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Council File # �.'1—� q � 0 R l G i�( A L � Crreen Sheet #� Q'3 35q RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Committee: Date � 1 WHEREAS, adverse action was iniriated against the Tow Truck/Wrecker License held by Rapid 2 Recovery, Inc. for the premises located at 240 West Sycamore Street in Saint Paul (License ID# 3 010000273) based upon several violations of Saint Paul Legislative Code §361.08, which requires 4 notification to the police department prior to towing a vehicle; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2� 21 22 WIiEREAS, Rapid Recovery did not dispute that the violations occurred; and WHEREAS, the Office of License, Inspections and Environmental Protection has recommended a penalty of a 10 day license suspension, said suspension to be stayed for a period of 18 months on the condition that there be no additional violarions in that period of rime and that the license pay a$1,000 fine; and WHEREAS, this is a similaz penalty to the one recently imposed against another Tow Truck/Wrecker licensee for violations of the legislative code provisions relating to tow trucks; now, therefore, be it RESOLVED, that the Tow Truck/Wrecker License held by Rapid Recovery, Inc. for the premises located at 240 West Sycamore Street in Saint Paul (License ID# 010000273) is hereby .]e.] f ,.,7 ,. `� n. "'� ....:.1 ,. � ._ t r - _ _ � o .v 4t,. .ti i ��. �r� � r -�- cs.ss�ss��, � �;,,.� o� �C so.00. 23 This Resolution and the actions taken hereunder are based upon the facts contained in the 24 March 12, 20021etter from Commander Pye to Peter Olson, Saint Paul Police Report #02-048-300, and "`�:: :��e€�a�ien-d'a��a{�elr��@�l V OFFICE oF LIEP April �6, aooz GREEN SHEET Roger Curtis, Director 266-9013 No . 4 0 3 3 5 9 aa-�� 1 SPARTME[Yf DIftHCTOR 4 ITY COUNCIL ITY ATLORNEY ITY CLffitR ust be �11 Council Agenda- �°� �ET DIRECTOR IN. & MGT. SVC. DIR. . ,�. d 1 ZOOZ �t POR (OR ASSISTANT) TAL # OF SIGNATORS PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the Tow Truck/Wrecker License held by Rapid ecovery, Inc. for the premises located at 240 West Sycamore Street (License ID # 010000273) be suspended for a period of 10 days, said suspension to be stayed for a period of 18 months on the condition that there be no additional violations in that period of time and that the licensee pay a $1,000 fine. COPP7INDATIONS: APPROVE (A) OR REJECT (R) BRSONAL 58RVICE CONTRACTS MtTST ANSWER T8E FOLIA➢]IISG: PLANNING WMMISSION ! CIVIL SERVICE 1. Has the person/firm ever worked under a contract for this department? OMMISSION YES NO CIB COMMITTEE _ BUSINESS REVIEW Has this person/firm ever been a City employee? OUNCIL YES NO ' ' " STAFF _ 3. Does this person/firm possess a skill not normally possessed by any ' Current City employee? DISTRICT COURT - YES NO - laia all YES aaawers oa a seyarate aheet aad attach. PPORTS WHICH COUNCIL OBSECTIVE? INITIATING PROBLEM, ISSUE, OPPORTUNITY ([�lho, What, When, Where, Why): On arch 11, 2002 licensee towed several vehicles from the parking lot at - 1247 Saint Anthony Avenue without first notifying the Saint Paul Police , epartment of the tow and checking to see if the vehicles were reported , stolen. This is a clear violation of Saint Paul Legislative Code Section -361.08. VANTAGES IF APPROVED: Consistency in punishments for Tow TrucklWrecker licensees for violations of the legislative code provisions relating to tow trucks/Wreckers. ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: Lack of adequate and consistent enforcement of conditions placed on Tow Truck /Wrecker Licensees under Section 361.08 of the Saint Paul Legislative Code. OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES O UNDING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) ��g�°��'�� " > � �� [.Y'= ' )$ i.`S �. OFFICE OF THE CITY ATTORNEY ManueTJ Cervantu, CiryAtmrney o� - a9� CITY OF SAINT PAUL Randy C. KelZy, Mayor Apri117, 2002 Civil Divisian 400 Ciry Hal1 I S West Keflogg Blvd. Sairs! Paul, Minnuola 55102 Telephone: 65I 266-87l0 Facsimile: 65I 298-5619 NOTICE OF COUNCIL HEARING Peter Olson Rapid Recovery, Inc. 240 Sycamore Street West Saint Paul, Minnesota 55117 RE: Tow Truck/Wrecker License held by Rapid Recovery, Inc. for the premises located at 240 West Sycamore Street in Saint Paul License ID #: 20010000273 Deaz Mr. Olson: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 1, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to notify the Saint Paui Police DepartmenYs Auto Desk before towin� several vehicles on March 11, 2002 has been admitted. You will have an opporhznity at the Council hearing to present oral ancUor written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a 10-day suspension of your license, to be stayed for a period of 18 months on the condition that there be no same or similar violations and that you pay a$1,000.00 fine. Please note that this is a change from the recommendation contained in the Notice of Violation and is consistent with a recent penalty imposed on another tow truck licensee. AA-ADA-EEO Employer � Page 2 Peter Olson April 17, 2002 If you have any questions, please cali me at 266-8710. Very truly yours, � � � VirginiG� er Assistant City Attorney 0�..