the information from a manager named Troy. The next day, Tuesday, October 23, Pierce did call and spoke with Troy [Troy Allison] around 10:00 in the morning. Allison said he did not have the information about Smith's car or how much it would cost to get it released, but that he would call Pierce back later on in the day. At approximately 5:45 p.m., Allison did call Pierce back and informed him that it would cost $631.00 to retrieve the car if it were picked up by midnight. It would cost an additional $100.00 per day until it was picked up. 10. On Tuesday, October 23, Pierce contacted Kristina Schweinler, a senior licensing inspector with the City. Pierce had reviewed the City's legislative code, and he came to the opinion that the company was in violation of a number of provisions. Pierce wrote Schweinler outlining his opinions and seeking her assistance 4 The next day, October 24, Pierce sent Schweinler a second letter, complaining about the ordinance violations and the high cost of getting the car released. 11. Smith had difficulty raising the money needed to get the car, and it was not until Thursday, October 24, that he was able to pay the $831.75 demanded for the release ofi the car. 12. Approximately a week later, on Friday, November 2, Richard Jents, a City License Inspector, went to the company's office on Acker Street to gather information concerning the complaints which Pierce had made concerning the company's towing of Smith's car. When Jents got to the office, he found it closed and there was no employee around. An employee from a neighboring business told Jents that the neighbor believed he had seen "Troy" earlier that morning, but he and Jents looked around the company's property and were unable to locate anyone. This visit took place between 11:45 a.m. and 12:15 p.m. 13. On Monday, November 5, Jents telephoned the company and a woman answered. She gave Jents another telephone number to call and Jents reached Troy Allison. Jents told Allison what he wanted, and Allison agreed to meet Jents at the company's office. Allison was not at the office when he got Jents' call, and it is unknown whether the woman who answered the company's telephone was physically located at the office or not. Jents did meet Allison at the office, and Allison provided Jents with the documentation he wanted. 14. Among the documentation collected by Jents was a rate sheet entitled "A- 1/Able Service Rates" and "Impounding Rates."� This sheet sets forth rates for a variety of services but, at the bottom, announces the following: ' Ex. 5. 5 Ex. 6. 6 Ex. 4. � "All rates are quoted as minimum prices and subject to tax fees (sic) when applicable. Rates are subject to change." In addition to the rate sheet, Jents collected two invoices. One was the invoice for the original tow in the early morning hours of Sunday, October 21' and the other was the invoice for the second tow on Monday, October 22. The first invoice indicates a storage fee of $25.00 per day for two days ($50.00), a tow fee of $125.00, an administration fee of $18.00 and tax of $8.75, for a total of $201.75. Presumably that is the amount that Smith would have had to pay if he had paid to retrieve his car before midnight on Monday, October 22. The second invoice is not fully filled out, but it appears that Smith was charged $125.00 for the first tow, $176.75 for the second tow, $400.00 for four days of storage at $100.00 per day, a"police report" fee of $100.00 and a"chain" fee for $30.00, for a total of $831.75. There is nothing on the company's rate sheet which indicates a storage fee of anything more than $25.00 per day, nor is there anything that would allow charges for a"police report" or a"chain." 15. At the time that Gilb and Allison met with personnel from the City's LIEP office on August 17, they explained that A-1 was a small operation, and thus it would not be economical for A-1 to have a person at the storage lot 24 hours per day, seven days per week. They told the LIEP personnel, including Christine Rozek, LIEP's Deputy Director, that someone would always answer the telephone, but it might be a driver, a neighbor, or any of a number of people who would answer, and they would not necessarily be on premises when they did answer calls. Rozek replied "that's no problem so long as it doesn't become a problem." And that is how A-1 has operated. It has four drivers, a manager (Troy Allison) and a secretary. The "on call" responsibility for answering telephones is theoretically rotated among these people, so that, in theory, there is always somebody to answer the telephone. But the evidence shows that regardless of what the theory is, in practice it does not work. On the night that Smith's car was towed, neither he nor the deputy sheriff could get an answer. The next day, a Sunday, the phone was not answered when Smith called several times between 9:30 in the morning and noon. 16. On November 7, 2001, the City issued a Notice of Violation to A-1 Towing 9 The notice charged the company with a number of viofations arising out of the Smith towing incidents of October, 2001. The notice indicated the company had the right to a hearing, and gave the company until November 19 to decide whether or not to exercise that right. The company did not receive the notice, and thus it did not respond. The matter was scheduled before the City Council for December 19, and the company was notified of its opportunity to appear before the Council. The company received that letter. 17. On December 12, Allison sent a letter to Virginia Palmer, the Assistant City Attorney handling the matter, indicating that he did not receive the December 10 ' Ex. 3b. 8 Ex. 3c. 9 Ex. 7. E fetter schedufing the matter before the City Councii on December 19, and would like the opportunity to defend the company against all complaints.� 18. On December 18, 2001, the City issued a Notice of Hearing, setting the matter on for hearing on January 23, 2002 in St. Paul. The Notice cited the Smith towing incident of October, 2001 and the 24-hour on-duty issue which arose out of that incident." 19. On January 15, the hearing date was continued to January 29 because of the unavailability of a City witness. 20. On January 18, 2002, the City issued an amended Notice of tiearin� adding the complaint from PVO/U-Save Auto Rental relating to the July, 2001 incident. 3 21. The hearing did go fonr✓ard on July 29, and both towing incidents were litigated. There was no objection from the company regarding the scope of the hearing or any of the procedures used. 22. The LIEP office recommends that the company's licenses to operate be suspended for a period of 10 days, but that such suspension should be stayed for a period of 18 months so long as there are no repeat or similar offenses. In addition, LIEP recommends a find of $1,000.00." Based upon the foregoing Findings of Fact, the Hearing Officer makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code §§ 310.05, 310.06 and 361.18. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. Section 361.05 of the City's Legislative Code provides that applications for a wrecker or tow truck service vehicle shall contain: (2) A record and establishment of reasonable fixed towing and fiixed drop charges, which fixed charges shall be on fife with � Ex. 8. " Ex. 9. 72 Ex. 12. " Ex. 13. 14 Test. of Kristina Schweinler. a the license inspector's office, which office is to be notified immediately in writing as changes occur therein in such rate. 5. as follows: 6. as follows: 7. as follows: (3) A statement that there will be a storage lot or lots at which will be maintained continuous twenty-four-hour-on-duty service from an office on the premises for the release of motor vehicles, together with the exact location of such lot or lots, with changes to be made known to the Office of License, Inspections and Environmental Protection immediately in writing. Section 362.08 of the City's Legislative Code provides, in pertinent part, "Every wrecker or tow truck motor vehicle licensee shall, within forty-eight (48) hours of receiving a towed vehicle, give written notice to the last listed owner according to the motor vehicle registration records of the location of the towed vehicle." Section 361.12 of the City's Legislative Code provides, in pertinent part, "All licensees shall...tow the vehicle directly to a twenty-four-hour on-duty storage lot owned or operated by such licensee..." "Section 361.18 of the City's Legislative Code provides, in pertinent part, "Any license under this chapter may be denied, suspended, revoked or renewal refused for any one (1) or more of the following causes: (4) Failure to pay or make arrangements to pay within ninety (90) days any final judgment arising out of the ownership, use or operation of a licensed vehicle; (5) Failure to comply with any provision of this chapter." 8. Section 310.06 of the City's Legislative Code permits the City Council to take adverse action against a license if ... (5) The licensee or applicant has failed to comply with any conditions set forth in the license, or set forth in the resolution granting or renewing the license. (6) (a) the Licensee or applicant...has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity... 7 9. A-1 Able Towing, Inc. has violated Section 361.05 by failing to establish fixed towing and fixed drop charges; the company has also failed to follow its schedule of fixed charges; and, the company has failed to notify the office of LIEP as changes occur in its charges. 10. A-1 Able Towing has violated Section 361.05 (3), which requires storage lots to be staffed with continuous twenty-four-hour-on-duty service from an office on the premises. Even though the City orally modified that requirement to allow a telephone "presence," the Company did not comply with even the modified requirement. 11. The company did not violate Section 361.08 of the City's Legislative Code requiring a specific description of the towed vehicle having been placed on a form signed by a person authorized to order towing, because the City does not have authority to require this for tows which originate outside of the City limits. Similarly, if the tow originates outside the City limits, the City may not require that prior to any tow, a police department be notified. However, once the vehicle is towed into the City limits of the City of St. Paul, the City may require forty-eight (48) hour notice of receiving a towed vehicle to the last listed owner, as required in Section 361.08, which the company did violate. Based upon the foregoing Conclusions, the Hearing Officer makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: That the City Council take adverse action against the licenses held by A-1 Able Towing, Inc. for the violations noted above. Dated this 19 day of February 2002. _ , a�-� G�� -�- ALLAN W. KLEIN Recorded: Tape Recorded, Two tapes, no transcript. Hearing Officer NOTICE Under Minn. Stat. § 14.62, subd. 1, the City is requested to seroe its final decision upon each party and the Hearing Officer by first class mail or as otherwise provided by Iaw. MEMORANDUM � There are a number of findings and conclusions which deserve additional explanation. Is the City's jurisdiction over acts of towing companies which it licenses limited to acts which occur within the City? ln this case, a car was towed from an apartment building's parking lot in Vadnais Heights into the licensee's storage lot in St. Paul. Following a complaint, the City charged the towing company with failing to obtain a complete authorization for towing firom the apartment manager, and failing to notify the appropriate law enforcement authority prior to towing. In both cases, the events complained of occurred within the City of Vadnais Heights. As far as this record discloses, the City of Vadnais Heights does not regulate these activities within its boundaries. As far back as the year 1900, it was an estabiished principle of law that a municipality can not exercise its police powers beyond its boundaries. In the case of Citv of Duluth v. Orr the Supreme Court considered a Duluth ordinance purporting to prohibit the storage of explosives within the corporate boundaries of the City or within a distance of one mile from the corporate boundaries of the City. Defendant was convicted of storing such explosives outside the city limits but within a mile of the municipal boundaries. On appeal, his conviction was reversed. The Minnesota Supreme Court rejected the theory that a City council could exert any authority beyond its authorized territory, stating: The general rule, applicable to municipalities as well as to states, is that the power and jurisdiction of the City are confined to its own {imits and to its own internal concerns. �� The right given to the people within prescribed territorial limits to adopt a complete municipal code does not warrant the assumption by them of power over territory and people beyond those limits, even though the control of such territory and people would be convenient and gratifying to the people within the City. The practical difficulty invofved in the assumption by cities of such power are apparent. Innumerable conflicts in authority would inevitably follow. Therefore, the City of St. Paul may not punish A-1 for acts occurring in the City of Vadnais Heights, even though A-1 is licensed by the City of St. Paul. � 15 115 Minn. 267, 132 N.W. 265 (1900). 16 115 Minn. 267 at 270, 132 N.W. 265, at 265. F:] Whether or not A-1 gave the required 4&hour notice to PVO after PVO's car was towed was fully litigated in conciliation court. A-1 had every incentive, and every opportunity, to present its side of the story with regard to the issue, and yet the referee ruled against it, explicitly stating that he did not find any credibie evidence to support A- 1's assertion that the 48 hour notice had been given. In such a circumstance, the City is entitled to rely on the judgment of the conciliation court as proof of the fact that A-1 did not give the required notice. The conciliation court explicitly gave the parties time to appeal or remove the case before the judgment became final, but A-1 did not remove or appeal the case, and the judgment did become final. Although conciliation court is less formal than a district court, its judgments are nonetheless valid for precluding relitigation of the same issue in a subsequent suit on a different cause of action, so long as the parties had a full and fair opportunity to litigate the issue in the conciliation court case.�� But even without relying on the conciliation court judgment, the facts presented in this administrative proceeding also suggest that the 48-hour notice was not given. PVO is a rental company. It makes its money by renting cars. It has every incentive to promptly retrieve one of its cars when it learns that it is sitting in a towing company's storage lot. The incentives include not only the fact that storage fees are being added every day, but also the fact of lost revenue from not having the car available to rent. It makes no sense for PVO to ignore a 48-hour notice. Nothing in Mr. O'Brien's testimony or demeanor suggested that he would knowingly allow one of his cars to sit in A-1's lot for any period of time once he knew it was there. Thus, the evidence in this administrative record confirms the decision of the conciliation court that A-1 failed to give the required 48-hour notice. "Goliner v. Kram. 258 Minn. 8, 102 N.W. 2d 521 (1960) and Mattsen v. Packman, 358 N.W. 2d 48 (Minn. 1984). 10 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS; MN 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the Tow OAH Docket No. 6-6020-14658-3 Truck/Wrecker License Held by A-1 Able Towing, fnc., d/b/a A-1 Able Towing, Inc. Mary Osborn, certifies that on the 19th day of February, 2�02, she served a true and correct copy of the attached Findings of Fact, Conclusions, Recommendation and Memorandum; by placing it in the United States mail with postage prepaid, addressed to the fiollowing individuals: Don Luna, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Virginia D. Pa{mer Assistant City Attorney 400 City Hall 15 West Kelfogg Boufevard St. Paul, Minnesota 55102 Troy Allison A-1 Able Towing, Inc. 14 East Acker Street St. Paul. Minnesota 55104 �a�a�l d � 0 x O W 0 N O < y O m �J N R J O a � 0 r O C 6/ Q.' C O Y { G w C w c d u J � m � c m � � � �a N > V U J a N U .0 > N Y N � N T � F" s N ` U ~ J p F-� 0 O i N � M 4 � � � Z c ° o U p � J N � l6 � w F- N � N � a Q U � Q � V � � � U z � Z N � R O z w Cf] Q O� Q U Z � z N O m F- Z W oQ R a Q U C � O U U N �o d m 0 a W c� y o C O — N O r O N a � � Z U O a o , U M C N m r- � U c Q d E m Z c � d �� O' U a U W � � �� U N � _ Q N 9 � 3 Z m � O O d s� � o N N N � G � m � � � F � 7 ui W m � � � �U � � � � .� 0 h� �.__ �o� H ��o ��z ��,� � � d � �� t� � d CJ u� �~ m a A H _, S 1 N N � Q O 0 O � N N � N �.�'+ E t � U C G O C 3 p'6 y y S. N Z— C O = c�J U N �` U�N�"'NN N.�— �Q� N�y� J� CO -3�� °� � �` � � � ` oo°�" � a�3 m�=�o �� po $m �� o�o � � c �° 3`°o� � � Q o m m a �� L� �"6 S j d a. N'�'" � E V C O'6 C (6 C O U� � N N ' C V+' N V �� i �>c��-o�' " �° Q��v,� S� °� 3° `a i N� N� '6 C I� C— Y Q(n "' p vl � S N Q1 � C N @ �N O O�n N R � y'D 0... O c� o.� � Q i c o"� o � a � i o ° a`�i � Q o m� S -° o aQ a� m �� U p � L C w C O n F (p >. � U N O U J N N N [ ''��m > s � c�O� a -°- >.� "CC a � N C L 7� � a o �� N �� W �� N�� C Q �� N O � lQ w � U � N o � �Q1 J � N f17 �'6 N� _ o"��tnc ��o t� oo¢ c� c ��o_�oEa �c �� wa�i a o�� o c aa � N. c ro�� U d�a� y rn m� = � ` >��E3m �v �L��EEm�c°' ma� "' o"a�o.