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03-283Council File # � 3 � �3 Green Sheet # aoo 3 �q RESOLUTION CITY OF SAINT PAUL �NrrESOTa (` Presented By Referred To Committee: Date 1 2 RESOLVED, that the Taz�icab Vehicle license {License ID No. 19990000586) for vehicle 3 #31, held by American Tasicab Service Corporation dfbla 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 Resolurion and,t�ie action taken above are based upon 6 the facts contained in the February 24, 2003 Notice of }iiolation letter to the licensee. The 7 licensee did not respond to the Notice of Violation le�Eer. .J� ('" -,�� ' � �� 3�� Adopted by Couns/1: Date Adoption Certi£ied by Council Secretary By: Approved by Mayor: Date By: Requested by Department of: BY� �.��v12� Interdepartmental Memorandum CITY OF SAINT PAUL �� DATE: March 24, 2003 TO: Council President Daniel Bostrom Counciimember Jerry Blakey - Ward 1 Councilmember Chris Coleman - Wazd 2 Councilmember Patrick Harris - Ward 3 Councilmember Jay Benanav - Ward 4 Councilmember 7im Keiter - Wazd 5 Councilmember Daniei Bostrom - Watd 6 Councilmember Kathy Lantry - Ward 7 FROM: Peter Pangbom Legal Assistant City Attorney's Office � �,�,,>..�.;,�; �°,-,- �:�.. , .._ _. ,`c�,` L�� _ � RE: Removal from Mazch 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 Taxicab Vehicle License held by American Taxicab Service Coiporation, d!h/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 question, I can be reached at ext. 6-8776. Thank yotf. / � DEPARTMENTIOFFICFJCOUNCII.: DATE WTCIA'CED �g�EN SHEET No.: 200319 �.� �, �. LIEP. March 12, 2003 CONTACI' PERSON & PHONE: IlvTrIALDn7E INI'/7ALnnTE Virginia Palmer (266-8710) � nseasc�v�rr Dm_ crrr covxcu, NNST BE ON COUNCII. AGENDA BY (DATE) '°�I�` — CTTY ATTORNEY _ CT1Y CLERK FAIANCIALSERV DIIL FINANCUILSERV/ACCTG M3TCt126 2003 (consent) g�� — MAyOR(ORASST.) _CNII.SERVICECAMMTSSION ROUTING ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALI. LOCATIONS FOR SIGNATIJRE) ncnotv �QuESxEU: Adverse aation agaiust the Taxicab Vehicle License held by American Tasicab Service Corporation, dJbla Americab for Vehicle #31 ., RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACIS MUST ANSWER THE FOLLOWING QUESTIONS: PI.ANNING COMMISSION 1. Has this personJfirm ever worked under a contract for this department? CID COMMITtEE Yes No CIVII, SERVICE COMMISSION 2. Has this person/fttm ever bern a city employee? ' Yes No , 3. Does this persozJfianpossess a skill not nommlly possessed by any cummt ciTy �mployee? Yes No Ezplato all yes answers on sepazaYe sheet and attach W green sheet � INITIATINGPROBLEM,ISSUE,OPPORT[JNTfY(Who,What,Whm,Where,Why): American Taxicab Service Corporation, d/b/a Americab has failed to maintain the taxicab vehicle insurance for - vehicle #31as required for licensing pursuant to St. Paul Legislative Code §376.06(g). .> ' ADVANTAGESIFAPPROVED: `�4��'+�� , � �. Council action necessary to enforce licensing requirements. %a�;�.t � �Q� DISADVANTAGES IF APPROVED: "; None. � AISADVe1iiTAGESIFNOTAYPROVED: ' City will have failed to enforced its own licensing requirements. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: ' FUNDAVG SOURCE: ACTIVITY NUMBER: FINANCJAL INFORMATION: (EXPLAIN) r:msExs�ravcaorzri�ne« - r�wn apa�.••y d OFFICE OF TFIE CITY ATTORNEY MarsuelJ. Cerv¢rzfes, City Atwrney ��i �� CITY OF SAINT PAUL CivilDivision Randy C. Ke!!y, Mayor 400 Ci1y Hat! Tetephone: b5t 26b-8710 - ISWutKelloggBlvd. F¢csimile:657198-5679 Sairzt Pau{ Mirsnesota SSIQZ i March 12, 2003 NOTICE OF COUNCIL MEETING Gideon Adeda American Taxicab Service Corporation 137 Mount Airy Street Saint Paul, MN 55101 RE: Tasicab vehicie license held by American Taxicab Service Corporation, d/b/a Americab for Vehicie #31 License ID #: 1999000058b 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 Ha11 and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which wall be presented to the City Council far their wnsideration. This is an uncontested matter, in that the facts concerning the lapse in the vehicie 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. Very truly yours, _�/ � �.