-� cc: Adam P. Rutzick, Steven R. Rutzick & Associates, 2620 Firstar Center, 101 East 5�' St., St. Paul, MN 55101 Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 AA-ADA-EEO Employer �. UNCONTESTED LICENSE HEARING ey ��y� Licensee Name: Rapid Recovery, Inc. d/b/a Rapid Recovery, Inc. Address: Council Hearing Date Wednesday, May 1, 2002 Violation: Failure to notify Saint Paul Police Dept. Auto Desk before towing several vehicies on March 11, 2002 Date of Violation: Place: 240 West Sycamore Street West March 11, 2002 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, inspections and Environmental Protection: 10-day suspension of Tow Truck/Wrecker license, stayed for 18 months on condition that there be no same or similar violations and that the licensee pay a$1,000.00 fine Attachments: 1. Proposed resolution 2. Letter from licensee requesting public hearing 3. Notice of Violation 4. License Information Report 5. March 12, 2002 letter from St. Paul Police Commander Gregory Pye to Peter Olson 6. March 12, 2002 Fax from Police Department to Kris, including CN 02-048-300 7. License information AA-ADA-EEO Employer y. �� 2 � n , _____ vt ------� � n �-�-,��( t'��sF�1 J r �rt � I1 j 2c�a-- 0�--�q� � G{---t ( G411— S_�. _-- /_/ ��?ooa--- - W4__Cc,T_�!<-�l G� - - _— - f �-d��s—J�o l�i�_ �� w�� nc.�-��a�- �- -- - OFFIC7 ' THE CITY ATTORNEY Mnnuel J ��rvnntu, Ciry Ai7orney CITY OF SA1NT PAUL ��. r CivilDivision Rnrsdy C. Ke11y, M¢yor 400 Ciry Nn7! Telepkone: 651166-871 D ISWutKelloggBlvd. Faaimile:651298-56l9 Snint Pa��[ Minnuala 55101 � March 28, 2002 NOTICE OF VIOLATION Owner/Manager Rapid Recovery, Inc. 240 Sycamore Street West Saint Paul, Minnesota 55117 RE: Tow Truck/Wrecker License held by Rapid Recovery, Inc. for the premises located at 240 West Sycamore Street in Saint Paul License ID #: 20010000273 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the Tow Truck/Wrecker license held by Rapid Recovery for the premises located at 240 West Sycamore Street in Saint Paul. The basis for the recommendation is as follows: On March 12, 2002 the Office of LIEP received information from the Saint Paui Police Department that Rapid Recovery had towed several vehicles from the parking lot at 1247 St. Anthony Ave. in Saint Paul without £rst notifying the Saint Paul Police Department of the tow and checking to see if they were reported stolen. Saint Paul Legislative Code §361.08 states: "Every wrecker or tow truck motor vehicle service licensee shall, prior to towing any vehicle, telephone to the auto desk of the police department, giving the license number and description of the vehicle, a description oF the location from which the vehicle is to be removed and the location of the storage lot where the vehicle is to be impounded. The licensee shall receive a reply from the police auto desk on the status of the vehicle prior to towing." AA-ADA-EEO Employer _ - Page 2 Rapid Recovery, Inc. April 1, 2002 b�• �q'1 This violation of Saint Paul L,egislative Code §361.08 forms the basis for adverse action against your license. The recommendation from the licensing office is for a$1,OQ0.00 fine and a 30 day suspension of your Tow Truck/Wrecker license. The suspension would be stayed for a period of 18 months on the condition that there be no same or similar violations during that 18 month period and that you pay the �1,000.00 fine. If you do not dispute the above facts and do not wish to have a public hearin�, you will need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a waiver of the hearing to which you are entitled and agreement to the stayed suspension of your Tow TrucklWrecker license. Altematively, if you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Thursday, April 1 l, 2002. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you do dispute the above Facts, a hearing will be scheduled before an Administrative La�v 7ud�e. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise my legal assistant, Peter Pangbom, and we will take the necessary steps to schedule the administrative hearing. He can be reached at 266- 8710. If we have not heard from you by Thursday, April 11, 2002, we will assume that you do not contest the facts and wili schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. Sincerely, /"� ��.�.�.��L J ` � �� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, �' 5 5 1 1 7-4920 AA-ADA-EEO Employer oy � 7 g'? STATE OF MINNESOTA � ) ss. ) AFFIDAVIT OF SERV=CE BY MAIL COUNTY OF RAMSEY JOAISNE G. CL�NTS, being first duly sworn, deposes and says that on April 1, 2002, she served the attached NOTICE OF VSOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Rapid Recovery 240 Sycamore Street W. St. Paul, MN. 55117 (which is the last known same, with postage prepaid Minnesota. 5ubscribed and sworn to before me this 1st day of April, 2002. Notary address of said person) depositing the in the United States mails at St. Paul, �� `TT� PETER P. PAhGBORN NO?AR'{ PUBUC - MINNESOiA 11C • �,�. 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O a� L N Q— N� U >'O "L'�- C � V fG @ O N.� � O V�� E '6 M � �_ C O O C o � c�? �� 3�p_I- o m '� N - p ,�>+ N �� C V� N'O �� >�oF � a"i � 3>.� Uy 'dc - a�@crnaa� -p U.+ N U� t4 C'O fl - p��' N O'o N N'O—' �y..