�°s� a� .c��°�c p� a Q.L Vj O ' � t� �3 � N c- „"' a. h j@ J ��°�m o-0 3� c � i a c i .D �o a� ��a ��E� m o a � w �� U L� tn O � C�?. N t4 — O= Q O Z �p��c�°�Y �� ER i � 0 O_ s.. �' '� o w�� y�O U O 6(p O ��° o c�i o�� ° o � o 0 o V c r O D U N�� d' �(V N U 1� ' j � O O N � N OJ ~ N r O O N N U L U W � W � 7 W` � f6 1�. N c0 ��(O �� c0 O U�C .- c> �n_ � o0 00� ooQ �-�o rno E roo �°o�_c Q� � oatoc m y y �.�t�c � � � n»�e n� m `+ rn < ��fl.n`� n�r 'a o oaoc � N N �� O C O - -' - < ni --I — O N p' S 7 � 3 ( fl. _ O m � O . � � � C � n t m m�� c� O f � mm <� ; �, @ m - � � C V 7 S p O'�n ' N 3 � C �^- �p� v �� l.c v �� i N Q O N� C v I cj � (D, : c 6p � 3 ai K �' . n � N � 91 "O � C 3 � � ! O j!„ `� t s ��o s Q y W A � -,�' 0 m ; s � W O 0 s r � � A M Q 1 3 m 0 � A e a 0 � �o m � W N O -n A n � o rn°�, rn�� rn m° m` � D a°� v c o°� � m m o� � m � V��ND N N dNN N N�N� ��.N � o o� -�o�_o� o �� ova ono� � �,� o �7 D� O Q 3 O�� O� OO �p O C ODO � N � 0 3 O � �D �. � � �'rEm �� a� �'ci m m v� °- Op y=o w� �� 30 �Q��o � o m�1� ci a�m Q� m oc� � c < �-O N� � � ° � vi� �� r7,3 y�� Y fl a' ° m� ai m o Saa=' 3� cp 3 p p O m � o �, m� c❑'3��d��3� mv, y i N= .(D tQ p �. � n C" (� N 7 T C N�"O C� C N O �� .�.. 7'6 � b C 0 - � p� N O z"O d ? �o ` �� D o � ��,� °'�6 mm m��c�� 3 ? ��-o � m3 0�o v a � � �n � �o � m � ,� "'v "a� o < mcmo 3 " mr�o �'� �o m ci�y � a� o .�m��C)��. m._.a o� �' �x vaD m o = Na Q. �°' 9 �� N �� o om � y? ��0 n �, � �-^ Cna � v�, ci n D �cQ °' �. a�� m m N O � < � � ^ [j � CD � � � � �+ n � p �� N � `G � � N ' � � � n. SU O' 3 (O Q U j �l O � � (D � n � � � � � � p � N � N tn q N 7 v� O N (D 2� 41 � 3 v g o O c i o m m � m � y m a o 8 � ' ` '"' m °- m � n � F — �� n �= o �DZ �� y Sno c°'y m m o � N oy ° o o =y v � 3'� m °m o 3 N O " a� D � D . � 1 W m n 0 � c�i N � A x � � � W � � N � � � N y � A � A � O � � � Z c a m � � � � m � m n 0 3 v � Z N � m � N C v � 0 N � O 0 Z C a � 5 N m D O m m 0 s i � n C � � D � f� m� O� � � Z � Z n D � O � D m Z � � Z � Z n C�Jt A v n Q m °- � N � y --I m �� m a N r . o � ° o m ' r � � N � � w � N 0 0 � 0 � r N -- > � � � � (D � n y � 'O m v � r = n N 3 � � � � a v � C � y r n e� N � �. 0 3 a: O 3 A � 0 ` � ° r � N n � O � W N � � m p' x � � m m Page 1 of 1 Ginger Palmer - A-1 Towing 14 E Ack ��' �� From: Richard 7ents To: Rozek, Cluistine Date: 11/5/2001 9:53 AM Subject: A-1 Towing 14 E Acker On 11YL/Ot at approx. 11:45 am 1 attempted to contact the manager(owner of A-1 to get some info on a complaint tha[ was made. The door to the business was locked, I pounded on the door and received no response.I then asked a man that appeared to be working azound the area ifanyone wu around for the towing business, he stated that he thougtrt that he Uad seen "Troy" and took me m a lot west of ehe Tow office. Troy or anyone azsociated with bu5iness was not available. I then lefr the area. Aich J In Re Licenses held by A-1 Able Towing, — Inc. d!b!a A-1 Able Towing — City's Exh. No. 2 file://C:\WTNDOWS\TEMP\GW}00002.HTM 11/6/2001 ..: ��. � ; �s.�;.:. - 24 Iic � 4 ��0� � ��.,_ -. ,-��_ �,- TO TOW manager, or authorized give A-1 to tow an<3�ungound � J .�l. .. I� a`T -' �. a. ... ;es°_not need=my-siguatvre �t�.t�e kegt on f�e:a�ic1 indic the date of � �'�m�- ��:b.� ,,_. ,. V. � ` 3 �� $' .Y . - 3 �.L._... . . . � r. . �.�.. vehicles from This property. as my signature on this Having the authority to I request that A-1 �g vehicles for the following �.:i1C.>uX5 � � �� t `�.rv. I ba-� *��,�, ��, � adequately notify their ,-1 requests t6at every �tg of a uew permit system '�t{lvv �9v �p tA��aePf� �f1T' w —r Date �6 �_ hone � ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 3w � � i � � ! l'j � � � :J � � / { ��W� f � I � i � � J �� ' � ^'� ti �/�� V I I 1 � j; � r �, ��!. o ' -�- �; I l j�. F? w ��,� Q � _. ❑ M- � ._. _L... _. , I � ' � � i �� ( i 1 � � ' I L � ' I � ; ! �� I � � _.C_..__L..-« � � y I Y: � I ti� I � ni i i 7� f, � I Q ,� � � n �! � I �I ' '�F � i ; ; I i i � � 1 f I � �' LL i F� i j�` � i � ' O! I � I � ; s ' �I � � !ni i � I t . � �: ; ' � i jt oa� � iu�i '; ±oi�l i� i x d ` i N O \\ { � � F ¢ I � I t�� a N 1 �'( . � � , ; �. m .� j � ! � 1 ,,,, ;.0 � '�� {'� � � I � f ( � ' ,� i ; i (+� i � i ■� �i1 uri �:� �� iv, �: . � � i i ` i i m t0 � q n+ T.; j f ? � i � � I c ., .'" (uiit�� r. # i i I i�� i � o � i� �, cni :,� "�„_>� �-j r m � ' ' �, � t ,i.-�� ir; x � w I � p`n in �;! �� ' d'�t ol � iu ui v �� :�-;°� • =f:1�' i m �slnla n_ � it � � r�� -�' �I o � o� � ' � � ; ,jo .� � j � �5� o i oi �. �i7j �� ""' i ' �� - � "' N �� lil �_ 1 I ry�_(-W 4 ! 1 � � 2 � .�. � t.l i� U I 4. ' z ' i.V � I � i(�i i � S <!) , ((] � , �Wi �`�.�I �� i Q� , 5 ? s �s .� < ¢ � � lo' C 3! � � 'c.:� O �I ! I � �� j i Zi �t � �{ i ',n, t . � � � o � . , � I.y� i ' . � F I �:� �"� . ' ' i � � � i . : (�'� �� I � '_'1 . ,: � .. y� '� `�, � � � i I , ' i . , / �j � ( i � j � � �� , � i;e' +�ry Z � �� I � � � i W , I � � � , ` y}: p � #'�� i ti � i � ' \� , � ��:� � t � �i `l� I i � .I : l e � . .'+ �,.1 � i � � �!Q t �� C i �, i J i �I ,� u � , � Z .�1= U i I ' Y W I � ' � r � � I U C7 I C7 ui tZ fL i � o.. ��}`j,i F � yr I a i i ¢ Q � _ _ , _ �. Q Cl t UJ � �� n m� �i Z v O Q z <t tt �-� I `��7�ai'>I'l '<`n�o ..� _ �1--_� _ 1 ; t I ; � i� I � r � � X I___ W I W� � LL. ; wI ¢ � � i ¢ W > ¢ 0 r_" .. I � � s v m y a G � c r � q � � i 1�- i � � � I `vi N i ��j� z`�io �w��w iQ ',:� � � w � � I E- � �� ' � ' ' 'r� ' ��,� � ; j :,; s tYi i � I +- ` f. i � � j ! `� � (`�`� ! s � j �� !� � j � ; ; ; j'�.1'�-: � I � ; � ; ; I I ! ' � i � � �__ ! .1.� � � ,` I I p � 1 I r ' �: IF I ! � . - . 1 ; i�� Ia.- I ; Li � , z E . i � � I �!: �i� i � ,,; ; i , w� � i f �, � ' t I 1 i � (l11! 1 � : � {ii � , �, • t ' i6�.� � : i =_ � � { f. � a � � I � � �' �!'� uJ � ; } 'I � '�� ,"�' ` i.r � f i � � � ��I � � ri ';�;''� i �' � lilil �I . �n � ' \� �, i L ' �y�i i , � a I I u�� "�� '�� t9^�� I � i �� i ' I � — ^�� 1 I � u_I }�,^'� \ .� ! � � � �.� i, a �— � V� � ,(ll J �� 1� fi i i � O� '�Q ¢ ! �, i �� ' E I n ~ � --I �"� � i i ��C;� 1 �`':�'t,.� j � :' i i 7 i` ;;^• � � , � �'J� C , � �� l t m v <\ � 0 O N � � W 01 V LV � 0� yn � j � � � � �f�j o �:�. � C M {' m M r ��°� V,} � � tt] � z Z � �� G9 � 3 c R} �, a S � � it�i� E! I � ' ;':l � : ; : � ; ��7 i , 'V g � � <_ F ., � ,�� 4 � �' � � � `� Ul � � Z.i.�y. I � � i i I �;�\ i�� ;y�� I i ' ! s i� ,,; � J f I i i � � �� I i �p �:, . w ¢ ! ��'�.,i I� � �� " ": > a r L �� G � IU �� 7_ Q U> I � O i:-, � __.._;.. C 0 ¢� w� Q f,�) t�f r � Z� � oi 1 ai � i ¢ �i � �i Q � � D C� W �I �i QI _ � �, 1 Q I � ( lL 0 M I Q� �� I�� j °� '' ; i 1 ' 4 � i i � � �f i , j�I i'�I ' � �i j � � � .� I �� I ° I � Z , wl w a C7 I. x Z, U O �'' '>� ri u�i ol J F 0 a Y � �, � ¢ x� � w t � W > �i a Q 2� ti z . 03 :� s �Oz w ` ` h' - Z a �n ¢ � . 1-U � wz� a�o ../� Q�Z '� Y�Q � O¢W j�m �mw z�� w�< p�yU h� a`�w wg� N(J� ¢6Y pW2 rx¢ �� a � � OLL w a�x �w� w ��w �<¢ �QO \ rzw �oa ; � � � _ .� a � �� a� a e O S ��r�c �� f ooa 15� � A -i / Able Service Rates • Service CaIl • Wrecker • Flatbed • Storage Fees 55.00-- 65.00 hook - up / 3.00 per mile 75.00 hook-up / 3.00 per mile 25.00 per day Impounding Rates . Tow � • Aministration Fee • Storage • Drop Fee 125.00 : 11 25_OQ �I�IZ1: � All rates are quoted at minimum prices and subject to tax fees when applicable. Rates are subject to chang� In Re Licenses heid by A-1 Able Towing, — Inc. d/b/a A-1 Able Towfng — City's Exh. No. 4 Oct• 23 �1 O1: 12p �, _ . �.t Robert R. Pwsumb 651-848-0�11 � R,A.AWSUMB & ASSOCUITES, PLC ATTORNEY� AT LAW 2010 LAND1iARK TOSVERS 345 $AINT PECER STREEf ST. PAUL, MN SSt02 PHONE: 651-225-9255 TOLL FREE:88&225-9566 FAX: 65tS98-0011 nawsumbCmediazecom wuwv.raawsumb.com Octobcr 23, 2001 City of Saint Paul Attn.: Krisrina Schweinler Senior LicenseInspcctor Re: A -1 Towing Dear Ms. Schweinler: VIA FAX 651266 9124 It was a plcasure speaking with you on the telephone today. I have since spoken with my client and have a more complete version of what occurred. As I explained, in the early-morrung hours, approximately 2:00 a.m., of October 21, 2001, my client Anthony Smith had his 1995 Ford Mustang towed by A-1 Towing from a private aparhnenf-building pazking lot located at 1051 County Rd. D. My client had petmission from a tenant who had pernussion to use two parking spaces in the lof. vIy client called 911 to report his car stolen and was sent to various agencies before being sent to what he believes was the Ramsey County Sheziff Department. No person with whom my client spoke had any idea that the car was towed. I have spoken with "Joe" an employee of A-1 Towing as we11 as its manager, "Troy: ' I was told that the car was towed pursuant to a contract with the owner of the aparhnent building and that the person who called in the caz to be towed was actually a dnver for A-I who happened to live in the building. In fact, my ciient spoke another tenant who toid him that the A-1 employee who li�ed there acivally towed the vehicle. I was also told that at that rime of evening they cannot call the St. Paul Police and have to call Ramsey County. It appears to me that whaf A-1 Towing did tttat evening did not comply with St. Paul Ordinance Sec. 361.08. First, they maintain a Iot in St, Paul and are therefore subject to the ordinance. Sec. 361.08 requires that before towing the tow-truck operator must be in possession of a printed order form signed by the person authorizing the tow and wifh a description of the vehicle to be towed. Tt also requires that prior to towing the tow-truck operator must call the "auto desk of the police depamnent, giving the license number and description of t�te vehicie" etc. P-� h �� ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing City's E�. No. 5 0 ❑c� 23 ❑1 01:12p �,', . �� ,. ►- . „ J Robert R. Awsumb 651-848-0011 First, it appears that the tow-truck operafor did not call the police or Ramsey County before towing the vehicle because when my client called to report it stolen, he would have been told it had been towed. Second, it does not seem proper that A-1 can sunply tow a vehicle that is parked in a lot without a pernrit unless the owner of the property, or its agen� calls it in. Even if they have order forms which are pre-signed, the ordinance requires that the signing pariy must sign to authorize the removal of a particular vehicle, which is impossible to do until they actually laiow which vehicle is to be towed. Finally, the fact that an A-1 employcc called in the tow and then actually towed it, without ever having spoken with the owner or manager of the properiy, appears to be a clear violation of Sec. 361.08. T'he vehicle is in A-1's lot, apparently with some damage, and they are demanding several hundred dollars for its release. Thank you £or your attention to this matter. If you need any further information, please do not hesitate to contact our office. Very truly yours, R. A. AWSUMB & ASSOCIATES, PLC Ja ' .Pierce l� p.3 Cc: Anthony Smith Oct ?a �i �5:37p Rohert A. Rwsumb 651-848-0011 R.A.AWSUMB & ASSOCTATES, PLC ATTORNEYS AT LAW 20t0 [.AR'DMARK TOWFRS 345 SA[M PETER S'IREEf ST. PAUL, MN 55702 PHONE: 651-Z25-9255 TOLL FREE: 888-225-9566 FAX: 651-848-0O1 l rdawsumbCmediate.com www.raawsumb.rnm October 23, 2001 City of Saint Paul Attn.: Krisrina Schweinler Senior Lieense Inspector Re: A -I Tawing Dear Ms. Schweinler: P-2 VIA FAX 651266 9124 p C�-+ �� Z C d✓ OCT 3 0 2�7C� �;�TY FiTTORNEY It was a pleasure speaking with you an the telephone today. I am very pleased that the City is talang steps to recrify this disturbing situafion. I do have more facts regarding my clienYs situation. My client told me that he hied to contact A-1 on Sunday and no one was available to talk to him about his car. When i cailed on Monday, I spoke to "Joe" who was unable to give me the total amount they claimed was due from my client and told me that I could get that information on Tuesday moming from "IYoy," the manager. I left a message for Troy on Tuesday morning and he called me back and told me that he would get me the amount that afternoon. Troy called back at approximately 5:45 p.m last night. and told me that my client owed $63I.75 and that if it wasn't paid by midnight, it would increase by $100.00 per day. They claim my client "stole" his caz out of their ]ot by "cuffing the chains," apparently on their gate. My client vehemenfly denies cutting any chains and tells me that the car was not in the lot but instead was left unlocked outside the Iot Regardiess, Troy told me that the $100.00 per day was for "indoor storage." I am frankly shocked that fhey would chxrge $100.00 per day as it makes it aL•nost impossible for people of limited financial means to recIaim their vehicles. I also believe that since my client could not get the car on Sunday, and on Monday they could not give me the amount they claimed was due, how can they charge storage for those days? FinaIly, �631.75 seems outrageously high for a tow charge. Thank you again for your attention to this matter. If you aeed any fi:rther information, please do not hesitate to contact our office. ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing —, CiTy's Exh. No. 6 Oct �4 ❑1 �5:37p Ro6ert A. Fwsumb 651-848-0011 p.3 Very huly yours, R. A. AWSUMB & ASSOCIATES, PLC � �e R. Pierce ...�� Cc: Anthony Smith L , � _ � OFFIC� THE CITY ATTORNEY Clnytors birssors, Jr., Ciry Anorney CITY OF SAINT PAUL Norm Colemnn, Mayor November 7, 2001 Owner/Manager A-1 Towing 14 E. Acker Street Saint Paul, Minnesota 55104 Civil Division 400 Ciry Hal1 I S Wut Ke[[ogg Blvd. SairstPnul, Minnesora SS/0? NOTICE OF VIOLATION Telephone: 657 266-87/0 Facsimile: 65! 298-56l9 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 Deaz Sir/Nladam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the wrecker/towing license held by A-1 Able Towing for the premises located at 14 E. Acker Street. The basis for the recommendation is as follows: The Office of LIEP received a complaint on October 23, 2001 related to a tow done by A-1 Able Towing from a parking lot of an apartment building in Roseville which occurred on or about October 21, 2001. The tow was authorized by a pre-signed authorization form which faiis to list all of the information required by Saint Paul Legislative Code §361.08. A vehicle was towed to the Saint Paul lot by A-1 Towing, and then after the car was removed by its owner, it was towed a second time. The person whose vehicle was towed alleges that he was unable to reach anyone at A-1 on Sunday, October 21, 2001 to obtain his car, and that after calling a number of police and law enforcement agencies in the area none of them was aware that his car had been towed. These are violations of Saint Paul Legislative Code §361.08, which requires the tow company to notify the auto desk of the police department immediately upon receiving a towed vehicle, and Saint Paul Legislative Code §361.05(3) which requires twenty-four-hour-on-duTy service for release of motor vehicles. � � In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 7 ' r �Page 2 • A-1 Towing November 7, 2001 � In an effort to investigate the details of this incident, a license inspector from LIEP went to 14 E. Acker Street at approximately 11:45 on November 2, 2001, but the business was locked and no one was available. This is also a violation of Saint Paul Legislative Code §361.05(3), requiring 24-hour on duty service from an office on the premises of the storage lot. On or about November 5, 2001, the license inspector went to the business and obtained records relating to the tow, which show numerous unexplained charges, and charges which do not appear to match those listed on the sheet of charges filed with the Office of LIEP. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL7). 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 Hearing," 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, November 19, 2001, 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. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, �/� L� �'`µ�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 .� �... � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICL BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 7, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager A-1 Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unit tates mails at St. Paul, Minnesota. _ _ �-� CLEMENTS Subscribed and sworn to before me this 7th day of November, 2001. Notary P�3ER P. �'Ai�{ N07ti?1" F�'UBt��"�f�NE MY GOPAMISSI EX�'°RES ,4At�. 35 � 2�05 A-1 Towing � � ia �c a�k� s�t Pa,� rar ssii� Phone651-292-0440 Faac 651-2247640 December 12, 2001 Virginia Patmer Office of the City Attorney 400 City Hall and Court House 15 W Kellogg Blvd. St. Paul MN 55102 Deaz Ms. Palmer ��'�� 9 �L1 �-r.= �E� � ( f_��! �1�� /�c��R�� I am sending you this correspondence regarding a letter I received from your office on Monday December 10, 2001. This letter I am referrnig to stated that we were sent a previous letter infornring us of some code violations, and an opportunity to contest them. We never received a previous letter. The only letter received by A-1 Towing was the one informing us of a hearing to be held on Wednesday December 19, 2001. As per our phone conversation, I am notifying you in writing that the first letter was not received. I would greatly appreciate the opportunity to defend A-1 Towing against all complaints or violations. Thank-you for your time regarding this matter. Sincerely, Troy Allison � , _ �fi�--- J _„� � In Re Licenses heid by A-1 Able Towing, — Inc. d1b/a A-1 Able Towing — City's Exh. No. 8 i T u CITY OF SAINT PAUL Norm Colemnrt, Mayor December 18, 2001 NOTICE OF HEARING Troy Allison A-1 Able Towing 14 East Acker Street Saint Paul, Minnesota 55104 OFFI�F THE CITY ATTORNEY Clayton obinson, Jr., Ciry Altorney CivilDivision 400 City Hall I S West KeTlogg Blvd. Saint Paul, Minnuoen 55702 Telephone: 65! 