� Virginia�D. Palmer Assistant City Attorney cc: Nancy Anderson, AssistanY Council Secretary Christine Rozek, Deputy Director of LIEP Rich 7ents, LIEP Reid Soley, LIEP AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER o3-s3�3 Licensee Name: Council Date Viofation: American Taxicab Service Corporation d/b/a Americab for vehicle #31 Wednesday, March 26, 2003 Faifure to maintain vehicle insurance St. Paul Legislative Code § 376.06(g) Recommendation of Assistant City Attorney on behalf of ciient, Office of License, Inspections and Environmental Protection: Revocation of Taxicab Vehicle License for Vehicle # 31 Attachments: 1. Proposed resolution 2. Notice of Violation 3. Notice Of Cancellation Of fnsurance 4. 2/11/03 letter from Reid Soley to Gedion Adeda 5. 2/3/U3 letter from Gedion Adeda to Reid Soley 6. License information AA-ADA-EEO Employer SAINT PAUL � AApB CITY OF SAINT PAUL Randy C. Ke!!}t Mnyor Pebruary 24, 2003 OFFICb _ r THE CITY ATTORNEY MamrelJ.Cervnn[es,Ciq•Attorney D3 ��1 d C{vl(D1vISiOR 400 City Hrs11 Telepl+one: 651266-87I0 IS West Ke1(ogg Blvd Facsimiler 651298-5619 SainlPaul, Minnesofa SSl01 NOTICE OF VIOLATION Gideon Adeda American Taxicab Service Corporation 137 Mount Airy Street Saint Pau1, MN 55101 RE: Taxicab vehicle license held by American Taxicab Service Corporation, d/b/a Americab for Vehicle #31 License II7 #: 19990000586 Dear Mr. Adeda: The Office of License Inspections and Envlronmental Protection has recommended adverse action against the taxicab vehicle license held by American Taxicab Service Corporation, d/b/a Americab for Vehicle #31. The basis for the recommendation is as follows: In January of 2003 you were notified by the Office 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 al3owed to lapse. Saint Paul Legislative Code §376.06(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 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. 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 03 - ars On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL,J�. 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 Thursday, March 6, 2003, how you would like to proceed. If T have not heard from you by that date, I wili assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. If you have any questions, feel free to cail me or have your attomey call me at 266-8710. Sincerely, / /�� /� ��,�icGG4,7� V u—i'"`�t � Virginia D. Palmer Assistant City Attomey 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-ADA-EEO Employe� 03 -��3 STATE OF NIINNESOTA ) ) ss. COiJNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on February 25, 2003, served the attached NOTTCE OF VIOLATTON placing a true and conect copy thereof in an envelope addressed as follows: Gideon Adeda American Taxicab Service Corporation 137 Mt. Airy Street St. Paul, MN. 55101 {which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 25th day of Feb�ry, 2003. Notary Public PETER �' �A� ppiARV PU�SUC -lst,�lS:ESOi� � {�A�AA�SSION �yn;?£S JAh.'� � x� AMERICA*1 COUN7RY INSURANCE (312)373-4d00 500 W. MADISON STREET, SUITE 600 CHICAGO IL 60661�544 NOTICE OF CANCELLATION OF INSURANCE Named lnsured & Mailing Address: GEDION ADEDA & ALI EBR.4HIM 137 MOUNT AIRY STREET ST. PAUL MN 55101 Producer. 106�1 iWIN CITY GROUP 4500 PARK GLEN ROAD MINNEAPOLIS MN 55476 Policy No.: TCA 0005271 Type ot 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 cance0ing this policy. Your insurance wi11 cease on the Daie of Cancelfalion shown above. p3 -�f 3 2 � /�-' ioy The reason for cancellation is NONPAYMENT OF PREMIUM - IN ORDER FOR YOUR POIICY COVERAGE TO REMAIN IN FORCE, WE MUST RECEIVE $9,825.00 THROUGH YOUR 2-19-031NSTALLMENT PAYMENT NO LATER THAN THE CANCELLATION EFFECTIVE DATE. Notice of Possible Eligibility Through the Minnesota Automobile 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 licensed agent for further information on the plan and how to apply for coverage through the plan. � ��r��G��,o,. �� f �� s 2� JtJ r � r