�. C F- mQ� G m�� o o a> N� U N N E N a-'O N 3 QL o� �o yoom� �y o. �oZ'�-oo N O . N 7 3 N N �. (0 U �� EN p O�� U'O � � O N� �� C � N t � N j N oF» oa-� �'1 sz�nr PAOL � AAAA CITY OF SAINT PAUL Randy G %Ily, Mayor March 12, 2002 Mr. Peter Olson Rapid Recovery Towing 240 W. Sycamore Street Saint Paul, Minnesota 55117 Dear Mr. Olson: DEPARTMENT OF POLICE p�,� Willimn g Fvu+ey. Chief of PoGce IOOE. Flevnph Strea Telephone: 651-291-IIII Si. Pm�{ Minnerota 55101 F�imile_� 651_292-371I This letter is sent pursuant to our phone conversation from eazlier today. On Monday, March 11, 2002, Rapid Recovery Towing towed several vehicles from the pazking lot of 1247 St. Anthony Avenue. Those vehicles were taken to your private lot at 240 W. Sycamore. After receiving those vehicles, someone from Rapid Recovery Towing called the Saint Paul Police Department Communication Center and provided information for each of the vehicles towed. One of the vehicles was a reported stolen vehicle from Robbinsdale, Minnesota. It was then necessary to send a police contract tow truck to your lot and take the vehicle into police custody. It should be noted this vehicle had been entered as a stolen vehicie on Mazch 4, 2002. It also appeazs there have been several o[her occasions this yeaz in which it was necessary for the Saint Paul Police Department to recover stolen vehicles from your lot since you had already towed them. Rapid Recovery Towing is licensed to do business in the City of Saint Paul. As such you aze expected to comply with the conditions of your license. One of those conditions would be adherence to Ord. 361.08 which requires you to notify the police depaztrnent before you tow a vehicle from private property. A copy of this Ordinance is included for your information. The purpose of this letter is to inform you of this requirement and to tell you that Rapid Recovery Towing is to notify the Saint Paul Police Department prior to towing a vehicle from private property. Please contact the writer at 292-3520 if you have any questions. Thank you for your attention to trus matter. Sincerely, William K. Finney CHIEF OF POLICE Gregory Pye, C MNIANDER Support Services Division cc: A/C Gardell Cdr. Fischer, ECC Rogez Curtis, L.I.E.P. An Ajrvmanbe Action Fqrui[ Oppartrmuy Empfoyn Cnapter.s6:. Wreckers aad Tow Tmcks http://www.stpaul.gov/code/Ic361. htm - �,,, 79'1 (3) A statement that there wi11 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 vehicies, together wzth the exact location of such Iot or lots, with changes to be made l�own to the Office of License, Inspections and Environmental Protection unmedia�ely in wrr�.ing. (4) A true and current list of the names and addresses of all drivers employed by the licensee. (C.F. No. 93-1795, § 6, 12-I6-93) Sec. 361.06. Bond. Licensees shall file a surety bond in the sum of ten thousand dollazs ($ I0,000.00) conditioned upon the proper handling and safekeeping of vehicles, accessories, and personai property and the guaranty of reimbursement to owners for loss. The surety bond shall not be cancelled except upon thirry (30) days' prior notice in writing to the Office of License, Inspections and Environmental Protection. (C.F. No. 93-1795, § 7, 12-16-93) Sec. 361.07. Fixed service fee. When the owner or operator appeazs before the intended vehicle is hooked on the hoist and the wheels thereof raised from the ground by a wrecker or tow truck service vehicle, the service vehicle operator shall allow the vehicle to leave without payment of a fee or towing charge. When the wrecker or tow truck service vehicle operator has a vehicle on the hoist and the wheels thereof raised from the ground and the owner or operator thereof appeazs, the se:vice v�hicle oge: ator shall release the veh�cle npon payment of a fiYed service fee or drop charge and give a receipt for such payment. (C.F. No. 93-1795, § 8, 12-16-93) Sec. 361.08. Order form, police reports and notification to owners. Licensees, when providing wrecker or tow huck motor vehicle seivice, shall use a printed order form which includes the name of the licensee's business, the address and telephone number of the storage lot, and the name ofthe person authorizing the service, printed and signed by such person in a legible manner and stating such authorizing person's business address, telephone number, and listing the time the service was ordered, and a descriprion of the vehicle to be removed including the year, model, manufacturer and license number of said vehicle. Said persoa authc::zing the service and signing the above order form must be an owner or licensee of �he property from which the velucle is to be removed or a duly authorized agent of such owner or licensee, other than a licensee under this chapter or any agent or employee of such licensee. The wrecker or tow truck motor vehicle service vehicle operator shall have this autfiorized service order form signed, fully completed and in personal possession before hooking up 10 the.vehicle.to be serviced. The amount chazged for the service shall be included on this order form and a copy of this form shall be given to the individual reclaiming the vehicie. Every wrecker or tow truck motor velucle service licensee shall, prior to towing any vehicle, telephone to the auto desk of the police department, giving the license number and description of the vehicle, a description of the location from which the vehicle is to be removed and the location ofthe storage lot where the vehicIe is to be impounded The licensee shall receive a reply from the police auto desk on the status ofthe velucle prior to towing. Every wrecker or tow truck motor vehicle service licensee shall, within forry-eight (48) hours of recei�zn� a towed vehicle, give written notice to the last listed owner according to the motor vehicle registration records oi the location of the towed vehicle. 