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03-282Council File # '3 � � a Green Sheet # QQ g RESOLUTION CITY OF SAINT PAUi., MINNESOTA , S Presented By Refened To Committee: Date 1 � 2 RESOLVED, that the Taxicab Vehicle license (License ID No. �9990000587) for vehicle 3 #123, held by American Tasicab Service Corporation d/b/a Americab; located at 137 Mount Airy 4 Street is hereby revoked for failing to maintain vehicle insurance as required pursuant to Saint 5 Paul Legislative Code § 376.06 (g). This Resolution and the acti�n taken above are based upon 6 the facts contained in the February 24, 2003 IVotice of Violati n letter to the licensee. The 7 licensee did not respond to the Notice of Violation letter. � �,�d"� �Dc� `��` �� \ S`� �� Requested by Department of: Adopted by Council/ Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: B ��.��a.� � � DEe��,�r,�rro��c��o�ca: DA� INTT��D GREEN SHEET No.: 200318 03 —��i LIEP March 12, 2003 CONTACT PERSON & YHONE: INTrSAI1DATE IN1T1AL/DATE Virginia Palmer (266-8710) � n�rniz�vT nm. crrY covrscn, MIIST BE ON COUNCII. AGENDA BY (DAT� �IGN _ C1TY ATIORNEY _ C1TY CLERK M3TCi1ZE>�L003�CAI1SEIIt� g�g MAYOR(ORASS .)� _CNII. ERVICECONIMISSION ROIITAVG ORDER T01'AL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acriox �QVES�n: Adverse acfion against the TaYicab Vehicle License held by American Taxicab Service Corporation, d/b/a Americab for Velucle #123 RECOMMENDATIONS: Approve (A) or Rejecl (R) PERSONA7. SERVICE CONTRACTS M[JST ANSWER'ffiE FOLLOWING QUESTIONS: PIr1NNING COMMISSION 1. Has this person/fiim ever worked under a contract for this department? CIB CQMMI"CCEE Yes No CIVII. SERVICE COMMISSION 2. Has this person/fi=m ever been a ciry employee? Yes No 3. Dces this person/firm possess a skill not nottnally possessed by any cutrent ciry emptoyee? Yes No Explain all yes answers on separate shee[ and attach to greeo sheet IN11'fATING PROBLEM, ISSUE, OYPORTUNI7'1 (Whq Whay When, Where, Why): American Ta�cicab Service Corporation, d/6/a Americab has failed to maintain the tasicab vehicle ivsurance for vehicle #123 as required for licensing pursuant to St. Paul Legislative Code §376.06(g). � ADVANTAGESIFAPPROVED: �,�'g �}�sr.,,..,�±'��'1 �r?i1 Council action necessary to enforce licensing requirements. �;�� ', � 2�63 DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: City will have failed to enforced its own licensing requirements. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER= FINANCL4L INFQRMATION: (EXPLAIN) 1 \[ISERS�PANGBORN�geertsM1eet-ta�icab ap01 wpd Interdepartmental Memorandum C� 7 7 I r�� .`��► � 1[ Z:1 f I, DATE: March 24, 2003 TO: Council President Daniel Bostrom Councilmember Jerry Blakey - Wazd 1 Councilmember Chris Coleman - Ward 2 Councilmember Patrick Harris - Wazd 3 Councilmember 7ay Benanav - Ward 4 Councilmember Jim Reiter - Ward 5 Councilmember Daniel Bostrom - Wazd 6 Councilmember Kathy Lanh - Ward 7 FROM: Petez Pangborn Legal Assistant City Attorney's Office �� µ_�� ,.�.,: Ci0lD� r.�,��.� , __ _. �,�,:.... ��z3 - RE: Removal from March 26, 2003 Consent Agenda - Items # 15 and #16 Please remove items # 15 and # 16, Resolutions - 03-282 and 03-283 - Concerning adverse action against the Taa�icab Vehicle License held by American TaYicab Service Corporation, dib/a Americab for Vehicles # 123 and # 31 from the March 26, 2003 Council Consent Agenda. The licenseehasvoluntarilysurrenderedthesetwovehiclelicenses. Councilaction,therefor,isnolonger necessary. If you have any quesrion, I can be reached at ext. 6-8776. Thank yo� f / OFFICE OF THE CITY ATTORNEY O � r �$.� ManuelJ. Cervantes CiryAttorney CITY OF SAINT PALTL c;rirp;,�.�ron Randy C. Kelly, Mnyor 400 City Ha1! Telephone: 65! 266-8110 • ISWestKelloggBlvd. F¢csimile:651298-56l9 Saint Paul, Minnuota 55102 i March 12, 2003 NOTICE OF COUNCIL MEETING Gideon Adeda American Taacicab Service Corporation 137 Mount Airy Street Saint Paul, MN 55101 RE: Taxicab vehicle license held by American Taxicab Service Corporation, dJbla Americab for Vehicle #123 License ID #: 19990000587 Dear Mr. Adeda: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, March 26, 2003 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 matter, in that the facts concerning the lapse in the vehicle insurance for the above referenced vehicle have not been denied. As indicated, this matter has been placed on the consent agenda portion of the City Council meeting, during which no public discussion is allowed. The recommendation