c�^- � ;1 az�' C. � : ;Z,��° . fi �,s . � j, s / � 3 . �,l,a-w —r"G� F'�'� '� -� �'°�- Date Mai�ed: 13th day of January,2003 Additionai insured TCA 0005271 CITY OF ST. PAUL OFFICE 0� LIEP 350 ST. PETER STRET #300 ST. PAUL MN 55102 �� i Au Company Representat)ve - MNCC7NONPMNT ODEN3.0.02.70a Copy for Atlditional Insured 07 732003MYY FORM# CC969727MN81995 Pa9e 1 ot 1 OFFICEOFLICBVSE.INSPECTIONSAND O,3 ENVIRONMENTAL PROT[CTION Jnneers E. Rosns, Direcro� CITY OF SAINT PAUL Rnndy C. Kelly. Mnyor February 11, 2003 ,�mericab Attn: Gedion Adeda 137 Ylount Airv St. St. Pau1, viN 55101 Dear Mr. Adeda: LON�RYPROFESS�O,'VdLBUlLDl:VG TelepLove: 6�/-1GG-J090 3505[. PeterStreef. Suit¢ 300 F¢csimile. 65/-IGG-9/14 SnintPaul.Minnesotn�5/02-(�70 L✓eb: wwivcl.srpnut.nur.irsltiep Americab taxicabs #31 (license #19990000586), #104 (license #0074918}, and #123 (license #19990000587} must be taken out of service at 12:01 a.m.. on February 17, 2003, if the insurance policy for those taxicabs has not been reinstated by that time. You havz stated in a letter to me, dated February 3, 2003, that cabs #3] and #123 are already out of service. IF the insurance policy is allowed to lapse, you must bring cab #104 to my office on Tuesday moming, February l�'�', so that I can remove the Saint Paut taxicab license sticker from it. Chapter 376.06(g) of the Saint Paul le�isiative code states, "Any license issued under this chapter shal( terminate rvlieneve� during ttie term of said license the owner, lessee, ticensee or operator of said taxicab shall fail to keep in full force and effect such insurance or bond in the full amount hereinaf'ter required." Tliis matter �vitt be forwarded to the City Attomey's Office for revocation if your policy is allo�.ved [o lapse. Additionally, if you reinstate the insurance policy for only one or two of the taxicabs insured under that policy, 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 £mployer j �� , Chapter 376. Taxicabs* ` o�-ir3 f (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 menrioned or described or included therein when such automobiles are driven, used, operated or maintained while the driver or occupants thereof aze intoxicated or en�a�ed in the illicit transportation of liquor; and no such bond or policy shall contain any limitation, clause or provision whatever excepting and releasin� any surety o; insurer on any such band or policy from liabitity thereunder by reason oi any such automobile beinQ driven, used or operated while the driver or occupants thereof are intoxicated or enga�ed in the illicit transportation of liquor. Provided that nothing herein contained shall be construed to a�ect the defense of ccntributory negli�ence by the surety on any such bond or policy. ( fl The policy or bond hereinbefore provided for may be ori�inally written or Iater extended to eover, durin� its term, any additional taxicab under the same ownership or control. (;) Any license issued undez this chapter shail tetminate whenever during the term of said license the owner, lessee, licensee or operator of said taxicab shall fail to keep in fu11 force and effect such insurance or bond in the full amount hereinbefore required. The licensee must remain the owner oi the pubIic vehicle durin� the term of the license, and any chan�e in ownership shall operate as a revocaDon of the license to operate such public vehicle. (Code 19�6, § 152.06(a); Ord. l�o. 174�8, § 1, 5-28-87; C.F. No. 97-870, § l, 8-13-97) Sec. 376.07. Self-insurer. Notwzthstancling any other provision of law, the applicant or iicensee may elect to qualify as a self- insurer in Iieu of the liability or indemnity insurance policy or bond required by section 376.06. To so elect, the applicant or licensee shali qualify as a self-insurer pursuant to the Minnesota No-Fault Automobile Insurance Act (Minnesota Statutes, Secrion 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 applicant's plan of self-insurance under the Minnesota No-Fault Automobile Tnsurance Act. Any licensee having in fo�V �d �ie e of self-insuranc� pursuant