3 of7 3i12!G2113fr: '4 DATE: � PLEASE DEIIVER TO: FAX TRANSMlTTAL Saint Paui Police Depar�ment 100 East 11th Street Saint Paul, MN 55901 (651) 291-1111 �-Ia-p�. K-rl S POLICE DEPARTMENTfAGENCY1CaMPANY: � PHONE NUMBER: FAX NUMBER: FROM: �]� � �^ �� rn�rvt numBER (Piease call If you Qid not receiw allp b� � a� a �f�� NUMBER OF PAGES (Including this cover sheet): � . SAINT PAUL AAAII � COMPLAINT NUMHER (CN): or they were iilegibtg): �• NOTES: Y�� C9�e�� Saint paul Police Department William K. Rnney, Chiel o( Po(ice a�• 6+S(X+S �i' � � �� ,�c �n �-!� n S-�� . ' 1 SAINT PAUL POLICE DEPARTMENT TOWED VEHICLE REPORT � oau+a .�.ri��J CCAf' � O 0�.'�9� � _....,m ..uri - rce� . . ,_W07b.�. .�. . , �� - : K :�':� � '�zll: =�-f:�� as f=�..�� .- •� � � Gm� Pcx. Pnone gux. -,VatGUereet f41ce - . : �?7 Y�'., C.olor(W ' � - •. V,lN. ,�. � . � " Li b+z-= " S'ir �,..-, : '/f �-�.�LSyk Rl � `�3a�i 4mn9n NufibYr " SWfe - Year -� . Tao t� � MI�Bapa . aG � � �� ri�- : . � ;: " - _ I6� Tvas II wngx� Beaery Raab 7ePerCO Plerir _ Spare .. - Aa�el LF LR� RF� RR� yea�� No � Yes � No � Vna� No � Vea � No � Yoa� No � V+t1y vet+Y'JU 7awvd � ., � If nnenoonea. 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Em1a�n L � — 4ENICLE �aa U "� U HISTORY S�e�+a CBA ❑ NC ❑ UNF ❑ EXCP CA Lab p�p Yes u Na SOIC et Aunla Traftic __C Records � Other O � Z N � � � � -�f G C RpOaBtl GI �• �- ;7a CYar. _ PM 150-9GR Lice��se Group Comments Text Licensee: Rqp�D RECOVERY INC �BA� RAPIDRECOVERYINC License#: y00�0000273 03120l2002 0�� \� 0320/2002 To CAO for adverse action. LIEP is requesting a 57000 fine, and stayed 30 day license suspension with no same or similar. CAR 03/'12/2002 Received letter from SPPD indicating that Rapid Recovery is not notifying the police department of tows before the tow is made. This is a violation of the legislative code. CAR 01l37/2002 Recd. notice of change in towing fees.KS � 09Y24/2001 Requested licensee submit $'132.00 for iwo additonal vehicles added at renewal. LAB Conditions on landscaping will not be met by deadline on license. They are working with Tom Beach and Ramsey Cty. Hope to have completed by 7/2001.4l16/01 K.S. 1/24/0'I veh. inspected and stickers issued.KS. �� n�� iAR � %:i�i � - � - �1��' �,T i �R��Y �,_'] 9'1 iltltlress � Licensee � CwRact � Lcense l Cvtlholtler � 1 Type C p�operty r Licenue r Unofficiel C. All Street i �— SVeN Name YCAMORE StreH Type: <AIb Oirection: <Alb i� UnRA: � CdY, eAlb ��: .�� <<�.- . r� ` � a��`^ � 74fi73 _ DOUGL4SPOOlf00UG5RECYCLWG Recyc�nyProcessuCanceletl 4-95&-NOlar�eraperatingPlf30J1997 03A7YI998240! '__ _, insa 0 JAMESRERII2 APIXAUTOSALVAGIMUtaVehicleSelv�Cenreled 07f267198804119179892II0: _ ' " " " _ ____ "" ___'... . __ _ ' "" _ __ _ .' _'" "_" _ "_" 62273 � A PLUS AUTO PPA-PLUS AUTO PARTS FAutw Yehicle SaIVSCenceled 07I7771989 0217611990240: _ ' _'_""._ """_"' __' " ''' _' _ ""_.'_ '____- D2400.9 � DOUG POOLEV UOl1G POOLEY Dog Regtda� _ �vNthdrawi6-8-98 NO LONGFR OVM'SD6f15J1997 O6fdOJI999240: _ " _ ' '" _" "__"'""_"_..�—_"' _—_ _ _ 6494 DOUG POOLEY �OUG POOLEY Dog Regi3er ;DetirqueNLicense expiretl rm pm[ ; WR371 S97 OBfd1t1998240: 980000328 � DAL WC LPD AUTO RecyGNg ProcessiiCanceled U7 R3f1001 OB as coMirrtr 04N71f 598 04N1R000240: TowiruckNV}ecke�Active LicensePrYRed 02A7f2001 OBN6R002240 . .. � '.":...:�, .;_. �" "' �`-�.�' � _ . _ . . x f.. . .. _.r.<. . _. . . :f OZ-�� TYPe stre: Sire; S4e4 Dire� UM CAy License � ; G Propvty ; Street C. SYreet Name: � SlreEt Type. Und Irxf Cdy State: Ward � Dut Cauncil: Licensee: � D8A � � Sales Tax Id: � L.. � bY`�; .. � _ Licensee D RECOV92Y PIC s '�� D&4 m RECOVERY INC -__ _ ..... ... _ Licensee � Lic. Typcs l� hsurence �; Band � Requ'vemeNS l _ r Licensee !� Unofficim � PrqeCFecOdeta^ ASl1NqON.CORWNE _ in Advuse Adbn CammuM1s DirecGan Untl R. Zip: SSt 77 ��LIEP is requesiing a 57000 fine, aM � I stayed 30 tley ficense suspension wdh J + � no same or simiar. CR.R = ---- � 0.3f17R002 Receivetl lettu from SPPD Ntlicating that � k 1C ._—"---- Licertsee ---�--- _"__ dr Cammer6s Bus :w7 32 .02N1f1001 ; �BR�if1002 N _' ' _':-._...___'_"__'_° '_"'__" -) ;R � 02+D1R007 � �BN62002 N _�. _..__.�_Yi._�___..._._�_ _. TalaL• LL _"_" 98W[i V�nse # pt OOW2'. �''_'_ =/';� ='==.i�„;;�*..,�:�'„a_�.;;SFZ.z,^';" 0�.-39� ��;� . � , _ � m� T�°: �_ � ` - - DBA D RECOVS2Y INC �� . .�-�. ��-.�..r _ _ Stre_ License Licensee � Lic.Types , 4uurarze � Bontl � RequvemerRs, Strz� L�censeeName: APIDRECOVFRYINC ."�� :°°'..�-. <,:%��:','- p DBA APIDRECOVERYINC Unrt Sciles T3� id 73B46t nlpn-ProtiC (- 'NOrker's Comp ?At ROOt "��5-" :.A CoMrad Rec'd: Oi0000 AA TreNing Rec'tl: OAON000 C � AA Fze Ca72tttd: Oi0000 DiscwrR Rec'tl' r Other A enc Licenses Finenasl Holtl Re9sons — ouie4t(,anst9st:AS�.�'�".�+cetfic�j��•,. ' '4rnei� ..os.��'`;�`r�1b"'� �.,.�g;'" giCictPve,�'�;-F��-� t `s"e,� �� 2°" �'�`�""-�if•Ma7TOCOMad snessMf01f23R00790A�D0�GRUETT_ JARED(EDWAWWJER I651)665-0022(61'�(' ' ___ - _- ' ___" .. � .. ' Licnnse Address _""' __ __'_"""'_ °___'___""__"__""" ier Ot123R001.00R10lOOOIOLSON """PET92 MAN.4GER/AS�'6517665-0022(65<< — ws 0123fdNiDOrt10N[IO�GRUETT JARED(EWY�WM�R '(65776650022.