of the license office is for the revocation of the taxicab vehicle license. If you have any questions, please call me at 266-8710. V ery truly yours, � � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Christine Rozek, Deputy Director of LIEP Rich Jents, LIEP Reid Soley, LIEP AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER o � _ ��,�, Licensee Name: Council Date: Viofation: American Taxicab Service Corporation d/b/a Americab for vehicle #123 Wednesday, March 2fi, 2003 Failure to maintain vehicle insurance St. Paul Legislative Code § 376.06(g) Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Revocation of Taxicab Vehicle License for Vehicle # 123 Attachments: 1. Proposed resolution 2. Notice of Violation 3. Notice Of Cancellation Of Insurance 4. 2/11/03 letter from Reid Soley to Gedion Adeda 5. 2/3/03 letter from Gedion Adeda to Reid Soley 6. License information AA-ADA-EEO Employer SAINi PAUL � AOAA CITY OF SAINT PAUL RandyC. Ke!!y, Mrryor February 24, 2003 OFFICE ? TAE CITY ATTOR�IEY MnnrcelJ. Cennntes, CiryAllorney O� -��1 Civil Division 400CiryHnfl Te(epltone:651266-87l0 ISiVestKelloggBh•d. Fncsimile=651298-Sb19 Snint Paul, htinnesota 5�102 NOTICE OF VIOLATION Gideon Adeda American Taxicab Service Corporation 137 Mount Airy Street Saint Paul, MN 55101 RE: Taxicab vehicle license held by American Taxicab Service Corporation, dlbla Americab for Vehicie #123 License ID #: 19990000587 Dear Mr. Adeda: The Office of License Inspections and Environmental Protection has recommended adverse action against the taxicab vehicle license held by American Taxicab Service Cocporation, d/b/a Americab for Vehicle #123. The basis for the recommendation is as follows: In January of 2003 you were notified by the Of�ce of LIEP that they had received information that your automobile insurance would be canceled for nonpayment as of February 17, 2003. Despite a reminder on January 28, 2003, the insurance was allowed to lapse. Saint Paul Legislative Code §376.Q6(g) states that "Any license issued under this chapter shall terminate whenever during the term of said license the owner, lessee, licensee or operator of said taxicab shall fail to keep in full force and effect such insurance or bond in the full amount hereinafter required." If you do not dispute the above facts please send me a letter �vith 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. The recommendation from the license office is for the immediate revocation of the vehicle license. AA-ADA-EEO Employer Page 2 Gideon Adeda February 24, 2003 O'� -lP }- On the other hand, if you wish to dispute the above facts, I wiil schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will lmow when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, March 6, 2003, how you wouid like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts and will schedule this matter for the St. Paut City Council and have it placed an the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, �/�L, ucc� �. ��—l' � ; b �w�— Virginia . Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Rich Jents, LIEP Reid Soley, LIEP AA-AQA-EEO Employer o� -ir}. STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COLJNTY OF RAMSEY ) 70ANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 25, 2003, served the attached NOTICE OF VIOLATTON placing a true and correct copy thereof in an envelope addressed as follows: Gideon Adeda American Ta�cicab Service Corporation 137 Mt. Airy Street St. Paul, MN. SS 10I (which ls the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. ��—�-., �-"�, Subscribed and swom to before me this 25th day of February, 2003. PETER � PAVGBOF2N NOSAHV t�l;o�JC' N.ikNE50TA ;@Y ��9A,tA1$S4Qi EXP;P-i.$ JA^i ? �3�5 Notary Public AMERICAN COUNTRY INSURANCE 500 W. MADfS N STREET, SUITE 600 3' a� �� r} CHICAGO IL 60661-4544 � �- � 130TiCE OF CANCELLATION OF INSURANCE � oy Named Insured & Mailing Adtlress: Producer. 10601 GEDfON ADEDA 8 Ati EBRAHIM TNIN CIT1' GROUP 137 MOUNT AIRY STREET ST. PAUL MN 55101 4500 PARK GLEN ROAD MIISNFAPOLfS MN 554t6 I ! Poiicy No.: TCA 0005271 � Type of Policy: AUTO LIABILITY AND PHYSICAL DAMAGE , Date of Cancellation: 02/17/2003 ; 12:01 A.M. Local Time at the mailing address of the Named Insured. We are cancefiing this policy, Your insurance wi11 cease on the Date of Canceilation shown above. 