266-87l0 F¢csimile: 657 298-5619 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 Mr. Allison: 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: Wednesday, January 23, 2002 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Kenneth Nickolai Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7640 � In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing City's Earh. No. 9 u � f ° � The Council of the City o�aint Paul has the authority to provide f•hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse acrion 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 hoid at the above premises as follows: The Office of LIEP received a complaint on October 23, 2001 related to a tow done by A-1 Able Towing from a parking lot of an apartment building in Roseville which occurred on or about October 21, 2001. The tow was authorized by a pre-signed authorization form which fails to list all of the information required by Saint Paul Legislative Code §361.08. A vehicle was towed to the Saint Paul lot by A-1 Towing, and then after the car was removed by its owner, it was towed a second time. The person whose vehicle was towed alleges that he was unable to reach anyone at A-1 on Sunday, October 21, 2001 to obtain his car, and that after calling a number of police and law enforcement agencies in the area none of them was aware that his car had been towed. These are violations of Saint Paul Legislative Code §361.08, which requires the tow company to notify the auto desk of the police department immediately upon receiving a towed vehicle, and Saint Paul Legislative Code §361.05(3) which requires twenty-four-hour-on-duty service for release of motor vehicles. In an effort to investigate the details of this incident, a license inspector from LIEP went to 14 E. Acker Street at approximately 11:45 on November 2, 2001, but the business was locked and no one was available. This is also a violation of Saint Paul Legislative Code §361.05(3), requiring 24-hour on duty service from an office on the premises of the storage lot. On or about November 5, 2001, the license inspector went to the business and obtained records relating to the tow, which show numerous unexplained charges, and charges which do not appear to match those listed on the sheet of charges filed with the Office of LIEP. You have the right to be represented by an attorney befare 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. Notice of Hearing - Page 2 � '` The hearing will be condu7ed in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves 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 witnesses or evidence it may wish to present, each of whom the City's attorney 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 proceedin�, 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 arguments 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. 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 hearing, please contact or have your attorney contact the undersigned. If a stipulation oz 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 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 call me at 266-8710. Very truly yours, �� a-P-�.-�. �� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN SSA01 NancyAnderson, Assistant Council Secretary, 310 CityHall Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Notice of Hearing - Page 3 ; .. . � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 18, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 18th day of December, 2001. Notary Publ $s£TCi� P. r?li.'�da:a'Jria"<3 U07h"f?Y£�U3LIC - 518vy�,S6TA R".Y ^C"1'nfiR9;WSEO�i "CX�'��c.SA,� 3Y.'r_''J05 said person) depositing the FROM : ,. _ FqX N0. : 6514866997 Jan. 16 2002 03:09PM P2 U-SAVE AUTORENT�iL Frenchise Locatiorr 2608 Rice St. little Canada, MN 55713 (65'IJ 486-720D (651)486-6907 Fax (866} 416-7200 Toll Free 7anuazy 16, 2002 �4s. Vir�inia Palmer Ciry Attomey City of St. Paul 15 W iCellogg Blvd. 40Q City IIall Sc. Paul, MN 55102 Dear Ms. Paimer, 'i'hank you For tatking with me re�arding A-1 Able 1'owing. As we discussed T would like to proceed wiYh havin� myjudgeme�tt added to your proceedmgs against A-1 Able Towing. T have enciosed a copy of the judgeme�it against A-1 Able Towing. Please let me know the date and time of the heazing so I can be present to tesrify. S' rely, �� Pauick O'Brien In Re Licenses held by A-1 Able Tawing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 10 "Earn;ng the Right To Serve You, Each And Every Time. "�' JRN-16-2002 15�43 6514866907 96i P.02 FROM : Plmmu'. a� O[F@!pp _._ ., . oaoeR Fp JUp6MEN' ON CLNM auo COUNTER CLJM �uocr�ur NOTIGEOF iU06MENT TNANSCAIYf OF JV00mENT FRX N0. : 6514866907 Jan. 16 2002 03:09PM P3 State of Minnesota Conciliation Court RAMSEY COUNTY SECOND JUDICIAL DISTRICT CASE No. SO-01-6567 NAME AND ADDRESS NAME AND ADDRESS ` PVO AUTO RENTAL & LEASING INC. ;� JARDlNE, (.OGAN & O'BRIEN u 2668 RICE ST. ""` �o�ro A� SEAM E. HADE LITTLE CANADA, MN 55113 444 CEDAR ST„ SUITE 2100 ST. PAUL, MN 55101-2'16Q Vs. Vs. r NAMEANDADDRESS NAMEANDADDRESS A-7 pBLE TOV1IIt�lS',JN�. _ c.i.�„�� 14 E. ACKER ST. � - -°� ST. PRUL, MN 55117 Appearances: � Plaintiff � Defendant ❑ Neither Part � Contested ❑ Defauit Upon evidence received, I71S HEREBY ORDERED: � Plaintiff is entitled to judgment against Defendant for the sum of 850.00, plus fees of 5.00, for a total of 675.00. !❑ judgment sha(i be entered in favor of �(without damages). ❑_ claim is dismissed with prejutlice. ❑` shall immediately retum to the _, and that the Sheriff of the county in which the property is located is authoriZed and directetl to effeet repossession of such property according to M.S, § 491A.01 subd.5, and turn it overto ❑ Okher/ � Memo LOST REVENUE CLAIM DISALLOWED AS SPECULATfVE DAMAGES ARE FOR EXTRASTORAGE DAYS PLAINTIFF WAS CHARGED WHICH WOULD NOT HAVE INCURRED IF q NO710E WAS SENT BY 8-2-01 I FIND NO CREDIBLE EVIDENCE THAT 7HE 48 HOUR NOTICE WAS GIVEN Da*e�: No��ember25,2004 Retaree: MCPAP,TL!N JUDGMENT is hereby declared and errtered as stated in the Court's Order for Judgmeni set forth above, and the judgment shall become finally effective on the tlate specified in the notice of judgment sef forth below. Dated: December 3, 20a1 Court Administrafor/Deputy: SJS THE PARTIES ARE HEREBY notified that Jutlgment has been entered as indicated above, but the Judgment is stayed by law untii: December 26, 2001 (to allow time for an appeal/removal if desired). onre THE PARTIES ARE FURTHER NOTIFIED that if the cause is removed to district court and the removing party does not prevail as provided in Rule 524 of the Minnesota Geqeral Rules of Practice for the District Courfs, ihe oppnsing parly will be awarded $50 as costs. Dated: CouK Administrator�Deputy: I certify that the above is a correcf transcript of the Judgment entered by fhis Court. Dated: CourE AdministretodDeputy: LJislr.fbuiion; . Or�ginal fnr.file [J. _ „ . ._ _ �_opy for Plaintiff � . COpy for DefCpdant ❑ JRN-16-2002 15�43 6514866967 96� P.03 d --t U-SAVE avTOxE� m Franchise Location: 2608 Rice St. Little Canada, MN 55113 (651) 456-7200 (651)486-6907 Fax (866) 416-7200 Toll Free August 25, 2001 Ms. Christina Schweinler Senior License Inspector City of Saint Paul 350 St. Peter Street Suite 300 St. Paul, MN 55102 Deaz Ms. Schweinler: I am writing this letter for two reasons. First, to point out that A-1 Able Towing Inc. of St. Paul, MN is in violation of the Ciry of St. Paul's Code Sec. 361.08. Secondly, I am asking for your help in obtaining the release of my company's vehicle at a reasonable expense to PVO Auto Rental & Leasing, Inc. Citing city code Sec. 361.08, the last sentence states: 'Bvery wrecker or tow huck motor vehicle service licensee shall, within forty-eight (48) hours of receiving a towed vehicle, give written notice to the last listed owner according to the motor vehicle regisiration records of the location of the towed vehicle." On July 30, 2001, A-1 Able Towing Inc. towed a vehicle belonging to my rental fleet. According to ciTy code, Sec. 361.08, A-1 Able Towing was required to give me notice by August 1,2001 that they had towed and impounded my vehicle. If I had received proper notification, costs incurred would have been as follows: Towing $125.00 Storage fees @ $25/day 100.00 Misc. feets 26.75 Total Charges/Costs $251.75 On August 24, 2001, I received a certified letter from A-1 Able Towing Ina (see enclosed), stating that they had possession of the vehicie and that I had 45 days to reclaim it. This letter was the first notification received. I immediately called A-1 Towing and was told as of August 24 the total costs are: Towing $125.00 Storage fees @ $25/day 650.00 Misc. feels 26.75 Total Charges/Costs $801.75 Ms. Schweinler, by the time you receive this letter, additional storage fees will be incuned at the rate of $25.00 per day! As a citizen of St. Paul, I find this unfair and in violation of the ciry licensing code with respect to proper notification. Not having this car in our possession in a timely manner has caused my company loss of income for more than least three weeks. Our company reported to the Ramsey County Sheriffs office on July 20, 2001 that the person who rented the vehicle had unauthorized use of the vehicle since July 13. The renter could not be located and on August 14, the Sheriffs office issued a warrant for the renter's arrest for theft of vehicle. This unwarranted U "Earning the Right To Serve You, E,_ � In Re Licenses held by A-1 Able Towing, Inc. d/b/a A-1 Able Towing —�_ City's Exh. No. l l J extra work by the Sheriffs office would have been unnecessary if A-1 Able Towing had notified our office according to city code that the caz was already in their possession. Ms. Schweinler, I believe I should only be liable for fees incurred from July 30 through August I at a total cost of $251.75. I do not believe it is fair that I be required to pay anymore than this amount. Had I been notified according to city code, I would have retrieved the vehicle immediately. Thank you for your attention in this matter. Please contact me with any further questions. I can be reached at 651-486-7200. Best regards, �� Pat O'Brien President PVO Auto Rental & Leasing Inc. Enclosure (2) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South � �°`°'� � � � � � Minneapolis, Minnesota 55401-2138 � �Q� � � �� January 15, 2002 Virginia D. Pa{mer Assistant City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55101 � � � Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN 55104 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: At the request of the city, the hearing in this matter, which is presentiy scheduled for January 23, 2002, has been continued until Tuesday, January 29, 2002. It will begin at 9:30 a.m. Please note that the room has changed — we will be in Room 42, which is in the basement of the City Hall. I look forward to seeing both of you on the 2g AWK:cr cc: Docket Coordinator S'ncerely, �� . �� `, ALLAN W. KLEIN Administrative Law Judge Telephone: 612/341-7609 � Providing Impartial Hearings for Gove In Re Licenses held by A°1 Able Towing, An Equal Opportuniry Err Inc. dlb/a A-1 Able ToWing —� Administrative Law Section &Administrative Services (612) 341-7600 _ City's Esh. No. l2 ` - � • OFFI�F THE CITY ATTORNEY Martuel rvaniu,CityAitorney CITY OF SA1NT PAUL Rarsdy G Kelly, Mayor January 18, 2002 AMENDED NOTICE OF HEARING Troy Allison A-1 Towing 14 E. Acker Street Saint Paul, Minnesota 55104 ci�it Division 400 City Ha[I 1 S Wut Kellogg Blvd. Sain! Paul, Minnesota 55l02 Telephone: 651 26&8710 Facsimile: 651298-56! 9 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 Mr. Allison: Please be advised that the Office of License, Inspections and Environmental Protection (LIEP) will be proceeding on an additional basis for adverse action at the hearing now scheduled for January 29, 2002 at 9:30 a.m. in room 42 of the Saint Paul City Hall. That additional violation is as follows: The Office of LIEP received a complaint from U-Save Auto rental related to a tow done by A-1 Able Towing from W. �cn and St. Peter Street on or about Juty 30, 2001. No notification of the tow was given to the last listed owner of the vehicle (U- Save Auto Rental) until August 22, 2001. Saint Paul Legislative Code §361.08 requires that such notice be given within twenty-four hours of the tow. Judgment was entered against A-1 Able Towing in Ramsey County Conciliation Court for the excess storage days based upon a finding that no such notice was ever provided. All of the other provisions of the Notice of Hearing dated December 18, 2001 are still valid and we will be pursuing the allegations contained therein as well. 0 0 In Re Licenses held by A-1 Able Tow-ing, — Inc. d/b/a A-1 Able Towing — City's Exh. No.13 . �' � Page 2 Troy Allison January 18, 2001 � Please feel free to contact me if you have any questions regarding this matter. Sincerely, � a��.o,�, �� . Virginia D. Palmer Assistant City Attorney cc: Administrative Law Judge Allan W. Klein, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Chrisrine Rozek, Deputy Director, LIEP Kathy Cole, Executive Director, District 6 Planning Councii, 1061 Rice St., St. Paul, MN 55117-4920 , „.. � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 18, 2002, she served the attached AMENDED NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Troy Allison A-1 Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the Uni tes mails at St. Paul, Minnesota. n //�—�./ G. CLEMENTS Subscribed and sworn to before me this 18th day of January, 2002. , ., 1 _/�� i, Notary pET�"n P. PFidG�OeZ� NOTAr�Y PUBUC - 7�iiN!dESOTfi R9Y C4"su5#4!SSiQtS �xv'-�: c ,;�,ta.:3 �, z� STATE OF MINNESOTA OFF'ICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 15, 2002 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55101 Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN 55104 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: At the request of the city, the hearing in this matter, which is presently scheduled for January 23, 2002, has been continued until Tuesday, January 29, 2002. It will begin at 9:30 a.m. Please note that the room has changed — we wiil be in Room 42, which is in the basement of the City Hall. I look forward to seeing both of you on the 2g AWK:cr cc: Docket Coordinator Sincerely, �'�J � �.,�C_�,. ALLAN W. KLEIN Administrative Law Judge Telep hone: 612/341-7609 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (672) 341-7346e Fax No. (612) 349-2665 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 9, 2002 Virginia D. Palmer Troy Allison o`�� Assistant City Attorney A-1 Able Towing 2`� z 400 City Hall 14 E. Acker Street s� 15 W. Kellogg Bivd. St. Paul, MN 55104 � St. Paul, MN 55101 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: Please be advised that responsibi(ify for this maifer has been fransferred from the Chief Administrative Law Judge Kenneth A. Nickolai to the undersigned Administrative Law Judge. Please direct any further correspondence or communication directly to the undersigned. Unless i hear to the contrary, I look forward to seeing both of you on Wednesday, January 23, at 9:30 a.m. in Room 220, Conference Room B, of the St. Paul City Hall. Sincerely, � � , `; , 4 , » �,�,.- ALLAN W. KLEIN Administrative Law Judge Telephone: 612/341-7609 AWK:cr cc: Docket Coordinator Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (6121341-7600 •TTY No. (6121 341-7346a Fax No. (612) 349-2665 �`:�9�^I i �.r% c 4 L.'` i C 1? �c � Presented By Referred To Committee: Date 1 WHEREAS, adverse action was imtiated against the Tow Truck/Wrecker license held by 2 A-1 Able Towing, Inc. by the Office of LIEP pursuant to a Notice of Violation dated November 3 7, 2001, which alleged violations of Saint Paul Legislative Code Chapter 361; and 4 WHEREAS, Licensee requested a hearing before an Administrative Law Judge, and a hearing was held on January 29, 2002 before Administrative Law Judge Allan W. Klein; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the ALJ issued a Report dated February 19, 2002, and determined that the Office of LIEP had sustained its burden of showing some, but not all of the violations and recommended that adverse action be taken against the licenses, without a specific recommendation as to the appropriate penalty; now, therefore be it RESOLVED, that the Tow Truck/Wrecker license held by A-1 Able Towing, Inc. is hereby suspended for a period of ten days, with the suspension stayed for a period of eighteen months on the following condirions: 1) that the Licensee pay a fine of $1,000; 2) that there be no further violations of Chapter 361 of the Saint Paul Legislative Code, or other violations related to the operation of the business; and 3) that the Licensee strictly comply with the requirement that the storage lot shall be maintained with 24-hour continuous on-site staffing. FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated February 19, 2002 aze adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on January 29, 2002, the documents and eachibits introduced therein and, the findings of fact and conclusions of law of the ALJ as referenced above. Council File # � a+ p�. 5� Green Sheet # � d 3?