(61� MeilnvoiceTa— — . . . _ _ '_ ' ___ , � MB�I Ta CorReC ��.�F,_...__ ....,.� .. . . __ .r.�,::,,P.:.^,'"a.�e'. P..�,,�'�.^."rz -��?r��°�...>..,:P°.�t �LicenseAddress Bsckgrourid Check Req�mW r License # �Dt 0000273 Seve Charges ta Hiatay 999 240: 998 240: 000240'. TowTnxkMheckerACtrve LicensePrided O7AtR001 08rt1fi2002240 � ... . - • _--. ,�.. . .._ .. r .._ ' .�... _ .. _. ?, �a-3q� IN RE THE MATTER OF CITY OF SAINT PAUL AND RAPID RECOVERY, INC. AFFIDAVIT OF PETER OLSON STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) PETER OLSON, being first duly sworn on oath, deposes and states as follows, that: That, I am one of the owners of Rapid Recovery, Inc., a towing company located at 240 West Sycamore S��et, St. Pa��i, A.�i^.R0SQt2. 2. That, Rapid Recovery, Inc. has been licensed and doing business in the City of St. Paul since January of 2001. 3. That, pursuant to St. Paul Legislative Code §361.08, Rapid Recovery, Inc. has made it its business practice to notify the St. Paul Police Department of vehicle information prior to towing vehicies. 4. That, throughout its course of business, including the date of Mazch 11, 2002, Rapid Recovery, Ina l�ad rarely been notified by the St. Paul Police Departrnent that a vehicle was stolen until after it was already en route to the Rapid Recovery impound lot, or was actually at the lot. 5. That, the St. Paul Police Deparlment would often put the Rapid Recovery dispatcher on hold for a period of fime, or actually take the vehicle information, and call back at a later time if there was a stolen vehicle. 6. That, during our approximate fourteen months in business between January 2001, and March ? 1, 2�02, Rapid R?eovery, Inc. was never notifed by the Sf. Paul Police Dena*�tment, or the City of St. Paul, that there was any problem with the St. Paul Police Departrnent picking up stolen vehicles from the Rapid Recovery impound lot. This happened appro�mately nine times, including March 11, 2002. 7. That, the first notification that Rapid Recovery received regazding any possible ordinance violation was after March I 1, 2002, in a letter from St. Paul Police Commissioner Gregory Pye. 8. That, since March 11, 2002, Rapid Recovery, Inc. has imposed a strict company policy regazding not only notifying the St. Paul Police Depariment of prospective tows prior to towing, but also receiving a reply from the police prior to towing. 6a-�q� 9. That, on April 1, 2002, Rapid Recovery was instructed by the St. Paul Police Department to tipi✓a known stolen vehicle to the Rapid Recovery unpound lot. This instruction seems to be in contradiction to policy established as of March 12, 2002. 10. That, I azn committed, on behalf of mysel f and Rapid Recovery, Inc. to work with the City of St. Paul to establish a consistent, workable policy regazding the notification and towing of stolen vehicles. FURTHER YOUR AFFIANT SAITH NOT Subscribed and sworn to before me this � day of April, 2002. �(�.-,`,�, �� +�n� -de�iJ " � �JU"l PUBLIC � � � �_1� PETER OLSON , 1ENNIFER L. LIVINGS ��' votary PuWic �p .... `rinnesola a7^� !_,ssian E�Okeed1n.87.2g06 c�a-�q� iN RE THE MATTER OF CITY OF SAINT PAUL AND RAPID RECOVERY, INC. STATE OF MINNESOTA COUNTY OF RAMSEY � AFFIDAVIT OF KELLY DILLARD ) ) ss. ) KELLY DILLARD, being first duly sworn on oath, deposes and states as follows, that: That, I am employed by Rapid Recovery, Inc., as an office radio dispatcher. That, I was working as the company dispatcher on Mazch 11, 2002. 3. That, on the moming of Mazch 11, 2002, I was nofified by company tow truck drivers that there were several vehicles located at 1247 St. Anthony Avenue that were being prepared to be towed. 4. That, consistent with company policy, I called the St. Pau1 Police Deparnnent to norify the police of the pending tows, and to give them the make, models, and plate numbers of the vehicles. 5. That, after giving the police departrnent the vehicle information, I was put on hold for approximately 20 minutes prior to being informed that one of the vehicles, specifically a silver Buick Century, Plate No. 263 PRX, was stolen. 6. That, by the time I was notified that the aforementioned vehicle was stolen, the car was either en route to our unpound 1ot, or had actually arrived at our lot. The iravel time between 1247 St. Anthony Avenue and the Rapid Recovery impound lot is approximately ten minutes. 7. That, the St. Paul Police Denaztment had the stolen vehicle picked up from the Rapid Recovery impound lot. FURTHER YOUR AFFIANT SAITH NOT. ��— Kelly �llazd Subscribed and sworn to before me this � day of April, 2002. ,�� t� OT PUBLIC ,,. JENNIFER L. LiVffdGS �AS�_ NotaryPublic ^ �` MiMBSWa ':'�-�"'� M� oo�[yp'vesJan.31.2(q5 04/12/2002 09:04 612724720B GRUETT TOWING ZNC. PAGE 02 � -� oa-3q� ��':� . ; l � &' �' .� �' o � � c `� .,� ,^.. � � � w � �' � 1 � :a � � (f� (/� t -.� ��'� I�f !", �,�� ,,:' �. � -� ^ � � va 3 3 ,�. � ( +�c.= �,� � � �.,. 