7he reason Por cancellation is NONPAYMENT OF PREMIUM -1N ORDER FOR YOUR POLICY COVERAGE TO REMAIN IN FORCE, WE MUST RECEIVE $9,825.00 THROUGH YOUR 2-19-03 INSTALLMENT PAYMENT NO LATER THAN THE CANCELLA'ftON EFFECTIVE DA7E. Notice of Possible Eligibility Through the Minnesota Automobife Insurance Plan: You may be eligible for insurance from the Minnesota Automobile Insurance Plan. All of the insurance companies providing Motor Vehicle Insurance policies in Minnesota are required to take their share of applicants from the pool. You may contact your agent or any other Iicensed agent for further information on the pian and how to appty for coverage through the plan. j/��C? . ^� t�� 1 �� ,Y� U v N � � o�n J � ) I; C... �1 r I �� `, j � �' �" `r !\ � � _ �� / n� f/�sl L � � `�+�� ; , � �" _ U L � �. Date Mailed: 13th day of January,2003 Additional Insured TCA 0005271 CITY OF ST. PAUL OFFICE OF LIEP 350 ST. PETER STRET #300 ST. PAUL MN 55102 �� ' �� AuJ�orized Company Representa6ve MNCCINONFMN7 OOEN3 0 o2.t0a Copy for Atlditronal Insured Ot132p03tdYY FORM# CC969727MN81995 Page t cf 1 OFFICE OF LICGNS[. INSPECTIONS AND O1 ��` �" ENVIRONMENTAL PROTECIION Jnneen E. Rosns. Dveuor CITY OF SAINT PAUL Rnmly C. Keflyt Mnva� Eebrua�y 1 l, 2003 .americab .acn1: Gedion Adeda 13; vlount Airy St. St. Paiil, MN �5101 Dear vlr. Adeda: LOWRYPROFESSIO:Y.aLBUlLDI:�'G Telep6m+e: 65/-16l-9090 3�O S[. Peter Sb'eet. S�ute 300 Facsimile. 6.i!-7GG-917� SmntPnuf.�Ninnesotn35/02-ti/0 fVeb- l.vu�.astpauLnu+:<e;:e? americab taxicabs #31 (license #19990000586), #104 (license #0074918), and #123 (license #19990000�87) must be taken out of service at 12:01 a.m.. on February 17, 2003, if the insurance policy for those tasicabs has not been reinstated by that time. You have stated in a letter to me, dated Pebntary 3, 2003, that cabs #31 and TM123 are already out of service. [C the insurance policy is allowed to lapse, you must bring cab #104 to my office on Tuesday momin�, February 18 so that I can remove the Saint Paul taxicab license sticker from it. Chapter 376.06(g) of the Saint Paul legislative code states, "Any license issued under this chapter shali terminate wheneve� during the term of said license the owner, lessee, licensee or operator of said taxicab s1�a11 fail to keep in tull force and effect such insurance or bond in the full amount hereinafter required." This matter will be forv✓atded to the City Sttomey's Office for revocation if }ocr poltc}� is ailo�.vea to lap�� AddiTionally, if you reinstate the insurance policy for only one or two of ihe tasicabs insured under tha[ polic� revocation action will be brought against the licenses of those taxicabs which no longer will be covered by insurance. Sincerely, Reid Soley LIEP Inspector II AA-ADA-EEO Employer � � Chapter 376. Taxicabs* 1 ` v � '� ' 03 -zra- (e) No such bond or policy shall include or contain any limitation, condition or clause providin� in that such bond or policy shall not cover public vehicles menhoned or described or included therein when such automobiles aze driven, used, operated or maintained while the driver or occupants thereof aze into�cated or en�aged in the illicit transportation of liquor; and no such bond or policy shali contain any limitation, clause or provision whatever exceptin� and releasing any surety or insurer on any such bond or policy from liability thereunder by reason of any such automobile bein� driven, used or operated while the drivez or occupants thereof are intoxicated or enga�ed in the illicit iransportation of liquor. Provided that notlun� herein contained shall be construed to affect the defense of contributory ne�li�ence by the surery on any such bond or policy. ( fl The policy or bond hereinbefore provided for may be o �auially written or later extended to eover, during its term, any additional taYicab under the same ownership or control. (g) Any license issued undez tkus chapter shall terminate whenever during the term of said license the ocvner, lessee, ]icensee or operator of said taxicab shall fail to ke� in full force and effect such insurance or bond in ihe full amount hereinbefore required. The licensee must remain the ow�ner of the pubIic vehicle during the term of the license, and any change in ownership shall operate as a revocation of the license to operate such public vehicle. (Code 19�6, §]52.06(a); Ord. No. 17458, § 1, �-28-57; C.F. No. 97-870, § 1, 8-13-97) Sec. 376.67. Self-insurer. Notwithstandin� any other provision of law, the applicant or licensee may elect to qualify as a self- insurer in lieu of the liabiiity or indemnity insurance policy or bond required by secrion 376.06. To so elect, the applicant or licensee