+SQ RESOLUTION CITY OF SAINT PAUL, iVIlNNESOTA � 1 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the �.1, -a• S � 3 Administrative Law Judge and to the Licensee. 4 g I� ��l��l'�?°�� Adopted by Council: Date �� , Adoption Certified by Council Secretary Appx Requ�st�d by�yepartment of: L � By: OFFICE oF LIEP March 14 zoo2 GREEN SHEET � Roger Curtis, Director 266-9013 No .10 3 3 5 0�a 1 EPARTDffiJT DSRECTOR 3 ITY CODNCIL ITY ATTORNEY ITY CLERA •��e�m � ust be on Council Agenda• AS 1O"'° �ET DIRECTOR - IN. & MGT. SVC. DIR. soon as possible xox rox assxsraNr� AL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the Wrecker/Towing License held by A-1 Able Towing (License ID No. 20010001561) for the premises located at 14 East Acker Street be suspended for a period of ten days, said suspension to be stayed for a period o£ 18 months on the conditions that; 1)the licensee pay a fine of $1,000; 2) have no further iolations in that time period and 3)that the Licensee strictly comply with the equirement that the storage lot shall be maintained with 24 hour on-site staffing. hat the findings of fact and conclusions of law contained in the ALJ Report in this case dated February 19, 2002 are adopted as the written findings and conclusion of the Council in this matter. � ECO6IISENDATIONS: APPROVE (A) OR REJECT (R) ERSOWAL SERV3C8 CONTRACTS DIOST J.N8w8R TeE POLLOWINO: PLANNING COIR]ISSION CIVIL SERVICE CO[MSISSION 1. Has the persoR/fism ever wos'ked undei a contract fot this department? . CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO SxAFF _ xas this person/firm ever been a City esployee? DISTRICT WURT YES NO - Does this person/firm possess a skill not normally possessed by any PPORTS WHICH COUNCIL OHSSCTIVE? Current City employee? YES NO xplain all Ys3 anawers on a aeDarate sheet anfl attaeh. �...INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Adverse action as initiated against the Tow Truck/Wrecker license held by A-1 Able Towing, Inc. by - the Office of LIEP pursuant to a Notice of Violation dated November 7, 2001 which alleged that the Licensee failed to notify Saint Paul Police Department Auto Desk immediately upon receiving towed vehicle. Licensee failed to maintain twenty four � our on-duty service for release of motor vehicles. Licensee also had a violation o ' charges for service which did not match the listed sheet of charges filed with LIEP. icensee requested a hearing before an ALJ and a hearing was held on January 29, 2002 nd the ALJ issued a report dated February 19, 2002 and determined that the Office o IEP had sustained its burden of showing some, but not all of the violations and recommended that adverse action be taken against the licenses, without a specific recommendation as to the appropriate penalty. . �IANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO UNDING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) i '=.;,�a .�. u �� oa-as � CITY OF SAINT PAUL RrsnAy C. Kelly, Mayor February 21, 2002 OFFICE OF THE CITY ATTORNEY Mnnuel J. Cervnntes, Ciry Almrney - ag - civilDivision 400CityNal( Teleplrone:651266-5710 IS West Ke!logg B(vd. Fncsimi(e: 651298-i619 Saint Pnul, Mirsnesota 5510? NOTICE OF COUNCIL HEARING Troy Atlison 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 Deaz Mr. Allison: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, March 6, 2002, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, (/C�? wC�J �>cC,j'^�-�� Virginia �Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, M� 55117-4920 o a.-as � 6-6020-14658-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. FINDWGS OF FACT, CONCLUSIONS, RECOMMENDATION AND MEMORANDUM This matter was heard before Administrative Law Judge Allan W. Klein, serving as Hearing Officer for the St. Paul City Council, on January 29, 2002 at the St. Paul City Hall. The hearing took less than a day, and the record closed at the end of the hearing. Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection (LIEP). Troy Allison, a manager of A-1 Abie Towing, Inc., 14 E. Acker Street, St. Paul, MN 55104, appeared on behalf of A-1 Able Towing, Inc. without benefit of counsel. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c-1) of the City's Legislative Code, the City Council wiil provide the Licensee an opportunity to present oral or written argument to it before it takes final action. Parties should contact the City Clerk to ascertain the procedure for presenting argument to the Councii. STATEMENT OF ISSUE Shoafd the vareckedtorving licenses held by A-1 Abl� Tawi;,g, ;;,a 5s #he subject of adverse action by the City as a result of violations of the legislative code described below? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. For some time prior to January 1, 2001, A-1 Able Towing operated a towing business under license from the City of St. Paul. On January 1, 2001, the business was sold to Randy Gilb. He proceeded to operate the business, apparently unaware that the license was not transferable. In April of 2001, the City discovered that oa-�51 the business had been sold, and during the months of April, May and June, the City demanded that Gilb provide various items needed for licensure, such as proof of insurance, a bond, a power of attorney on the bond, and similar items. Some time in July, Gilb hired Troy Allison to manage the business. One of Allison's tasks was to take care of the licensure problems with the Cify. On August 17, 2001, Gilb and Allison met with a group of LIEP personnel, and it was agreed that all licensing requirements would be fulfiiled by August 21, 2001. By that date, Allison had provided all of the required items to the City. A license was issued effective July 1, 2001.� 2. On or about July 30, 2001, A-1 was called to tow a vehicle from the parking lot at 51 West 7�' Street. The vehicle had been abandoned at the lot. A-1 did tow the vehicle back to A-1's storage lot on East Acker Street. 3. The vehicle's registered owner was PVO Auto Rental and Leasing, Inc. PVO (through U-Save Auto Rental) had rented the car to an individual who abandoned it at the parking lot. 4. The vehicle had been rented untii July 13. After a week, on July 20, 2001, PVO reported the missing vehicle to the Ramsey County Sheriffs O�ce. The renter couid not be (ocated, and on August 14, fhe Sheriff's office issued a warrant for the renter's arrest for theft of vehicle. 5. On August 23, A-1 sent a letter to PVO, indicating that A-1 had the vehicle in storage and PVO had 45 days to claim it. PVO's president, Pat O'Brien, immediately called A-1, spoke with Troy Ailison and confiremd that A-1 had the missing car. O'Brien attempted to negotiate for reduced storage charges. A-1 demanded $801.75 before it would return the vehicle. Ultimately, PVO had to pay $901.75 to obtain the vehicle from A-1. 6. O'Brien learned that the City Code required a tow truck licensee to give written notice to the last registered owner of a towed vehicle within 48 hours of towing the vehicle. On August 25, O'Brien wrote to the City, complaining about the fact tfiat he had not received any 48-hour notice and that most of the $801.75 he was being asked to pay consisted of storage fees which had accrued beyond the 48-hour limit. The City informed him that the dispute was a civil matter between A-1 and PVO, so O'Brien brought an action against A-1 in conciliation court. O'Brien claimed that A-1 should return the excess storage charges beyond 48 hours, plus the lost revenue from having the car unavailable for rent. O'Brien and Ailison both appeared in conciliation court. O'Brien claimed he never received any 48-hour notice. Allison, on the other hand, stated that mailing a 48-hour notice was a routine part of A-1's operations, and that such a notice was mailed in this case. The conciliation court referee found in favor of PVO, awarding it $650.00 plus fees. In a brief inemorandum, the referee stated: "Lost revenue claimed disallowed as speculative. Damages are for extra storage days plaintiff was charged which wouid not have ' Ex. 1. 2 Ex. 11. 2 a�_as t incurred if a notice was sent by 8/2/01. I find no credible evidence that the 48-hour notice was given." The judgment was entered on December 3, but stayed until December 26 to allow time for appeal. There was no appeal. A-1 has never paid PVO any of the monies which the Court awarded to PVO. 7. On Sunday, October 21, 2001, in the early morning, A-1 towed a car from the residents' parking lot at the Highcrest Apartments located at 1051 County Road D in the City of Vadnais Heights. The driver of the car heard his alarm sound, and came out of the apartment building to see what was happening. He saw his car being towed away by a tow truck. He was unable to stop the truck before it left the parking lot, and so he went back into the buiiding, spoke with a tenant and the manager, and obtained two telephone numbers for the towing company that served the building. The car was being operated by Anthony Smith, but was actualiy owned by his father, qnth�n Smith called one of the numbers and reached the tow truck operator who was still in the process of towing Smith's car to the company's lot in St. Paul. Smith asked the operator to bring his car back to the apartment building, but the operator refused to, stating that he had already crossed the city limits into St. Paul, and would not turn back. He told Smith that Smith would have to get the car from the A-1 lot, but he did not tell Smith where it was located. Smith then called the Ramsey County Sheriff's Department to explain why he thought his car should not have been fowed, and a deputy sheriff came out the apartment building. The deputy offered to give Smith a ride to the tow company's lot, but when both Smith and the deputy separately attempted to contact the driver or the company, they got no answer using both telephone numbers. The deputy did obfain the address of fhe company, and give Smith a ride home. When Smith got home, at approximately 2:30 or 3:00 in the morning, he attempted to call both of the numbers he had, but he received no answer at either number. 8. The next morning (Sunday morning) Smith called both numbers that he had at least three times between 9:30 and 11:30 in the morning. He got no answer. Around 12:00 noon, he got a ride to the company's lot on Acker Street. There was no company employee present, but there were several other "customers" attempting to retrieve their cars. Smith had his cell phone with him, and he attempted again to call both numbers, but got no answer at either number. The office was not open. Smith observed that his car was parked between the sfreet and a fenced-in area, so he just used a spare key, got in the car, and drove it home. 9. The next day, which would have been Monday, October 23` Smith was stopped by police. The police indicated that the car had been reported as stolen. Smith explained the situation, and the police officer indicated that it sounded like a civil matter beiween the towing company and Smith. The pofice officer did call A-1, and they came 3 The Administrative Law Judge is intentionally avoiding the issue of whether or not it was proper for A-1 to tow the car. That is not a basis for the City's licensing action against the company, and there was a suggestion during this hearing that there mighf be civif litigation brought by Smith against the company regarding the propriety of the tow. The Administrative Law Judge did not take sufficient evidence to form any opinion on the propriety of the tow, and has no position on that issue. 3 o1-�-s � and towed the car a second time. Later that morning, Smith called his attorney, Jamie R. Pierce. Pierce called A-1 and spoke to an employee identified as "Joe." Pierce asked about Smith's car, and how much it would cost to get it out. Joe told Pierce that he did not have that information, and that Pierce should call the next morning and get the information from a manager named Troy. The next day, Tuesday, October 23, Pierce did call and spoke with Troy [Troy Aliison] around 10:00 in the morning. Allison said he did not have the information about Smith's car or how much it would cost to get it released, but that he would call Pierce back later on in the day. At approximately 5:45 p.m., AIlison did cal! Pierce back and informed him that it would cost $631.00 to retrieve the car if it were picked up by midnight. It would cost an additional $100.00 per day until it was picked up. 10. On Tuesday, October 23, Pierce contacted Kristina Schweinler, a senior licensing inspector with the City. Pierce had reviewed the City's legislative code, and he came to the opinion that th� conipa^y was i; ��;a;aacr, cf a ru�ber �f prcvisiors. Fierce wrote Schweinler outlining his opinions and seeking her assistance. The next day, October 24, Pierce sent Schweinler a second letter, complaining about the ordinance violations and the high cost of getting the car released 5 � 11. Smith had difficulty raising the money needed to get the car, and it was not until Thursday, October 24, that he was able to pay the $831.75 demanded for the release of the car. 12. Approximately a week later, on Friday, November 2, Richard Jents, a City License fnspector, went to the company's office on Acker Street to gather information concerning the compiaints which Pierce had made concerning the company's towing of Smith's car. When Jents got to the office, he found it closed and there was no employee around. An employee from a neighboring business told Jents that the neighbor believed he had seen "Troy" earlier that morning, but he and Jents looked around the company's property and were unable to locate anyone. This visit took place between 11:45 a.m. and 12:15 p.m. 13. On Monday, November 5, Jents telephoned the company and a woman answered. She gave Jents another telephone number to cali and Jents reached Troy Allison. Jents told Allison what he wanted, and Allison agreed to meet Jents at the company's office. Ailison was not at the office when he got Jents' call, and it is unknown whether the woman who answered the company's telephone was physically located at the office or not. Jents did meet Aliison at the office, and Allison provided Jents with the documentation he wanted. 14. Among the documentation collected by Jents was a rate sheet entitled "A- 1/Able Service Rates" and "Impounding Rates." This sheet sets forth rates for a variety of services but, at the bottom, announces the following: ° Ex. 5. 5 Ex. 6. 6 Ex. 4. 0 O�.- � S 1 "All rates are quoted as minimum prices and subject to .tax fees (sic) when applicable. Rates are subject to change." In addition to the rate sheet, Jents collected two invoices. One was the invoice for the original tow in the early morning hours of Sunday, October 21' and the other was the invoice for the second tow on Monday, October 22 8 The first invoice indicates a storage fee of $25.00 per day for two days ($50.00), a tow fee of $125.00, an administration fee of $18.00 and tax of $8.75, for a total of $201.75. Presumably that is the amounf fhaf Smith would have had to pay if he had paid to retrieve his car before midnight on Monday, October 22. The second invoice is not fully filled out, but it appears that Smith was charged $125.00 for the first tow, $176.75 for the second tow, $400.00 for four days of storage at $100.00 per day, a"police report" fee of $100.00 and a"chain" fee for $30.00, for a total of $831.75. There is nothing on the company's rate sheet which indicates a storage fee of anything more than $25.00 per day, nor is there Gnything that v✓culd allow char�res far a"police ;eper" or a"cha�n." 15. At the time that Gilb and Allison met with personnei from the City's LIEP office on August 17, they explained that A-1 was a small operation, and thus it would not be economical for A-1 to have a person at the storage lot 24 hours per day, seven days per week. They told the LIEP personnei, including Christine Rozek, LIEP's Deputy Director, that someone would always answer the telephone, but it might be a driver, a neighbor, or any of a number of peop(e who would answer, and they would not necessarily be on premises when they did answer calls. Rozek replied "thaYs no problem so long as it doesn't become a problem." And that is how A-1 has operated. It has four drivers, a manager (Troy Allison) and a secretary. The "on call" responsibility for answering telephones is theoretically rotated among these people, so that, in theory, there is aiways somebody to answer the telephone. But the evidence shows that regardless of what the theory is, in practice it does not work. On the night that Smith's car was towed, neither he nor the deputy sheriff could get an answer. The next day, a Sunday, the phone was not answered when Smith cailed several times between 9:30 in the morning and noon. 16. On November 7, 2001, the City issued a Notice of Violation to A-1 Towing. The notice charged the company with a number of violations arising out of the Smith towing incidents of October, 2Q09. The notice indicated the comoany had the right to a hearing, and gave the company until Novem6er 19 to decide whether or not to exercise that right. The company did not receive the notice, and thus it did not respond. The matter was scheduled before the City Councii for December 19, and the company was notified of its opportunity to appear before the Council. The company received that letter. 17. On December 12, Ailison sent a letter to Virginia Palmer, the Assistant City Attorney handling the matter, indicating that he did not receive the December 10 ' Ex. 3b. $ Ex. 3c. 9 Ex. 7. 5 bY�S \ letter scheduling the matter before the City Council on December 19, and would like the opportunity to defend the company against ail complaints. 