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Wreckers andTow Trucks* Page 1 of 6 ��-�97 *Editor`s aote—Tha provisions formerly codified as Ch: 361, Tow Trucks—Service Vehicles, derived from Ch. 161 of the city's 1956 Code, were repealed by Ord No. 16879, adopted Feb. 2, 1982, which ordinance also enacted anew Ch. 361 as herein set out. Since the enactment of these new provisions, Ch. 361 has been amendedby Ord. No. 17122, adopted Mazch 22, 1984; and Ord No. 17161, Sept. 13, 1984; and C.F. No. 93-1795, §§ 1-24, adopted Dec. 16, 1993: Sec. 361.01. Definitions. For the purpose of this chapter, the following words and terms are defined and shall be construed as hereinafter set forth unless it is apparent from the context that they shall have a different meaning: Wrecker or tow truck motor vehicle service shall mean the removing of a motor velucle by towing or puslvng from private property at the request of a.person who is neither the owner or operator nor agent of the owner or operator of the vehicle. Service vehicte shall mean any motorvehicle which is designed to or does provide any type of service, including, butnot limited to, towing, pushing or car starting, except that velucle transports or multi-car hauling vehicles shall not be construed to mean service vehicles for the purpose of this chapter. (C.F. No. 93-1795; § 1, 12-16-93) Sec. 361:02. License required. No person shall provide any wrecker ar tow truck service as described in section 361.01 nor shall any person pemut such service vehicles to be kept or maintained in the City of Saint Paul without being licensed under tlus chapter. (C.F. No. 93-1795, § 2, 12-16-93) Sec.3b1.03. Vehicles exempted. (1) This chapter shall not apply to wrecker or tow truck service vehicles operated by for-hire carriers who have been issued a certificate or permit by the public service commission or the Interstate Commerce Commission and whose services are solely restricted to properly idenrified commercial carrier vehicles utilizing properly identified service vehicles. For purposes of ttus exemption, "properly ideittified" means the name and address of the for-lure carrier affixed on both sides of the vehicle in letters not less than Chree (3) inches in heighz." (2) Thia chapter shall additionally not apply to vehicle transports or mulri-carhauling vehicles. (C.F. No. 93-1795, § 3, 12-16-93) Sec. 361.04. Approval required forchange of service vehicle. . �_� \ � �� -J _ ' ` , '�, http:lJwww.stpaul.gov/codellc361.htm1 08/29/2001 �� ' f'- i Wieckers�and Tow Trucks*Ustrong> Page 2 of 6 0�--3q7 Such license shall constitute aregistration of the vehicle so licensed and no other vehicle may be used without the writtenapproval of the Office of License, Inspecrions andEnvironmental Protection. In the _� event the licensee during. the license yeardesires to change. the velucie or vehicles so licensed, the licensee shall make application describing the new vehicle orvehicles to be used and upon payment of a fee of ten dollars ($10.00) for each replacement vehicle shall submit said application to the Office of License, Inspections and Environmental Protection for approval. If such approval is obtained, license certificates shall ba issued and affiaced as provided for in section 36117. (C.F. No. 93-1795, § 5, 12-16-93) Sec. 361.05. Applicaiion procedure. Applicarion for a wrecker or tow truck service vehicle license shall be made upon forms provided by the Office of License, Inspections andEnvironmental Protection. The license inspector shall invesrigate the matters contained therein and convey approval ordisapproval of the application to the city council. The application shall contain among otherthings: (1) A true and correct list of all contracted orotherwise used private property towing locations and persons with authority to sign,tow order forms, and the Office of License, Inspections and Environmental Protection shall be immediately notified.in writing when changes occur therein. (2) A record and establishment of reasonable fixed towing and fixed drop charges, which �ixed charges shall be on file with the license inspector's office, which office is to be notified immediately in wriring as changes occur therein in such rate. (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 velucles, 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 wri6ng. (4) A true and current list of the names and addresses of all drivers employed by the licensee. (C.F. No. 93-1795, § 6, 12-16-93) Sec. 361.06. Bond. Licensees shall file a surety bond in the sum of ten thousand dollars ($10,000.00) conditioned upon the proper handling and safekeeping of vehicies, accessories, and personal property and the guazanty of reimbursement to owners for loss. The surety bond shall not be cancelied except upon thirty (30) days' prior notice in writing to the Office of License, Inspections and Environmental Protection. (C`F. No. 93-1795, § 7, 12-16-93) Sec. 361.07: Fixed service fee. When the owner or operator appears before the intended vehicle is hooked on the hoist and the wheels thereof raised from the ground by a wrecker or tow truck service vehicle, the service vehicle operator shall allow the vehicle to leave without payment of afee ortowing chazge. When the wrecker or tow truck service vehicle operatorhas a vehicle on the: hoist and-the wheels thereof raised from the ground and the owner or operatorthereof appears, the service. ve2ucle operator shall release the vehicle upon http:(1www.stpaul.govlcode/1c361.html 08129/2001 Chapter361. Wreckers and Tow Trucks*</strong> payment of a fixed