shail qualify as a self-insurer pursuant to the Minnesota No-Pault Automobile Insurance Act (Minnesota Statutes, Section 6�B.48), and shaIl before the issuance or renewal of any license is approved file evidence satisfactory to the inspector that the commissioner of insurance of the State of Minnesota has approved the licensee's or the applicanYs plan of self-insurance under the Minnesota No-Fault Automobile Insurance Act. Any licensee having in force and effect a plan of self-insuranc� pursuant to this section shall, before teruiination of any such plan, Qive the inspector written noiice, thirty (30) days in advance, of the date of such termination. Termination of an approved plan of self-insurance without having obtained a liabiliry or indemniry insurance policv or bond oursuanc to secrion 376.06 shall automatically revoke all tasicab :icenses held by the licenses. (Code 1956, § 152.06(h); C.F. I3o. 95-477, § i, 5-31-95; C.P. No. 97-870, § 1, 8-li-97} Sec_ 375.08. Applicant—Requirements. (a) Each applicant for license to operate for hire a public vehicle must comply w�th the followin� conditions to the satisfaction of the inspector: (1) Be the state license re�istered owner or a lessee, if the motor vehicle is the subject of a lease havin� an inihal term of six (6) months or lon�er, of the public vehicle. (2) Be of the age of ei�hteen (18) years, or over, in the case of an individual, and in the case of any eopartnersbip or corporation, must be authorized to operate tasicabs and cazry on business in accordance with the laws of the State of Minnesota. (3) Must obtain a license for each and every such vehicle to be operated. http://w�,vw.ci.stpaul.mn.us/code/ 7/29/2002 03 -'Z t-�- American Tagicab Service Corp. Americab 137 Mt. Airy Street St. Paul, MN 55101 February 3, 2003 To Reid Soley, License Inspector II Lowry Professional Building 350 St. Peter Street. Suite 300 St. Paul, MN 5 5 102-15 10 RE: TaYicab Vehicle License Vehicle # 31 and 123 Deaz Mr. Soley, Because of the economy down size, we are facing hard time to operate our business in full capacity. Thus, I wouid like to inform you that cab 31 and 123 has been taken out of service and they aze not any longer on the street of St. Paul as a ta�cicab. However, since the fee of licenses aze already paid and since there is �o cap on taxicab licenses in city of St. Paul, we kindly request that we keep the licenses till we replace the vehicies in �he very near future or we get back refund on the fee of the licenses. Hope you would understand our situation and consider our request. If you have any question, please contact us at (612) 462-2264. Sincerely, Gedion E. A eda License Group Comments Tezf Licensee: qMERICAN TAXICAB SERVICE CORPORATION DBA= AMERICAB License #; 1999�ODU587 02/18/2003 ��,�T�z�b �k1.�3 03-18'3- 02/18/2003 Berause the insurance policy lapsed, this matter was forwarded to CAO for revocafion. RS 02/� V2003 Sent certified letter ordedng cabs 31, �04 &123 out of service if insu2nce policy is not reinstated before Feb. '17, 2003; notified that revocahon act�on will commence i5 insurance iapses. RS 02/1 V2003 Received from Gedion Adeda a letter sfating that ca6 #123 is out of service (the car is inopereble). RS 07/�7/2003 Notice of pending insurance cancellation recvd, effective Feb. 17, 2003. 72/30/2002 Gedion Adeda paid cash to make up for NSF check #7930. 72J}gj2002 Sent Iefter to Gedion Atletla ordering cabs 123, 143, 8745 out of service immedlately because of NSF check # 793D; will be sent to CAO for adverse actioo if not pd 6y Dec. 31st. RS 1Z1S/2002 NSF check #7930 rcvd for $�,0�5.00. Total due is $�,030.00. ES '11/21/2007 CF Ot-�233 Adverse Action against license w(thd2wn. SS 11/05/2001 Notice oi Councif Meeting from CAO for Concent Agenda for � V21/2001, 3:30 p.m., conceming failure to provide proof of replacement insurance coverage and failure to pay license fees. Recommenda6on for immediafe suspension ot ticense unfil proof of insucance and fees and late charges paid. SS 10/i5/2001 Notice of Violation from CAO for adverse action for lapse in insurance coverege expiration on 10/09/200�. Recommendation is for proof of insurance coverage and all license and late fees paid in fuil. Licensee to inform CAO by'10/25/2001. SS 10/1072001 To CAO for license revocation. CAR 10/O5/2001 letter from Reid Soley indicating that cab cannot be in service without ins. Ins expired 10/092001 with no replacement coverage. 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