18. On December 18, 2001, the City issued a Notice of Hearing, setting the matter on for hearing on January 23, 2002 in St. Paul. The Notice cited the Smith fowing incidenf of October, 2001 and the 24-hour on-duty issue which arose out of that incidenf.�� 19. On January 15, the hearing date was continued to January 29 because of the unavailability of a City witness.' 20. On January 18, 2002, the City issued an amended Notice of Hearin�q adding the complaint from PVO/U-Save Auto Rental relating to the July, 2001 incident. 3 21. The hearing did ge forward on July 29 and both ±o�.��irg incidents ��ere litigated. There was no objection from the company regarding the scope of the hearing or any of the procedures used. 22. The LIEP office recommends that the company's licenses to operate be suspended for a period of 10 days, but that such suspension should be stayed for a period of 18 months so long as there are no repeat or similar offenses. In addition, LIEP recommends a find of $1,000.00. Based upon the foregoing Findings of Fact, the Hearing Officer makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paui Legislative Code §§ 310.05, 310.06 and 361.18. 2. The City of St. Paul has fuifiiled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. Section 361.05 of the City's Legislative Code provides that applications for a wrecker or tow truck service vehicle shail contain: (2) A record and establishment of reasonable fixed towing and fixed drop charges, which fixed charges sha(I be on file wifh 10 Ex. 8. " Ex. 9. t2 Ex. 12. 13 Ex. 13. "Test. of Kristina Schweinler. [^; oa•as� the license inspector's office, which office is fo be notified immediately in writing as changes occur therein in such rate. 5. as follows: 6. as follows: 7. as follows: (3) A statement that there will be a storage lot or lots at which will be maintained continuous twenty-four-hour-on-duty service from an office on the premises for the release of motor vehicles, together with the exact location of such lot or lots, with changes to be made known to the Office of License, Inspections and Environmental Protection immediately in writing. Section 362.08 of the City's Legis(afive Code provides, in pertinent part, °Every wrecker _or tow truck motor veh ;c.le �icer.see sha!! ;�si`;;;n forty-eight (48) hours of receiving a towed vehicie, give written notice to the last listed owner according to the motor vehicle registration records of the location of the towed vehicle." Section 361.12 of the City's Legislative Code provides, in pertinent part, "AA licensees shall...tow the vehicle directly fo a twenty-four-hour on-duty storage lot owned or operated by such licensee..." "Section 361.18 of the City's legislative Code provides, in pertinent part, "Any license under this chapter may be denied, suspended, revoked or renewal refused for any one (1) or more of the following causes: (4) Failure to pay or make arrangements to pay within ninety (90) days any final judgment arising out of the ownership, use or operation of a licensed vehicle; (5) Failure to comply with any provision of this chapter." 8. Section 310.06 of the Cit;i s Legislative Code permit� the Cit�� Counc�! to take adverse action against a license if ... (5) The licensee or applicant has failed to comply with any conditions set forth in the license, or set forth in the resolutian granting or renewing the license. (6) (a) the Licensee or applicant...has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonabiy related to the licensed activity... 7 ai-a3t 9. A-1 Able Towing, Inc. has violated Section 361.05 by failing to estabtish fixed towing and fixed drop charges; the company has also failed to follow its schedule of fixed charges; and, the company has failed to notify the office of LIEP as changes occur in ifs charges. 10. A-1 Able Towing has violated Section 361.05 (3), which requires storage lots to be staffed with continuous twenty-four-hour-on-duty service from an office on the premises. Even though the City orally modified that requirement to allow a telephone "presence," the Company did not comply with even the modified requirement. 11. The company did not violate Section 361.08 of the City's Legislative Code requiring a specific description of the towed vehicie having been placed on a form signed by a person authorized fo order fowing, because the City does not have authority to require this for tows which originate outside of the City limits. Similarly, if the tow originates outside fhe Cit�� limi#s, the City may not requife that o�ior to any ±oUS, a po;::,e department be notified. However, once the vehicle is towed into ihe City limits of the City of St. Paul, the City may require forty-eight (48) hour notice of receiving a towed vehicle to the last listed owner, as required in Section 361.08, which the corr�pany did violate. Based upon the foregoing Conclusions, the Hearing O�cer makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: That the City Council take adverse action against the licenses held by A-1 Able Towing, Inc. for the violations noted above. Dated this 19 day of February 2002. Recorded: Tape Recorded, Two tapes, no transcript. / � , J. ' � '� �'i V ` ��il'�� ALLAN W. KLEIN Hearing O�cer NOTICE Under Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final decision upon each party and the Hearing Officer by first class mail or as otherwise provided by law. MEMORANDUM � 0 . Od-�S l There are a number of findings and conciusions which deserve additional explanation. Is the City's jurisdiction over acts of towing companies which it licenses limited to acts which occur within the City? In this case, a car was towed from an apartment building's parking lot in Vadnais Heights into the licensee's storage lot in St. Paul. Following a complaint, the City charged the towing company with failing to obtain a complete authorization for towing from the apartment manager, and failing to notify the appropriate law enforcement authority prior to towing. In bofh cases, the events complained of occurred within the City of Vadnais Heights. As far as this record discioses, the City of Vadnais Heights does not regulate these activities within its boundaries. As far back as the year 1900, it was an established principle of law that a municipality can not exercise its po!ir.e po�raers beyor,�_its boun�a:��es. Ir th� case o� Citv of Duluth v. Orr the Supreme Court considered a Dufufh ordinance purporting to prohibit the storage of explosives within the corporate boundaries of the City or within a distance of one mile from the corporate boundaries of the City. Defendant was convicted of storing such explosives outside the city limits but within a mile of the municipal boundaries. On appeal, his conviction was reversed. The Minnesota Supreme Court rejected the theory that a City council could exert any authority beyond its authorized territory, stating: 7he general rule, applicable to municipalities as well as to states, is that the power and jurisdiction of the City are confined to its own limits and to its own internai concerns. �� The right given to the people within prescribed territorial limits to adopt a complete municipal code does not warrant the assumption by them of power over territory and people beyond those limits, even though the control of such territory and people wouid be convenient and gratifying to the people within the City. The practical di�culty involved in the assumption by cities of such pov�ier are apparsnt. l�numes�ble cot��ls�ts ir, authari±y w�u!d inevitably follow.� Therefore, the City of St. Paul may not punish A-1 for acts occurring in the City of Vadnais Heights, even though A-1 is licensed by the City of St. Paul. � t5 115 Minn. 267, 132 N.W. 265 (1900). 16 115 Minn. 267 at 270, 132 N.W. 265, at 265. �'7 � OZ.aS\ Whether or not A-1 gave the required 48-hour notice to PVO after PVO's car was towed was fully litigated in conciliation court. A-1 had every incentive, and every opportunity, to present its side of the story with regard to the issue, and yet the referee ruled against it, explicitly stating that he did not find any credible evidence to support A- 1's assertion that the 48 hour notice had been given. In such a circumstance, the City is entitled to rely on the judgment of the conciliation court as proof of the fact that A-1 did not give fhe required notice. The conciliation court exp(icif(y gave fhe parties time fo appeal or remove the case before the judgment became final, but A-1 did not remove or appeai the case, and the judgment did become final. Although conciliation court is less formal than a districf court, its judgments are nonetheless valid for precluding relitigation of the same issue in a subsequent suit on a different cause of action, so long as the parties had a fuil and fair opportunity to litigate the issue in the conciliation court case." But even without relying on the conciliation court judgment, the facts presented in this administrative proceeding also sucj that tFe 4�-i;our notice was noi given. t=VO is a rental company. !t makes its money by renting cars. It has every incentive to promptly retrieve one of its cars when it learns that it is sitting in a towing company's storage lot. The incentives include not only the fact that storage fees are being added every day, but also the fact of lost revenue from not having the car available to rent. It makes no sense for PVO to ignore a 48-hour notice. Nothing in Mr. O'Brien's testimony or demeanor suggested that he would knowingly allow one of his cars to sit in A-1's lot for any period of time once he knew it was there. Thus, the evidence in this administrative record confirms the decision of the conciliation court that A-1 failed to give the required 48-hour notice. "Gollner v. Kram 258 Minn. 8, 102 N.W. 2d 521 (1960) and Mattsen v. Packman, 358 N.W. 2d 48 (Minn. 1984). 10 ��,�51 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 .�_.._,.�.�`.�.+ ��G� � � GJ�I (�.�� , r.� ..-.,.�.� �-Z: ', `,e �..� � i _ e ; l February 19, 2002 Don Luna, City Cierk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. OAH Docket No. 6-6020-14658-3 Dear Mr. Luna: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions, Recommendation and Memorandum in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. The hearing tapes in this matter are being copied and sent to you at a later date. Our file in this matter is now being closed. Sincerely, �'�� , , � �B. ALLAN W. KLEIN Administrative Law Judge Te I e p h o n e: 612/341-76 09 AWK:osb Encl. cc: Virginia D. Palmer Troy Allison Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 aa-a � 6-6020-14658-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAf21NGS FOR THE CITY OF ST. PAUL In the Matter of the Tow Truck/Wrecker License Held by A-1 Able Towing, Inc., d/b/a A-1 Able Towing, Inc. FINDINGS OF FACT, CONCLUSIONS, RECOMMENDATION AND MEMORANDUM This matter was heard before Administrative Law Judge Allan W. Klein, serving as Hearing Officer fior the St. Paul City Council, on January 29, 2002 at the St. Pauf City Hall. The hearing took less than a day, and the record closed at the end of the hearing. Virginia D. Palmer, Assistant City Attorney, 400 C+ty Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection (LIEP). Troy Allison, a manager of A-1 Able Towing, Inc., 14 E. Acker Street, St. Paul, MIV 55104, appeared on behalf of A-1 Able Towing, Inc. without benefit of counsel. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c-1) of the City's Legislative Code, the City Council wili provide the Licensee an opportunity to present oral or written argument to it before it takes final action. Parties should contact the City Clerk to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should the wreckedtowing licenses held by A-1 Able Towing, Inc. be the subject of adverse action by the City as a result of violations of the legislative code described below? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. For some time prior to January 1, 2001, A-1 Able Towing operated a towing business under license from the City of St. Paul. On January 1, 2001, the business was sold to Randy Gilb. He proceeded to operate the business, apparently unaware that the license was not transferable. In April of 2001, the City discovered that the business had been sold, and during the months of April, May and June, the City demanded that Gilb provide various items needed for licensure, such as proof of insurance, a bond, a power of attorney on the bond, and similar items. Some time in July, Gilb hired Troy Allison to manage the business. One of Allison's tasks was to take care of the licensure problems with the City. On August 17, 2001, Gilb and Allison met with a group of LIEP personnel, and it was agreed that all licensing requirements would be fulfilled by August 21, 2001. By that date, Allison had provided all of the required items to the City. A license was issued effective July 1, 2001.' 2. On or about July 30, 2001, A-1 was called to tow a vehicle from the parking lot at 51 West 7 th Street. The vehicle had been abandoned at the lot. A-1 did tow the vehicle back to A-1's storage lot on East Acker Street. 3. The vehide's registered owner was PVO Auto Rental and Leasing, 1nc. PVO (through U-Save Auto Rental) had rented the car to an individual who abandoned it at the parking lot. 4. The vehicle had been rented until July 13. After a week, on July 20, 2001, PVO reported the missing vehicle to the Ramsey County Sheriff's Office. The renter could not be located, and on August 14, the Sheriff's office issued a warrant for the renter's arrest for theft of vehicle. 5. On August 23, A-1 sent a letter to PVO, indicating that A-1 had the vehicle in storage and PVO had 45 days to claim it. PVO's president, Pat O'Brien, immediately called A-1, spoke with Troy Allison and confiremd that A-1 had the missing car. O'Brien attempted to negotiate for reduced storage charges. A-1 demanded $801.75 before it would return the vehicle. Ultimately, PVO had to pay $901.75 to obtain the vehicle from A-1. 6. O'Brien learned that the City Code required a tow truck licensee to give written notice to the last registered owner of a towed vehicle within 48 hours of towing the vehicle. On August 25, O'Brien wrote to the City, complaining about the fact that he had not received any 48-hour notice and that most of the $801.75 he was being asked to pay consisted of storage fees which had accrued beyond the 48-hour limit. The City informed him that the dispute was a civil matter between A-1 and PVO, so O'Brien brought an action against A-1 in conciliation court. O'Brien claimed that A-1 should return the excess storage charges beyond 48 hours, plus the fost revenue from having the car unavailable for rent. O'Brien and Allison both appeared in conciliation court. O'Brien claimed he never received any 48-hour notice. Allison, on the other hand, stated that mailing a 48-hour notice was a routine part of A-1's operations, and that such a notice was mailed in this case. The conciliation court referee found in favor of PVO, awarding it $650.00 plus fees. In a brief inemorandum, the referee stated: "Lost revenue claimed disallowed as speculative. Damages are for extra storage days plaintiff was charged which would not have ' Ex. 1. Z Ex. 11. 2 incurred if a notice was sent by 8/2/01. I find no credible evidence that the 48-hour notice was given." The judgment was entered on December 3, but stayed until December 26 to allow time for appeal. There was no appeal. A-1 has never paid PVO any of the monies which the Court awarded to PVO. 7. On Sunday, October 21, 2001, in the early morning, A-1 towed a car from the residents' parking lot at the Highcrest Apartments located at 1051 County Road D in the City of Vadnais Heights. The driver of the car heard his alarm sound, and came out of the apartment building to see what was happening. He saw his car being towed away by a tow truck. He was unable to stop the truck before it left the parking lot, and so he went back into the building, spoke with a tenant and the manager, and obtained two telephone numbers for the towing company that served the building. The car was being operated by Anthony Smith, but was actually owned by his father. Anthony Smith called one of the numbers and reached the tow truck operator who was still in the process of towing Smith's car to the company's lot in St. Paul. Smith asked the operator to bring his car back to the apartment building, but the operator refused to, stating that he had already crossed the city limits into St. Paul, and would not turn back. He told Smith that Smith would have to get the car from the A-1 lot, but he did not tell Smith where it was located. Smith then called the Ramsey County Sheriff's Department to explain why he thought his car should not have been towed, and a deputy sheriff came out the apartment building. The deputy offered to give Smith a ride to the tow company's lot, but when both Smith and the deputy separately attempted to contact the driver or the company, they got no answer using both telephone numbers. The deputy did obtain the address of the company, and give Smith a ride home. When Smith got home, at approximately 2:30 or 3:00 in the morning, he attempted to cafl both of the numbers he had, but he received no answer at either number. 