service fee or drog charge and give a receipt for such payment. (C.F. No. 93-1795, § 8, 12-16-93) Sec. 361.08. Order form, police reports and notificario¢ to owners. Licensees, when providing wrecker or tow truck motor vehicle service, shall use a printed order form which includes the name of the licensee's business, the address and telephone nuxnber of the storage lol, and the name of the person authorizing the service, printed and signed by such person in a legible manner and stating such authorizing person's business address, telephone number, and listing the time the service was ordered, and a description of the vehicle to be removed including the year, model, manufacturer and license number of said vehicle. Said person authorizing the service and signing the above order form must be an owner or licensee of the property from which the vehicle is to be removed or a duly authorized agent of such owner or licensee, other than a licensee under this chapter or any agent or employee of such licensee. The wrecker or tow truck motor vehicle service vehicle operator shall have ttris authorized service order form signed, fuily completed and in personal possession before hooking up to the vehicle to be serviced. The amount charged the service shail be inciuded on this order form and a copy of this form shall be given to the individual reclaiming the vehicle. Every wrecker or tow truck motor vehicle service licensee shall, prior to towing any vehicle, telephone to the auto desk of the police. deparnnent, giving the licensa numberand description of the vehicle, a description of the locarion from which thc vehicie is to be removed.and the location of the storage lot where the vehicle is to 6e impounded. The licensee shall receive a reply from the police auto desk on the status of the vehicle prior to towing. Every wrecker or tow truck motor vehicle service licensee shall, within forry-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. (C.F. No. 93-1795, § 9, 12-16-93; C.F. No. 98-373, § 1, 6-3-98) Sec. 361.09. Remuneration prohibited. (a) It is unlawful for a licensee to pay any temuneration to a person for providing wrecker or tow truck motor velucle service pursuant to that person's authorization. (b) It is unlawful for any person authorizing wrecker or tow huck motor vehicle service to receive remuneration from a licensee for providing that service pursuant to that person's authorization. (C.F. No. 93-1795, § 10, 12-16-93) Sec. 361.10. Records required. Ali wrecker or tow h-uck licensees shall have a book in which shall be clearly written in ink and in the �nglish language at the time the service is completed: an accurate description of the services provided; the place where the service was provided or from which a vehicle was towed; the fuil name of the driver of the service vehicle; the license plate number of the motor vehicle serviced and the name and resident addr�ss of the person requesting or authorizing the service. All such books maintained by a licensee shall be open to inspection at all reasonable times by the mayor, any member of the police force or any inspector of the Office of License, Inspections and Environmental Protection. (C.F. No. 93-1795, § 11, 12-16-93) Page 3 of 6 �"d -�9? http://www.stpaul.gov/code/Ic361.htm1 08/29/2001 Chapter361. Wreckers andTow Trucks*</strong> Page 4 of 6 o a --� 9 7 Sec. 3"61.15. Owner's-righYto inspect � No person licensed to provide wrecker or tow truck motor vehicle service shall demand payment for � services provided or the signing of a receipt for delivery or a release from liability for damages grior to ailowing the owner or operator of a vehicle a reasonable opportunity to inspect the vehicle for damages or loss of contents. (C.F. No. 93-1795, § 12, 12-16-93) Sec. 361.17. Locafion of storage lot No licensee shall tow a motor vehicle from private property under orders of one not the owner or operator of the vehicle to a storage lot wluch is outside the limits of the City of Saint Paul unless the location of the lot has been specifically-approved by the city council. All licensees shall, immediately upon hooking up to a vehicle to be towed from private property under orders of one not the owner or operator of such vehicle, tow the vehicle directly to a twenty-four-houron-duty storage lot owned or operated by such licensee, and such towed vehicle shall not be temporarily dropped, placed or left at any other lot or on any other properiy. (C.F. No. 93-1795, § 13, 12-16-93) Sec. 361.13. License-fee. The annual license fee for a wrecker or tow truck licensee shall be five hundred sixty-seven dollars ($567.00) and seventeen'dollars ($17.00) for each vehicle used. (C.F. No. 93-1795, § 14, 12-16-93) Sec. 361.14. Annual inspection of equipment {a) Every wrecker or tow truck service velucle shall be thoroughly and carefully examined at least once every calendar year by the Office of License, Inspections and Environmental Protection or an authorized representative thereof to determine whether it complies with the following: (1) To be thoroughly safe for providing the services described in this chapter. (2) To be equipped with a 2Al OBC or larger fire extinguisher, as approved by the fire marshal, properly charged and in good working order at all times. (3) To be clean in appearance and well painted. (4� To