to this section shall, before termination of any such plan, � SP written notice, $iirty (30) days in advance, of the date of such termination. Termination of an approved plan of self-insurance without having obtained a liabiliry or indemnity insuance policy or bond pursuan*. to secrion 376.06 shall automarically revoke all taxicab licenses held by fne Iieeasee. (Code 1956, § li2.06(h); C.F. I3o. 95-477, § 1, 5-31-95; C.F. No. 97-870, § 1, 8-i3-97} Sec. 376.08. Applicant—Requirements. (a) Each applicant for license to operate for hire a public vehicle must comply with the following conditions to the sarisfacrion of Che inspector: (1) Be the state license re�istered owner or a lessee, if the motor vehicle is the subject of a lease havin� an uutiai term of six (6) months or lan,er, of the public vehicle. (2) Be of the a�e of eighteen (18} years, or over, in the case of an individual, and in the case of any copartnership or corporarion, must be authorized to operate taxicabs and carry 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. 7/29/2002 http:(/wwcv.ci.stpaul.mn.us/code/1c376.htm1 o�-�r3 American Taxicab Service Corp. Americab 137 M� Airy Street St. Paul, MN 55101 February 3, 2003 To Reid Soley, License Inspector Il L,owry Professional Building 350 St. Peter Street. Suite 300 St. Paul, MN 55102-1510 RE: Taxicab Vehicie License Vehicle # 31 and ]23 Deaz Mr. Soley, Because of the economy down size, we are facing hazd time to opernte our business in futl capacity. Thus, I would like to inform you that cab 31 and 123 has been talcen out of service and they aze not any longer on the street of St. Paut as a taxicab. However, since the fee of licenses are already Qaid and since there is no cap on taxicab licenses in city of St. Paul, we kindly request that we keep the licenses till we replace the vehicles in �he very neaz future or we get back refund on the fee of the licenses. Fiope you would understand our siritation and consider our request. If you have any question, please contact us af (612) 462-226�t. Sincerely, Gedion E. A eda �License Group Comments Text Licensee; pMERICAN TAXICAB SERVICE CORPORATIQN �B/a� AMERICAB License#: �9990000586 A ylazrt c�� # � � ozi�s�sooa oa -ar3 02/18/2003 Because the insurance policy lapsed, this matter was forvvarded to CAO for revocation. RS 02/'11/2003 Sent certified letter ordering cabs 31, '104 & 123 out of service if ins policy not reinstated before Feb. '17: no6fied fhat revocation actiopn will commence if insurance lapses. RS 02/11 /2003 Insurance policy for cab #31 will be canceled eHecSve �eb. 57, 2003 if premium shortage is not pd. by ther,. RS 02/1'I/2003 Received a letter from Gedion Adeda stating that cab #3'I has been taken out of service (the car is not operable). RS 02/71/2003 Note: the insurance rancellation of Aug. 20, 2001 was reinstated without a lapse in rAVe2ge; the policy for this vehicie was also canceled and reinstated in April, June, & Aug. of 2002. RS 08/20l2001 lnsurance cancellation recorded and given to Reid Soley. LKK 07l30l200'I rcvd reinstatement without lapse. ok'd by Reid Soley. caa 1'I-8-99--Expiration tlate changed from 9/25 to 10/29 to Coincide with the insurance cert—Ik �yv�.z.r c a� _ , �_�_ �� -� _. .� -uJ ,Rdie 5.�..�.. . . . �°Y`-� ¢is� �✓' - � �� . �" '4 .aK�.S.n^' �' � 0 X 4ee p � �� .-„r^ � �K�p � 9 � �Lwencx �iA}K?H�RJKECGPFGUtip { � � L2ense � Uceniee I Lc iypes nv+ar�Ce i BwN l Rtpwemerts � LCen^si�pc eticMVUyde � \of� � nStrY2nTYpe A�IOLPoW1yWurarGC � YY �A00O52>1 VdwCks . .�_�__ _ . _—.�_.. _ _ " '."_ _"""' -" ____ "_ __. __ _ _... ______.. C^1Nmi PoC?NCOU+TR�NS Patmna . qLASRLL£St.CiKA�b�tEC6U1.Y1U5 PtuRY 9f2N5FbW .£14ecWa ��w:.+;.w< t�Ylm.4a mcvsrceftec'4 p/iyfc@Y! — ; e,r.a�, �omnws �v+�s+v smo.ouovwee�t oav:�o�cee� : c«a�» T' .000a.naama+r.caiarnrv c�,cxa n�r.nwa � auzcES:w,� � G+vmevm S� cxce�rzecv �nsmrro _"' _ _c--:—__: �.�._ "'"' "'_"_._.._._. t„m ; arymcr aiYCia9Ua _ ' ' ' " �� ArrJ�esx. 56p GAhY( Gl,EN ROAD. A8 VEAPUlS. 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