8. The next morning (Sunday morning) Smith called both numbers that he had at least three times between 930 and 11:30 in the morning. He got no answer. Around 12:00 noon, he got a ride to the company's lot on Acker Street. There was no company employee present, but there were several other "customers" attempting to retrieve their cars. Smith had his cell phone with him, and he attempted again to call both numbers, but got no answer at either number. The ofifice was not open. Smith observed that his car was parked between the street and a fenced-in area, so he just used a spare key, got in the car, and drove it home. 9. The next day, which would have been Monday, October 23` Smith was stopped by police. The police indicated that the car had been reported as stolen. Smith explained the situation, and the police o�cer indicated that it sounded like a civil matter between the towing company and Smith. The police officer did call A-1, and they came 3 The Administrative Law Judge is intentionally avoiding the issue of whether or not it was proper for A-1 to tow the car. That is not a basis for the City's licensing action against the company, and there was a suggestion during this hearing that there might be civil litigation brought by Smith against the company regarding the propriery of the tow. The Administrative Law Judge did not take sufficient evidence to form any opinion on the propriety of the tow, and has no position on that issue. 3 and towed the car a second time. Later that morning, Smith called his attorney, Jamie R. Pierce. Pierce calfed A-1 and spoke to an employee identified as ",foe." Pierce asked about Smith's car, and how much it would cost to get it out. Joe told Pierce that he did not have that information, and that Pierce should call the next morning and get the information from a manager named Troy. The next day, Tuesday, October 23, Pierce did call and spoke with Troy [Troy Allison] around 10:00 in the morning. Allison said he did not have the information about Smith's car or how much it would cost to get it released, but that he would call Pierce back later on in the day. At approximately 5:45 p.m., Allison did call Pierce back and informed him that it would cost $631.00 to retrieve the car if it were picked up by midnight. It would cost an additional $100.00 per day until it was picked up. 10. On Tuesday, October 23, Pierce contacted Kristina Schweinler, a senior licensing inspector with the City. Pierce had reviewed the City's legislative code, and he came to the opinion that the company was in violation of a number of provisions. Pierce wrote Schweinler outlining his opinions and seeking her assistance 4 The next day, October 24, Pierce sent Schweinler a second letter, complaining about the ordinance violations and the high cost of getting the car released. 11. Smith had difficulty raising the money needed to get the car, and it was not until Thursday, October 24, that he was able to pay the $831.75 demanded for the release ofi the car. 12. Approximately a week later, on Friday, November 2, Richard Jents, a City License Inspector, went to the company's office on Acker Street to gather information concerning the complaints which Pierce had made concerning the company's towing of Smith's car. When Jents got to the office, he found it closed and there was no employee around. An employee from a neighboring business told Jents that the neighbor believed he had seen "Troy" earlier that morning, but he and Jents looked around the company's property and were unable to locate anyone. This visit took place between 11:45 a.m. and 12:15 p.m. 13. On Monday, November 5, Jents telephoned the company and a woman answered. She gave Jents another telephone number to call and Jents reached Troy Allison. Jents told Allison what he wanted, and Allison agreed to meet Jents at the company's office. Allison was not at the office when he got Jents' call, and it is unknown whether the woman who answered the company's telephone was physically located at the office or not. Jents did meet Allison at the office, and Allison provided Jents with the documentation he wanted. 14. Among the documentation collected by Jents was a rate sheet entitled "A- 1/Able Service Rates" and "Impounding Rates."� This sheet sets forth rates for a variety of services but, at the bottom, announces the following: ' Ex. 5. 5 Ex. 6. 6 Ex. 4. � "All rates are quoted as minimum prices and subject to tax fees (sic) when applicable. Rates are subject to change." In addition to the rate sheet, Jents collected two invoices. One was the invoice for the original tow in the early morning hours of Sunday, October 21' and the other was the invoice for the second tow on Monday, October 22. The first invoice indicates a storage fee of $25.00 per day for two days ($50.00), a tow fee of $125.00, an administration fee of $18.00 and tax of $8.75, for a total of $201.75. Presumably that is the amount that Smith would have had to pay if he had paid to retrieve his car before midnight on Monday, October 22. The second invoice is not fully filled out, but it appears that Smith was charged $125.00 for the first tow, $176.75 for the second tow, $400.00 for four days of storage at $100.00 per day, a"police report" fee of $100.00 and a"chain" fee for $30.00, for a total of $831.75. There is nothing on the company's rate sheet which indicates a storage fee of anything more than $25.00 per day, nor is there anything that would allow charges for a"police report" or a"chain." 15. At the time that Gilb and Allison met with personnel from the City's LIEP office on August 17, they explained that A-1 was a small operation, and thus it would not be economical for A-1 to have a person at the storage lot 24 hours per day, seven days per week. They told the LIEP personnel, including Christine Rozek, LIEP's Deputy Director, that someone would always answer the telephone, but it might be a driver, a neighbor, or any of a number of people who would answer, and they would not necessarily be on premises when they did answer calls. Rozek replied "that's no problem so long as it doesn't become a problem." And that is how A-1 has operated. It has four drivers, a manager (Troy Allison) and a secretary. The "on call" responsibility for answering telephones is theoretically rotated among these people, so that, in theory, there is always somebody to answer the telephone. But the evidence shows that regardless of what the theory is, in practice it does not work. On the night that Smith's car was towed, neither he nor the deputy sheriff could get an answer. The next day, a Sunday, the phone was not answered when Smith called several times between 9:30 in the morning and noon. 16. On November 7, 2001, the City issued a Notice of Violation to A-1 Towing 9 The notice charged the company with a number of viofations arising out of the Smith towing incidents of October, 2001. The notice indicated the company had the right to a hearing, and gave the company until November 19 to decide whether or not to exercise that right. The company did not receive the notice, and thus it did not respond. The matter was scheduled before the City Council for December 19, and the company was notified of its opportunity to appear before the Council. The company received that letter. 17. On December 12, Allison sent a letter to Virginia Palmer, the Assistant City Attorney handling the matter, indicating that he did not receive the December 10 ' Ex. 3b. 8 Ex. 3c. 9 Ex. 7. E fetter schedufing the matter before the City Councii on December 19, and would like the opportunity to defend the company against all complaints.� 18. On December 18, 2001, the City issued a Notice of Hearing, setting the matter on for hearing on January 23, 2002 in St. Paul. The Notice cited the Smith towing incident of October, 2001 and the 24-hour on-duty issue which arose out of that incident." 19. On January 15, the hearing date was continued to January 29 because of the unavailability of a City witness. 20. On January 18, 2002, the City issued an amended Notice of tiearin� adding the complaint from PVO/U-Save Auto Rental relating to the July, 2001 incident. 3 21. The hearing did go fonr✓ard on July 29, and both towing incidents were litigated. There was no objection from the company regarding the scope of the hearing or any of the procedures used. 22. The LIEP office recommends that the company's licenses to operate be suspended for a period of 10 days, but that such suspension should be stayed for a period of 18 months so long as there are no repeat or similar offenses. In addition, LIEP recommends a find of $1,000.00." Based upon the foregoing Findings of Fact, the Hearing Officer makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code §§ 310.05, 310.06 and 361.18. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter. 4. Section 361.05 of the City's Legislative Code provides that applications for a wrecker or tow truck service vehicle shall contain: (2) A record and establishment of reasonable fixed towing and fiixed drop charges, which fixed charges shall be on fife with � Ex. 8. " Ex. 9. 72 Ex. 12. " Ex. 13. 14 Test. of Kristina Schweinler. a the license inspector's office, which office is to be notified immediately in writing as changes occur therein in such rate. 5. as follows: 6. as follows: 7. as follows: (3) A statement that there will be a storage lot or lots at which will be maintained continuous twenty-four-hour-on-duty service from an office on the premises for the release of motor vehicles, together with the exact location of such lot or lots, with changes to be made known to the Office of License, Inspections and Environmental Protection immediately in writing. Section 362.08 of the City's Legislative Code provides, in pertinent part, "Every wrecker or tow truck motor vehicle licensee shall, within forty-eight (48) hours of receiving a towed vehicle, give written notice to the last listed owner according to the motor vehicle registration records of the location of the towed vehicle." Section 361.12 of the City's Legislative Code provides, in pertinent part, "All licensees shall...tow the vehicle directly to a twenty-four-hour on-duty storage lot owned or operated by such licensee..." "Section 361.18 of the City's Legislative Code provides, in pertinent part, "Any license under this chapter may be denied, suspended, revoked or renewal refused for any one (1) or more of the following causes: (4) Failure to pay or make arrangements to pay within ninety (90) days any final judgment arising out of the ownership, use or operation of a licensed vehicle; (5) Failure to comply with any provision of this chapter." 8. Section 310.06 of the City's Legislative Code permits the City Council to take adverse action against a license if ... (5) The licensee or applicant has failed to comply with any conditions set forth in the license, or set forth in the resolution granting or renewing the license. (6) (a) the Licensee or applicant...has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity... 7 9. A-1 Able Towing, Inc. has violated Section 361.05 by failing to establish fixed towing and fixed drop charges; the company has also failed to follow its schedule of fixed charges; and, the company has failed to notify the office of LIEP as changes occur in its charges. 10. A-1 Able Towing has violated Section 361.05 (3), which requires storage lots to be staffed with continuous twenty-four-hour-on-duty service from an office on the premises. Even though the City orally modified that requirement to allow a telephone "presence," the Company did not comply with even the modified requirement. 11. The company did not violate Section 361.08 of the City's Legislative Code requiring a specific description of the towed vehicle having been placed on a form signed by a person authorized to order towing, because the City does not have authority to require this for tows which originate outside of the City limits. Similarly, if the tow originates outside the City limits, the City may not require that prior to any tow, a police department be notified. However, once the vehicle is towed into the City limits of the City of St. Paul, the City may require forty-eight (48) hour notice of receiving a towed vehicle to the last listed owner, as required in Section 361.08, which the company did violate. Based upon the foregoing Conclusions, the Hearing Officer makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: That the City Council take adverse action against the licenses held by A-1 Able Towing, Inc. for the violations noted above. Dated this 19 day of February 2002. _ , a�-� G�� -�- ALLAN W. KLEIN Recorded: Tape Recorded, Two tapes, no transcript. Hearing Officer NOTICE Under Minn. Stat. § 14.62, subd. 1, the City is requested to seroe its final decision upon each party and the Hearing Officer by first class mail or as otherwise provided by Iaw. MEMORANDUM � There are a number of findings and conclusions which deserve additional explanation. Is the City's jurisdiction over acts of towing companies which it licenses limited to acts which occur within the City? ln this case, a car was towed from an apartment building's parking lot in Vadnais Heights into the licensee's storage lot in St. Paul. Following a complaint, the City charged the towing company with failing to obtain a complete authorization for towing firom the apartment manager, and failing to notify the appropriate law enforcement authority prior to towing. In both cases, the events complained of occurred within the City of Vadnais Heights. As far as this record discloses, the City of Vadnais Heights does not regulate these activities within its boundaries. As far back as the year 1900, it was an estabiished principle of law that a municipality can not exercise its police powers beyond its boundaries. In the case of Citv of Duluth v. Orr the Supreme Court considered a Duluth ordinance purporting to prohibit the storage of explosives within the corporate boundaries of the City or within a distance of one mile from the corporate boundaries of the City. Defendant was convicted of storing such explosives outside the city limits but within a mile of the municipal boundaries. On appeal, his conviction was reversed. The Minnesota Supreme Court rejected the theory that a City council could exert any authority beyond its authorized territory, stating: The general rule, applicable to municipalities as well as to states, is that the power and jurisdiction of the City are confined to its own {imits and to its own internal concerns. �� The right given to the people within prescribed territorial limits to adopt a complete municipal code does not warrant the assumption by them of power over territory and people beyond those limits, even though the control of such territory and people would be convenient and gratifying to the people within the City. The practical difficulty invofved in the assumption by cities of such power are apparent. Innumerable conflicts in authority would inevitably follow. Therefore, the City of St. Paul may not punish A-1 for acts occurring in the City of Vadnais Heights, even though A-1 is licensed by the City of St. Paul. � 15 115 Minn. 267, 132 N.W. 265 (1900). 16 115 Minn. 267 at 270, 132 N.W. 265, at 265. F:] Whether or not A-1 gave the required 4&hour notice to PVO after PVO's car was towed was fully litigated in conciliation court. A-1 had every incentive, and every opportunity, to present its side of the story with regard to the issue, and yet the referee ruled against it, explicitly stating that he did not find any credibie evidence to support A- 1's assertion that the 48 hour notice had been given. In such a circumstance, the City is entitled to rely on the judgment of the conciliation court as proof of the fact that A-1 did not give the required notice. The conciliation court explicitly gave the parties time to appeal or remove the case before the judgment became final, but A-1 did not remove or appeal the case, and the judgment did become final. Although conciliation court is less formal than a district court, its judgments are nonetheless valid for precluding relitigation of the same issue in a subsequent suit on a different cause of action, so long as the parties had a full and fair opportunity to litigate the issue in the conciliation court case.�� But even without relying on the conciliation court judgment, the facts presented in this administrative proceeding also suggest that the 48-hour notice was not given. PVO is a rental company. It makes its money by renting cars. It has every incentive to promptly retrieve one of its cars when it learns that it is sitting in a towing company's storage lot. The incentives include not only the fact that storage fees are being added every day, but also the fact of lost revenue from not having the car available to rent. It makes no sense for PVO to ignore a 48-hour notice. Nothing in Mr. O'Brien's testimony or demeanor suggested that he would knowingly allow one of his cars to sit in A-1's lot for any period of time once he knew it was there. Thus, the evidence in this administrative record confirms the decision of the conciliation court that A-1 failed to give the required 48-hour notice. "Goliner v. Kram. 258 Minn. 8, 102 N.W. 2d 521 (1960) and Mattsen v. Packman, 358 N.W. 2d 48 (Minn. 1984). 