have the operaring name, address and telephone number affixed in a permanent manner on the outer side of each of the front doors of the vehicle or on the side of the vehicle in letters of not less than three (3) inches in height. s (b) The council may take adverse action against the license issued for any wrecker or tow truck service vehicle which is not inspected in accordance with this section, which does not meet the requirements above, or which is not made available for inspection at the request of the inspector. (C.F. No. 93-1795, § 16, 12-16-93) http:l/www.stpaui.gov/code/Ic361.htrn1 08/29/2Q01 Chapter361. Wreckers andTow Tiucks*'</strong> Sec: 3611� Postin�fee schedule The schedule of minimum noncontract fees shall be posted at the business location and inside each vehicle. In the event a_wrecker ortow truck service vehicle is called to the scene of an individual seeldng assistance and such assistance is offered but no longer needed, the maYimum chazge which may be assessed shall be the minimum service charge stated in the license application and on posted schedule of fees. (C.F. No. 93-1795, § 17, 12-16-93) Sec. 361.16. Receiptfor service. va-��'7 Upon request, if the fee chazged is over twenty-five dollars ($25.00), the licensee shall give to the owner or operator of the vehicle serviced aprinted form teceipt stating the name of the business supplying the services, the license number underwhich the licensee is doing business underthis chapter, the fee charged forthe services, and the name or permanent pemut number of the operator of the vehicle rendering services. (C.F. No. 93-1795, § 18, 12-16-93) Sec. 3611?. License certificate to be attached to vehicle. Upon the requirements herein being complled with, there shall be issued to the licensee a suitable license certificate for each licensed vehicle. Every vehicle licensed under this chapter shall at all times hava the license certificaYe issued hereunder permanently and prominently fastene& on the upper one- half of the driver's door of the velucle. (C.F. No. 93-1795, § 19, 12-16-93) Sec. 361.18. Denial, suspension and revocation. Any license under this chaptermay be denied, suspended, revoked or renewal refused for any one (1) or more of the following causes: (1) Fraud, misrepresentation or bribery in securing a license; (2) The making of any false statement as to a material matter in any application for a license; (3) Repeatedly causing damage or injury to vehicles being serviced due to the negligence or lack of skill of the o�uner or operator of the licensed vehicle; (4�'Railure to pay or make arraugements to pay within ninety (90) days any fmal judgment arising out of the ownerslup, use or operation of a licensed vehicle; (5) Failure to compiy with any provision of this chapter. (C.F. No. 93-1795, § 21, 12-16-93) Sec. 361.19. AccidenYServices. Page 5 of 6 http://www.stpaul.gov/code/1c361.hhn1 08/29l2001 _�� Chapter361. Wreckers and Tow Trucks*4strong> Page 6 of 6 b�..-'�9? (a) No licensee shall provide any service described in this chapter to any motor vehicie involved in an accidentwhen a police officer orotherpeace o�icer is investigating that accident without pemussion of_� that officer. (b) No licensee shall solicit or contract for the providing of services as described in this chapter to any vehicie involved in an accident at the scene of that accident until a police officer has arrived and given permission to do so. (c) Any licensee providing wrecker ortow truck services to any motor vehicle involved in an accident shall remove or cause to be removed any glass or other injurious substance dropped upon the street or highway from such vehicle towed (C.F. No. 93-1795, § 22, 12-16-93) Sec: 361.20. Insurance.. Each applicant for a license underthis chapter shall file with the Office of License, Inspections and Environmental Protecrion a public liability policy or certificate of �n�„*ance from a company authorized to do business in Minnesota insuring the applicant against any and all liability incurred in the use or operations of the vehicle licensed under this chapter including the providing of wrecker or tow truck motor vehicle service defined in section 361.01. The policy of insurance shall be in the limits of not less than one hundred thousand dollars ($100,000.00) for injury ordeath to one (1) person, three hundred thousand dollars ($300,000.00) for each occurrence, and one hundred thousand dollars ($100,000.00) property damage. (C.F. No. 93-1795, § 23, 12-16-93) Sec. 361.21. Reciprocity. Wrecker or tow truck service vehicles which are licensed in other municipalities under the provisions of a licensing and regulatory ordinance whose requirements and restrictions are equal to the provisions hereunder may be licensed without additionai fee to operate within the City of Saint Paul upon filing proof with the Office of License, Inspections and Environmental Protection, provided, however, that the terms of such municipality's licensing ordinance contain the same privileges, responsibiliries and mutual reciprociries as aze herein provided. Upon filing said proof, the Office of License, Inspections and Environmental Protection shall issue a license certificate for each vehicle to be so licensed. (C.F. No. 93-1795, § 24, 12-16-93) a http://www.stpaul.gov/code/Ic361.htm1 08/29/2001