10 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS; MN 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the Tow OAH Docket No. 6-6020-14658-3 Truck/Wrecker License Held by A-1 Able Towing, fnc., d/b/a A-1 Able Towing, Inc. Mary Osborn, certifies that on the 19th day of February, 2�02, she served a true and correct copy of the attached Findings of Fact, Conclusions, Recommendation and Memorandum; by placing it in the United States mail with postage prepaid, addressed to the fiollowing individuals: Don Luna, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Virginia D. Pa{mer Assistant City Attorney 400 City Hall 15 West Kelfogg Boufevard St. Paul, Minnesota 55102 Troy Allison A-1 Able Towing, Inc. 14 East Acker Street St. Paul. Minnesota 55104 �a�a�l d � 0 x O W 0 N O < y O m �J N R J O a � 0 r O C 6/ Q.' C O Y { G w C w c d u J � m � c m � � � �a N > V U J a N U .0 > N Y N � N T � F" s N ` U ~ J p F-� 0 O i N � M 4 � � � Z c ° o U p � J N � l6 � w F- N � N � a Q U � Q � V � � � U z � Z N � R O z w Cf] Q O� Q U Z � z N O m F- Z W oQ R a Q U C � O U U N �o d m 0 a W c� y o C O — N O r O N a � � Z U O a o , U M C N m r- � U c Q d E m Z c � d �� O' U a U W � � �� U N � _ Q N 9 � 3 Z m � O O d s� � o N N N � G � m � � � F � 7 ui W m � � � �U � � � � .� 0 h� �.__ �o� H ��o ��z ��,� � � d � �� t� � d CJ u� �~ m a A H _, S 1 N N � Q O 0 O � N N � N �.�'+ E t � U C G O C 3 p'6 y y S. N Z— C O = c�J U N �` U�N�"'NN N.�— �Q� N�y� J� CO -3�� °� � �` � � � ` oo°�" � a�3 m�=�o �� po $m �� o�o � � c �° 3`°o� � � Q o m m a �� L� �"6 S j d a. N'�'" � E V C O'6 C (6 C O U� � N N ' C V+' N V �� i �>c��-o�' " �° Q��v,� S� °� 3° `a i N� N� '6 C I� C— Y Q(n "' p vl � S N Q1 � C N @ �N O O�n N R � y'D 0... O c� o.� � Q i c o"� o � a � i o ° a`�i � Q o m� S -° o aQ a� m �� U p � L C w C O n F (p >. � U N O U J N N N [ ''��m > s � c�O� a -°- >.� "CC a � N C L 7� � a o �� N �� W �� N�� C Q �� N O � lQ w � U � N o � �Q1 J � N f17 �'6 N� _ o"��tnc ��o t� oo¢ c� c ��o_�oEa �c �� wa�i a o�� o c aa � N. c ro�� U d�a� y rn m� = � ` >��E3m �v �L��EEm�c°' ma� "' o"a�o.�°s� a� .c��°�c p� a Q.L Vj O ' � t� �3 � N c- „"' a. h j@ J ��°�m o-0 3� c � i a c i .D �o a� ��a ��E� m o a � w �� U L� tn O � C�?. N t4 — O= Q O Z �p��c�°�Y �� ER i � 0 O_ s.. �' '� o w�� y�O U O 6(p O ��° o c�i o�� ° o � o 0 o V c r O D U N�� d' �(V N U 1� ' j � O O N � N OJ ~ N r O O N N U L U W � W � 7 W` � f6 1�. N c0 ��(O �� c0 O U�C .- c> �n_ � o0 00� ooQ �-�o rno E roo �°o�_c Q� � oatoc m y y �.�t�c � � � n»�e n� m `+ rn < ��fl.n`� n�r 'a o oaoc � N N �� O C O - -' - < ni --I — O N p' S 7 � 3 ( fl. _ O m � O . � � � C � n t m m�� c� O f � mm <� ; �, @ m - � � C V 7 S p O'�n ' N 3 � C �^- �p� v �� l.c v �� i N Q O N� C v I cj � (D, : c 6p � 3 ai K �' . n � N � 91 "O � C 3 � � ! O j!„ `� t s ��o s Q y W A � -,�' 0 m ; s � W O 0 s r � � A M Q 1 3 m 0 � A e a 0 � �o m � W N O -n A n � o rn°�, rn�� rn m° m` � D a°� v c o°� � m m o� � m � V��ND N N dNN N N�N� ��.N � o o� -�o�_o� o �� ova ono� � �,� o �7 D� O Q 3 O�� O� OO �p O C ODO � N � 0 3 O � �D �. � � �'rEm �� a� �'ci m m v� °- Op y=o w� �� 30 �Q��o � o m�1� ci a�m Q� m oc� � c < �-O N� � � ° � vi� �� r7,3 y�� Y fl a' ° m� ai m o Saa=' 3� cp 3 p p O m � o �, m� c❑'3��d��3� mv, y i N= .(D tQ p �. � n C" (� N 7 T C N�"O C� C N O �� .�.. 7'6 � b C 0 - � p� N O z"O d ? �o ` �� D o � ��,� °'�6 mm m��c�� 3 ? ��-o � m3 0�o v a � � �n � �o � m � ,� "'v "a� o < mcmo 3 " mr�o �'� �o m ci�y � a� o .�m��C)��. m._.a o� �' �x vaD m o = Na Q. �°' 9 �� N �� o om � y? ��0 n �, � �-^ Cna � v�, ci n D �cQ °' �. a�� m m N O � < � � ^ [j � CD � � � � �+ n � p �� N � `G � � N ' � � � n. SU O' 3 (O Q U j �l O � � (D � n � � � � � � p � N � N tn q N 7 v� O N (D 2� 41 � 3 v g o O c i o m m � m � y m a o 8 � ' ` '"' m °- m � n � F — �� n �= o �DZ �� y Sno c°'y m m o � N oy ° o o =y v � 3'� m °m o 3 N O " a� D � D . � 1 W m n 0 � c�i N � A x � � � W � � N � � � N y � A � A � O � � � Z c a m � � � � m � m n 0 3 v � Z N � m � N C v � 0 N � O 0 Z C a � 5 N m D O m m 0 s i � n C � � D � f� m� O� � � Z � Z n D � O � D m Z � � Z � Z n C�Jt A v n Q m °- � N � y --I m �� m a N r . o � ° o m ' r � � N � � w � N 0 0 � 0 � r N -- > � � � � (D � n y � 'O m v � r = n N 3 � � � � a v � C � y r n e� N � �. 0 3 a: O 3 A � 0 ` � ° r � N n � O � W N � � m p' x � � m m Page 1 of 1 Ginger Palmer - A-1 Towing 14 E Ack ��' �� From: Richard 7ents To: Rozek, Cluistine Date: 11/5/2001 9:53 AM Subject: A-1 Towing 14 E Acker On 11YL/Ot at approx. 11:45 am 1 attempted to contact the manager(owner of A-1 to get some info on a complaint tha[ was made. The door to the business was locked, I pounded on the door and received no response.I then asked a man that appeared to be working azound the area ifanyone wu around for the towing business, he stated that he thougtrt that he Uad seen "Troy" and took me m a lot west of ehe Tow office. Troy or anyone azsociated with bu5iness was not available. I then lefr the area. Aich J In Re Licenses held by A-1 Able Towing, — Inc. d!b!a A-1 Able Towing — City's Exh. No. 2 file://C:\WTNDOWS\TEMP\GW}00002.HTM 11/6/2001 ..: ��. � ; �s.�;.:. - 24 Iic � 4 ��0� � ��.,_ -. ,-��_ �,- TO TOW manager, or authorized give A-1 to tow an<3�ungound � J .�l. .. I� a`T -' �. a. ... ;es°_not need=my-siguatvre �t�.t�e kegt on f�e:a�ic1 indic the date of � �'�m�- ��:b.� ,,_. ,. V. � ` 3 �� $' .Y . - 3 �.L._... . . . � r. . �.�.. vehicles from This property. as my signature on this Having the authority to I request that A-1 �g vehicles for the following �.:i1C.>uX5 � � �� t `�.rv. I ba-� *��,�, ��, � adequately notify their ,-1 requests t6at every �tg of a uew permit system '�t{lvv �9v �p tA��aePf� �f1T' w —r Date �6 �_ hone � ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 3w � � i � � ! l'j � � � :J � � / { ��W� f � I � i � � J �� ' � ^'� ti �/�� V I I 1 � j; � r �, ��!. o ' -�- �; I l j�. F? w ��,� Q � _. ❑ M- � ._. _L... _. , I � ' � � i �� ( i 1 � � ' I L � ' I � ; ! �� I � � _.C_..__L..-« � � y I Y: � I ti� I � ni i i 7� f, � I Q ,� � � n �! � I �I ' '�F � i ; ; I i i � � 1 f I � �' LL i F� i j�` � i � ' O! I � I � ; s ' �I � � !ni i � I t . � �: ; ' � i jt oa� � iu�i '; ±oi�l i� i x d ` i N O \\ { � � F ¢ I � I t�� a N 1 �'( . � � , ; �. m .� j � ! � 1 ,,,, ;.0 � '�� {'� � � I � f ( � ' ,� i ; i (+� i � i ■� �i1 uri �:� �� iv, �: . � � i i ` i i m t0 � q n+ T.; j f ? � i � � I c ., .'" (uiit�� r. # i i I i�� i � o � i� �, cni :,� "�„_>� �-j r m � ' ' �, � t ,i.-�� ir; x � w I � p`n in �;! �� ' d'�t ol � iu ui v �� :�-;°� • =f:1�' i m �slnla n_ � it � � r�� -�' �I o � o� � ' � � ; ,jo .� � j � �5� o i oi �. �i7j �� ""' i ' �� - � "' N �� lil �_ 1 I ry�_(-W 4 ! 1 � � 2 � .�. � t.l i� U I 4. ' z ' i.V � I � i(�i i � S <!) , ((] � , �Wi �`�.�I �� i Q� , 5 ? s �s .� < ¢ � � lo' C 3! � � 'c.:� O �I ! I � �� j i Zi �t � �{ i ',n, t . � � � o � . , � I.y� i ' . � F I �:� �"� . ' ' i � � � i . : (�'� �� I � '_'1 . ,: � .. y� '� `�, � � � i I , ' i . , / �j � ( i � j � � �� , � i;e' +�ry Z � �� I � � � i W , I � � � , ` y}: p � #'�� i ti � i � ' \� , � ��:� � t � �i `l� I i � .I : l e � . .'+ �,.1 � i � � �!Q t �� C i �, i J i �I ,� u � , � Z .�1= U i I ' Y W I � ' � r � � I U C7 I C7 ui tZ fL i � o.. ��}`j,i F � yr I a i i ¢ Q � _ _ , _ �. Q Cl t UJ � �� n m� �i Z v O Q z <t tt �-� I `��7�ai'>I'l '<`n�o ..� _ �1--_� _ 1 ; t I ; � i� I � r � � X I___ W I W� � LL. ; wI ¢ � � i ¢ W > ¢ 0 r_" .. I � � s v m y a G � c r � q � � i 1�- i � � � I `vi N i ��j� z`�io �w��w iQ ',:� � � w � � I E- � �� ' � ' ' 'r� ' ��,� � ; j :,; s tYi i � I +- ` f. i � � j ! `� � (`�`� ! s � j �� !� � j � ; ; ; j'�.1'�-: � I � ; � ; ; I I ! ' � i � � �__ ! .1.� � � ,` I I p � 1 I r ' �: IF I ! � . - . 1 ; i�� Ia.- I ; Li � , z E . i � � I �!: �i� i � ,,; ; i , w� � i f �, � ' t I 1 i � (l11! 1 � : � {ii � , �, • t ' i6�.� � : i =_ � � { f. � a � � I � � �' �!'� uJ � ; } 'I � '�� ,"�' ` i.r � f i � � � ��I � � ri ';�;''� i �' � lilil �I . �n � ' \� �, i L ' �y�i i , � a I I u�� "�� '�� t9^�� I � i �� i ' I � — ^�� 1 I � u_I }�,^'� \ .� ! � � � �.� i, a �— � V� � ,(ll J �� 1� fi i i � O� '�Q ¢ ! �, i �� ' E I n ~ � --I �"� � i i ��C;� 1 �`':�'t,.� j � :' i i 7 i` ;;^• � � , � �'J� C , � �� l t m v <\ � 0 O N � � W 01 V LV � 0� yn � j � � � � �f�j o �:�. � C M {' m M r ��°� V,} � � tt] � z Z � �� G9 � 3 c R} �, a S � � it�i� E! I � ' ;':l � : ; : � ; ��7 i , 'V g � � <_ F ., � ,�� 4 � �' � � � `� Ul � � Z.i.�y. I � � i i I �;�\ i�� ;y�� I i ' ! s i� ,,; � J f I i i � � �� I i �p �:, . w ¢ ! ��'�.,i I� � �� " ": > a r L �� G � IU �� 7_ Q U> I � O i:-, � __.._;.. C 0 ¢� w� Q f,�) t�f r � Z� � oi 1 ai � i ¢ �i � �i Q � � D C� W �I �i QI _ � �, 1 Q I � ( lL 0 M I Q� �� I�� j °� '' ; i 1 ' 4 � i i � � �f i , j�I i'�I ' � �i j � � � .� I �� I ° I � Z , wl w a C7 I. x Z, U O �'' '>� ri u�i ol J F 0 a Y � �, � ¢ x� � w t � W > �i a Q 2� ti z . 03 :� s �Oz w ` ` h' - Z a �n ¢ � . 1-U � wz� a�o ../� Q�Z '� Y�Q � O¢W j�m �mw z�� w�< p�yU h� a`�w wg� N(J� ¢6Y pW2 rx¢ �� a � � OLL w a�x �w� w ��w �<¢ �QO \ rzw �oa ; � � � _ .� a � �� a� a e O S ��r�c �� f ooa 15� � A -i / Able Service Rates • Service CaIl • Wrecker • Flatbed • Storage Fees 55.00-- 65.00 hook - up / 3.00 per mile 75.00 hook-up / 3.00 per mile 25.00 per day Impounding Rates . Tow � • Aministration Fee • Storage • Drop Fee 125.00 : 11 25_OQ �I�IZ1: � All rates are quoted at minimum prices and subject to tax fees when applicable. Rates are subject to chang� In Re Licenses heid by A-1 Able Towing, — Inc. d/b/a A-1 Able Towfng — City's Exh. No. 4 Oct• 23 �1 O1: 12p �, _ . �.t Robert R. Pwsumb 651-848-0�11 � R,A.AWSUMB & ASSOCUITES, PLC ATTORNEY� AT LAW 2010 LAND1iARK TOSVERS 345 $AINT PECER STREEf ST. PAUL, MN SSt02 PHONE: 651-225-9255 TOLL FREE:88&225-9566 FAX: 65tS98-0011 nawsumbCmediazecom wuwv.raawsumb.com Octobcr 23, 2001 City of Saint Paul Attn.: Krisrina Schweinler Senior LicenseInspcctor Re: A -1 Towing Dear Ms. Schweinler: VIA FAX 651266 9124 It was a plcasure speaking with you on the telephone today. I have since spoken with my client and have a more complete version of what occurred. As I explained, in the early-morrung hours, approximately 2:00 a.m., of October 21, 2001, my client Anthony Smith had his 1995 Ford Mustang towed by A-1 Towing from a private aparhnenf-building pazking lot located at 1051 County Rd. D. My client had petmission from a tenant who had pernussion to use two parking spaces in the lof. vIy client called 911 to report his car stolen and was sent to various agencies before being sent to what he believes was the Ramsey County Sheziff Department. No person with whom my client spoke had any idea that the car was towed. I have spoken with "Joe" an employee of A-1 Towing as we11 as its manager, "Troy: ' I was told that the car was towed pursuant to a contract with the owner of the aparhnent building and that the person who called in the caz to be towed was actually a dnver for A-I who happened to live in the building. In fact, my ciient spoke another tenant who toid him that the A-1 employee who li�ed there acivally towed the vehicle. I was also told that at that rime of evening they cannot call the St. Paul Police and have to call Ramsey County. It appears to me that whaf A-1 Towing did tttat evening did not comply with St. Paul Ordinance Sec. 361.08. First, they maintain a Iot in St, Paul and are therefore subject to the ordinance. Sec. 361.08 requires that before towing the tow-truck operator must be in possession of a printed order form signed by the person authorizing the tow and wifh a description of the vehicle to be towed. Tt also requires that prior to towing the tow-truck operator must call the "auto desk of the police depamnent, giving the license number and description of t�te vehicie" etc. P-� h �� ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing City's E�. No. 5 0 ❑c� 23 ❑1 01:12p �,', . �� ,. ►- . „ J Robert R. Awsumb 651-848-0011 First, it appears that the tow-truck operafor did not call the police or Ramsey County before towing the vehicle because when my client called to report it stolen, he would have been told it had been towed. Second, it does not seem proper that A-1 can sunply tow a vehicle that is parked in a lot without a pernrit unless the owner of the property, or its agen� calls it in. Even if they have order forms which are pre-signed, the ordinance requires that the signing pariy must sign to authorize the removal of a particular vehicle, which is impossible to do until they actually laiow which vehicle is to be towed. Finally, the fact that an A-1 employcc called in the tow and then actually towed it, without ever having spoken with the owner or manager of the properiy, appears to be a clear violation of Sec. 361.08. T'he vehicle is in A-1's lot, apparently with some damage, and they are demanding several hundred dollars for its release. Thank you £or your attention to this matter. If you need any further information, please do not hesitate to contact our office. Very truly yours, R. A. AWSUMB & ASSOCIATES, PLC Ja ' .Pierce l� p.3 Cc: Anthony Smith Oct ?a �i �5:37p Rohert A. Rwsumb 651-848-0011 R.A.AWSUMB & ASSOCTATES, PLC ATTORNEYS AT LAW 20t0 [.AR'DMARK TOWFRS 345 SA[M PETER S'IREEf ST. PAUL, MN 55702 PHONE: 651-Z25-9255 TOLL FREE: 888-225-9566 FAX: 651-848-0O1 l rdawsumbCmediate.com www.raawsumb.rnm October 23, 2001 City of Saint Paul Attn.: Krisrina Schweinler Senior Lieense Inspector Re: A -I Tawing Dear Ms. Schweinler: P-2 VIA FAX 651266 9124 p C�-+ �� Z C d✓ OCT 3 0 2�7C� �;�TY FiTTORNEY It was a pleasure speaking with you an the telephone today. I am very pleased that the City is talang steps to recrify this disturbing situafion. I do have more facts regarding my clienYs situation. My client told me that he hied to contact A-1 on Sunday and no one was available to talk to him about his car. When i cailed on Monday, I spoke to "Joe" who was unable to give me the total amount they claimed was due from my client and told me that I could get that information on Tuesday moming from "IYoy," the manager. I left a message for Troy on Tuesday morning and he called me back and told me that he would get me the amount that afternoon. Troy called back at approximately 5:45 p.m last night. and told me that my client owed $63I.75 and that if it wasn't paid by midnight, it would increase by $100.00 per day. They claim my client "stole" his caz out of their ]ot by "cuffing the chains," apparently on their gate. My client vehemenfly denies cutting any chains and tells me that the car was not in the lot but instead was left unlocked outside the Iot Regardiess, Troy told me that the $100.00 per day was for "indoor storage." I am frankly shocked that fhey would chxrge $100.00 per day as it makes it aL•nost impossible for people of limited financial means to recIaim their vehicles. I also believe that since my client could not get the car on Sunday, and on Monday they could not give me the amount they claimed was due, how can they charge storage for those days? FinaIly, �631.75 seems outrageously high for a tow charge. Thank you again for your attention to this matter. If you aeed any fi:rther information, please do not hesitate to contact our office. ■ In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing —, CiTy's Exh. No. 6 Oct �4 ❑1 �5:37p Ro6ert A. Fwsumb 651-848-0011 p.3 Very huly yours, R. A. AWSUMB & ASSOCIATES, PLC � �e R. Pierce ...�� Cc: Anthony Smith L , � _ � OFFIC� THE CITY ATTORNEY Clnytors birssors, Jr., Ciry Anorney CITY OF SAINT PAUL Norm Colemnn, Mayor November 7, 2001 Owner/Manager A-1 Towing 14 E. Acker Street Saint Paul, Minnesota 55104 Civil Division 400 Ciry Hal1 I S Wut Ke[[ogg Blvd. SairstPnul, Minnesora SS/0? NOTICE OF VIOLATION Telephone: 657 266-87/0 Facsimile: 65! 298-56l9 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 Deaz Sir/Nladam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the wrecker/towing license held by A-1 Able Towing for the premises located at 14 E. Acker Street. The basis for the recommendation is as follows: The Office of LIEP received a complaint on October 23, 2001 related to a tow done by A-1 Able Towing from a parking lot of an apartment building in Roseville which occurred on or about October 21, 2001. The tow was authorized by a pre-signed authorization form which faiis to list all of the information required by Saint Paul Legislative Code §361.08. A vehicle was towed to the Saint Paul lot by A-1 Towing, and then after the car was removed by its owner, it was towed a second time. The person whose vehicle was towed alleges that he was unable to reach anyone at A-1 on Sunday, October 21, 2001 to obtain his car, and that after calling a number of police and law enforcement agencies in the area none of them was aware that his car had been towed. These are violations of Saint Paul Legislative Code §361.08, which requires the tow company to notify the auto desk of the police department immediately upon receiving a towed vehicle, and Saint Paul Legislative Code §361.05(3) which requires twenty-four-hour-on-duTy service for release of motor vehicles. � � In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 7 ' r �Page 2 • A-1 Towing November 7, 2001 � In an effort to investigate the details of this incident, a license inspector from LIEP went to 14 E. Acker Street at approximately 11:45 on November 2, 2001, but the business was locked and no one was available. This is also a violation of Saint Paul Legislative Code §361.05(3), requiring 24-hour on duty service from an office on the premises of the storage lot. On or about November 5, 2001, the license inspector went to the business and obtained records relating to the tow, which show numerous unexplained charges, and charges which do not appear to match those listed on the sheet of charges filed with the Office of LIEP. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL7). 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 Hearing," 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, November 19, 2001, 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. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, �/� L� �'`µ�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 .� �... � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICL BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 7, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager A-1 Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unit tates mails at St. Paul, Minnesota. _ _ �-� CLEMENTS Subscribed and sworn to before me this 7th day of November, 2001. Notary P�3ER P. �'Ai�{ N07ti?1" F�'UBt��"�f�NE MY GOPAMISSI EX�'°RES ,4At�. 35 � 2�05 A-1 Towing � � ia �c a�k� s�t Pa,� rar ssii� Phone651-292-0440 Faac 651-2247640 December 12, 2001 Virginia Patmer Office of the City Attorney 400 City Hall and Court House 15 W Kellogg Blvd. St. Paul MN 55102 Deaz Ms. Palmer ��'�� 9 �L1 �-r.= �E� � ( f_��! �1�� /�c��R�� I am sending you this correspondence regarding a letter I received from your office on Monday December 10, 2001. This letter I am referrnig to stated that we were sent a previous letter infornring us of some code violations, and an opportunity to contest them. We never received a previous letter. The only letter received by A-1 Towing was the one informing us of a hearing to be held on Wednesday December 19, 2001. As per our phone conversation, I am notifying you in writing that the first letter was not received. I would greatly appreciate the opportunity to defend A-1 Towing against all complaints or violations. Thank-you for your time regarding this matter. Sincerely, Troy Allison � , _ �fi�--- J _„� � In Re Licenses heid by A-1 Able Towing, — Inc. d1b/a A-1 Able Towing — City's Exh. No. 8 i T u CITY OF SAINT PAUL Norm Colemnrt, Mayor December 18, 2001 NOTICE OF HEARING Troy Allison A-1 Able Towing 14 East Acker Street Saint Paul, Minnesota 55104 OFFI�F THE CITY ATTORNEY Clayton obinson, Jr., Ciry Altorney CivilDivision 400 City Hall I S West KeTlogg Blvd. Saint Paul, Minnuoen 55702 Telephone: 65! 266-87l0 F¢csimile: 657 298-5619 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 Mr. Allison: 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: Wednesday, January 23, 2002 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Kenneth Nickolai Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7640 � In Re Licenses held by A-1 Able Towing, — Inc. d/b/a A-1 Able Towing City's Earh. No. 9 u � f ° � The Council of the City o�aint Paul has the authority to provide f•hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse acrion 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 hoid at the above premises as follows: The Office of LIEP received a complaint on October 23, 2001 related to a tow done by A-1 Able Towing from a parking lot of an apartment building in Roseville which occurred on or about October 21, 2001. The tow was authorized by a pre-signed authorization form which fails to list all of the information required by Saint Paul Legislative Code §361.08. A vehicle was towed to the Saint Paul lot by A-1 Towing, and then after the car was removed by its owner, it was towed a second time. The person whose vehicle was towed alleges that he was unable to reach anyone at A-1 on Sunday, October 21, 2001 to obtain his car, and that after calling a number of police and law enforcement agencies in the area none of them was aware that his car had been towed. These are violations of Saint Paul Legislative Code §361.08, which requires the tow company to notify the auto desk of the police department immediately upon receiving a towed vehicle, and Saint Paul Legislative Code §361.05(3) which requires twenty-four-hour-on-duty service for release of motor vehicles. In an effort to investigate the details of this incident, a license inspector from LIEP went to 14 E. Acker Street at approximately 11:45 on November 2, 2001, but the business was locked and no one was available. This is also a violation of Saint Paul Legislative Code §361.05(3), requiring 24-hour on duty service from an office on the premises of the storage lot. On or about November 5, 2001, the license inspector went to the business and obtained records relating to the tow, which show numerous unexplained charges, and charges which do not appear to match those listed on the sheet of charges filed with the Office of LIEP. You have the right to be represented by an attorney befare 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. Notice of Hearing - Page 2 � '` The hearing will be condu7ed in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves 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 witnesses or evidence it may wish to present, each of whom the City's attorney 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 proceedin�, 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 arguments 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. 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 hearing, please contact or have your attorney contact the undersigned. If a stipulation oz 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 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 call me at 266-8710. Very truly yours, �� a-P-�.-�. �� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN SSA01 NancyAnderson, Assistant Council Secretary, 310 CityHall Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Notice of Hearing - Page 3 ; .. . � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 18, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 18th day of December, 2001. Notary Publ $s£TCi� P. r?li.'�da:a'Jria"<3 U07h"f?Y£�U3LIC - 518vy�,S6TA R".Y ^C"1'nfiR9;WSEO�i "CX�'��c.SA,� 3Y.'r_''J05 said person) depositing the FROM : ,. _ FqX N0. : 6514866997 Jan. 16 2002 03:09PM P2 U-SAVE AUTORENT�iL Frenchise Locatiorr 2608 Rice St. little Canada, MN 55713 (65'IJ 486-720D (651)486-6907 Fax (866} 416-7200 Toll Free 7anuazy 16, 2002 �4s. Vir�inia Palmer Ciry Attomey City of St. Paul 15 W iCellogg Blvd. 40Q City IIall Sc. Paul, MN 55102 Dear Ms. Paimer, 'i'hank you For tatking with me re�arding A-1 Able 1'owing. As we discussed T would like to proceed wiYh havin� myjudgeme�tt added to your proceedmgs against A-1 Able Towing. T have enciosed a copy of the judgeme�it against A-1 Able Towing. Please let me know the date and time of the heazing so I can be present to tesrify. S' rely, �� Pauick O'Brien In Re Licenses held by A-1 Able Tawing, — Inc. d/b/a A-1 Able Towing — City's Exh. No. 10 "Earn;ng the Right To Serve You, Each And Every Time. "�' JRN-16-2002 15�43 6514866907 96i P.02 FROM : Plmmu'. a� O[F@!pp _._ ., . oaoeR Fp JUp6MEN' ON CLNM auo COUNTER CLJM �uocr�ur NOTIGEOF iU06MENT TNANSCAIYf OF JV00mENT FRX N0. : 6514866907 Jan. 16 2002 03:09PM P3 State of Minnesota Conciliation Court RAMSEY COUNTY SECOND JUDICIAL DISTRICT CASE No. SO-01-6567 NAME AND ADDRESS NAME AND ADDRESS ` PVO AUTO RENTAL & LEASING INC. ;� JARDlNE, (.OGAN & O'BRIEN u 2668 RICE ST. ""` �o�ro A� SEAM E. HADE LITTLE CANADA, MN 55113 444 CEDAR ST„ SUITE 2100 ST. PAUL, MN 55101-2'16Q Vs. Vs. r NAMEANDADDRESS NAMEANDADDRESS A-7 pBLE TOV1IIt�lS',JN�. _ c.i.�„�� 14 E. ACKER ST. � - -°� ST. PRUL, MN 55117 Appearances: � Plaintiff � Defendant ❑ Neither Part � Contested ❑ Defauit Upon evidence received, I71S HEREBY ORDERED: � Plaintiff is entitled to judgment against Defendant for the sum of 850.00, plus fees of 5.00, for a total of 675.00. !❑ judgment sha(i be entered in favor of �(without damages). ❑_ claim is dismissed with prejutlice. ❑` shall immediately retum to the _, and that the Sheriff of the county in which the property is located is authoriZed and directetl to effeet repossession of such property according to M.S, § 491A.01 subd.5, and turn it overto ❑ Okher/ � Memo LOST REVENUE CLAIM DISALLOWED AS SPECULATfVE DAMAGES ARE FOR EXTRASTORAGE DAYS PLAINTIFF WAS CHARGED WHICH WOULD NOT HAVE INCURRED IF q NO710E WAS SENT BY 8-2-01 I FIND NO CREDIBLE EVIDENCE THAT 7HE 48 HOUR NOTICE WAS GIVEN Da*e�: No��ember25,2004 Retaree: MCPAP,TL!N JUDGMENT is hereby declared and errtered as stated in the Court's Order for Judgmeni set forth above, and the judgment shall become finally effective on the tlate specified in the notice of judgment sef forth below. Dated: December 3, 20a1 Court Administrafor/Deputy: SJS THE PARTIES ARE HEREBY notified that Jutlgment has been entered as indicated above, but the Judgment is stayed by law untii: December 26, 2001 (to allow time for an appeal/removal if desired). onre THE PARTIES ARE FURTHER NOTIFIED that if the cause is removed to district court and the removing party does not prevail as provided in Rule 524 of the Minnesota Geqeral Rules of Practice for the District Courfs, ihe oppnsing parly will be awarded $50 as costs. Dated: CouK Administrator�Deputy: I certify that the above is a correcf transcript of the Judgment entered by fhis Court. Dated: CourE AdministretodDeputy: LJislr.fbuiion; . Or�ginal fnr.file [J. _ „ . ._ _ �_opy for Plaintiff � . COpy for DefCpdant ❑ JRN-16-2002 15�43 6514866967 96� P.03 d --t U-SAVE avTOxE� m Franchise Location: 2608 Rice St. Little Canada, MN 55113 (651) 456-7200 (651)486-6907 Fax (866) 416-7200 Toll Free August 25, 2001 Ms. Christina Schweinler Senior License Inspector City of Saint Paul 350 St. Peter Street Suite 300 St. Paul, MN 55102 Deaz Ms. Schweinler: I am writing this letter for two reasons. First, to point out that A-1 Able Towing Inc. of St. Paul, MN is in violation of the Ciry of St. Paul's Code Sec. 361.08. Secondly, I am asking for your help in obtaining the release of my company's vehicle at a reasonable expense to PVO Auto Rental & Leasing, Inc. Citing city code Sec. 361.08, the last sentence states: 'Bvery wrecker or tow huck motor vehicle service licensee shall, within forty-eight (48) hours of receiving a towed vehicle, give written notice to the last listed owner according to the motor vehicle regisiration records of the location of the towed vehicle." On July 30, 2001, A-1 Able Towing Inc. towed a vehicle belonging to my rental fleet. According to ciTy code, Sec. 361.08, A-1 Able Towing was required to give me notice by August 1,2001 that they had towed and impounded my vehicle. If I had received proper notification, costs incurred would have been as follows: Towing $125.00 Storage fees @ $25/day 100.00 Misc. feets 26.75 Total Charges/Costs $251.75 On August 24, 2001, I received a certified letter from A-1 Able Towing Ina (see enclosed), stating that they had possession of the vehicie and that I had 45 days to reclaim it. This letter was the first notification received. I immediately called A-1 Towing and was told as of August 24 the total costs are: Towing $125.00 Storage fees @ $25/day 650.00 Misc. feels 26.75 Total Charges/Costs $801.75 Ms. Schweinler, by the time you receive this letter, additional storage fees will be incuned at the rate of $25.00 per day! As a citizen of St. Paul, I find this unfair and in violation of the ciry licensing code with respect to proper notification. Not having this car in our possession in a timely manner has caused my company loss of income for more than least three weeks. Our company reported to the Ramsey County Sheriffs office on July 20, 2001 that the person who rented the vehicle had unauthorized use of the vehicle since July 13. The renter could not be located and on August 14, the Sheriffs office issued a warrant for the renter's arrest for theft of vehicle. This unwarranted U "Earning the Right To Serve You, E,_ � In Re Licenses held by A-1 Able Towing, Inc. d/b/a A-1 Able Towing —�_ City's Exh. No. l l J extra work by the Sheriffs office would have been unnecessary if A-1 Able Towing had notified our office according to city code that the caz was already in their possession. Ms. Schweinler, I believe I should only be liable for fees incurred from July 30 through August I at a total cost of $251.75. I do not believe it is fair that I be required to pay anymore than this amount. Had I been notified according to city code, I would have retrieved the vehicle immediately. Thank you for your attention in this matter. Please contact me with any further questions. I can be reached at 651-486-7200. Best regards, �� Pat O'Brien President PVO Auto Rental & Leasing Inc. Enclosure (2) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South � �°`°'� � � � � � Minneapolis, Minnesota 55401-2138 � �Q� � � �� January 15, 2002 Virginia D. Pa{mer Assistant City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55101 � � � Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN 55104 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: At the request of the city, the hearing in this matter, which is presentiy scheduled for January 23, 2002, has been continued until Tuesday, January 29, 2002. It will begin at 9:30 a.m. Please note that the room has changed — we will be in Room 42, which is in the basement of the City Hall. I look forward to seeing both of you on the 2g AWK:cr cc: Docket Coordinator S'ncerely, �� . �� `, ALLAN W. KLEIN Administrative Law Judge Telephone: 612/341-7609 � Providing Impartial Hearings for Gove In Re Licenses held by A°1 Able Towing, An Equal Opportuniry Err Inc. dlb/a A-1 Able ToWing —� Administrative Law Section &Administrative Services (612) 341-7600 _ City's Esh. No. l2 ` - � • OFFI�F THE CITY ATTORNEY Martuel rvaniu,CityAitorney CITY OF SA1NT PAUL Rarsdy G Kelly, Mayor January 18, 2002 AMENDED NOTICE OF HEARING Troy Allison A-1 Towing 14 E. Acker Street Saint Paul, Minnesota 55104 ci�it Division 400 City Ha[I 1 S Wut Kellogg Blvd. Sain! Paul, Minnesota 55l02 Telephone: 651 26&8710 Facsimile: 651298-56! 9 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 Mr. Allison: Please be advised that the Office of License, Inspections and Environmental Protection (LIEP) will be proceeding on an additional basis for adverse action at the hearing now scheduled for January 29, 2002 at 9:30 a.m. in room 42 of the Saint Paul City Hall. That additional violation is as follows: The Office of LIEP received a complaint from U-Save Auto rental related to a tow done by A-1 Able Towing from W. �cn and St. Peter Street on or about Juty 30, 2001. No notification of the tow was given to the last listed owner of the vehicle (U- Save Auto Rental) until August 22, 2001. Saint Paul Legislative Code §361.08 requires that such notice be given within twenty-four hours of the tow. Judgment was entered against A-1 Able Towing in Ramsey County Conciliation Court for the excess storage days based upon a finding that no such notice was ever provided. All of the other provisions of the Notice of Hearing dated December 18, 2001 are still valid and we will be pursuing the allegations contained therein as well. 0 0 In Re Licenses held by A-1 Able Tow-ing, — Inc. d/b/a A-1 Able Towing — City's Exh. No.13 . �' � Page 2 Troy Allison January 18, 2001 � Please feel free to contact me if you have any questions regarding this matter. Sincerely, � a��.o,�, �� . Virginia D. Palmer Assistant City Attorney cc: Administrative Law Judge Allan W. Klein, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Chrisrine Rozek, Deputy Director, LIEP Kathy Cole, Executive Director, District 6 Planning Councii, 1061 Rice St., St. Paul, MN 55117-4920 , „.. � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 18, 2002, she served the attached AMENDED NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Troy Allison A-1 Towing 14 E. Acker Street St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the Uni tes mails at St. Paul, Minnesota. n //�—�./ G. CLEMENTS Subscribed and sworn to before me this 18th day of January, 2002. , ., 1 _/�� i, Notary pET�"n P. PFidG�OeZ� NOTAr�Y PUBUC - 7�iiN!dESOTfi R9Y C4"su5#4!SSiQtS �xv'-�: c ,;�,ta.:3 �, z� STATE OF MINNESOTA OFF'ICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 15, 2002 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55101 Troy Allison A-1 Able Towing 14 E. Acker Street St. Paul, MN 55104 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: At the request of the city, the hearing in this matter, which is presently scheduled for January 23, 2002, has been continued until Tuesday, January 29, 2002. It will begin at 9:30 a.m. Please note that the room has changed — we wiil be in Room 42, which is in the basement of the City Hall. I look forward to seeing both of you on the 2g AWK:cr cc: Docket Coordinator Sincerely, �'�J � �.,�C_�,. ALLAN W. KLEIN Administrative Law Judge Telep hone: 612/341-7609 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (672) 341-7346e Fax No. (612) 349-2665 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 9, 2002 Virginia D. Palmer Troy Allison o`�� Assistant City Attorney A-1 Able Towing 2`� z 400 City Hall 14 E. Acker Street s� 15 W. Kellogg Bivd. St. Paul, MN 55104 � St. Paul, MN 55101 RE: In the Matter of the WreckerlTowing License Held by A-1 Able Towing for the Premises Located at 14 E. Acker Street in St. Paul; License ID #20010001561; OAH Docket No. 6-6020-14658-3 Dear Ms. Palmer and Mr. Allison: Please be advised that responsibi(ify for this maifer has been fransferred from the Chief Administrative Law Judge Kenneth A. Nickolai to the undersigned Administrative Law Judge. Please direct any further correspondence or communication directly to the undersigned. Unless i hear to the contrary, I look forward to seeing both of you on Wednesday, January 23, at 9:30 a.m. in Room 220, Conference Room B, of the St. Paul City Hall. Sincerely, � � , `; , 4 , » �,�,.- ALLAN W. KLEIN Administrative Law Judge Telephone: 612/341-7609 AWK:cr cc: Docket Coordinator Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (6121341-7600 •TTY No. (6121 341-7346a Fax No. (612) 349-2665