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04-1197Council File # �" 7 �! 7 Green Sheet # ��� RESOLUTION CITY OF SAINT PAUL, NIINNESOTA PRESENTED REEERRED TO CONLtiIITTEE: DATE l� i z 3 4 5 6 0 s s io ii iz 13 14 WHEREAS, the licensee did not respond the letter of extension; and is WHEREAS, the letter of extension stated that if the licensee did not respond by is November 29, 2004 the Office of LIEP would proceed with the adverse action and revoke the io Ta:cicab Vehicle License on Cab #143; ; now therefote, be it is is RESOLVED, that the Tasicab Vehicle License for Cab #143 held by American Taxicab zo Service Corporation is hereby revoked as recommended by the Office of LIEP. Adopted by Council: Date �(XNY�'.�.'� c�� ��d�'�' Adoption Certified by Gouncil Secretary By: Appr WHEREAS, adverse action was initiated against the Saint Paul Taaticab Vehicle license held by American Taacicab Service Corporation, dJbia Americab (License ID#19990007121) for the pxemises located at 137 Mount Airy in the City of Saint Paul by Notice of Violation dated October 18, 2004, alleging no notification to the Office of LIEP of expiration of license and insurance policy on Cab #143; and WITEREAS, the licensee did respond to the Notice of Violation to contest the aliegations; and WHEREAS, a letter was sent to the licensee granting an extension unril November 24, 2004 to come into compliance with tl�e conditions of the license for Cah #143; and Requested by Department of: $Y' � Il .a.XA.`e i 7't F-f/,! i Form Approved by City Attorney oN- � 197 - � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP - LicenseJlnspectioNEnviron Prot CoMad Person � Phone: Virginia Pafiner 266-8710 Must Be on Council Aaen �ate Initiated: 13-DEC-04 � Assign Number Eor Routing Order Total # of Sigmature Pages _(Clip Atl Loeations for Signature) Approval of the attached resolution to take adverse acuon against the Tasicab Vehicle License held by American Taxicab Service Corporation d!6!a Americab (License ID#19990007121) for the premises located at 137 Mount Airy in the Ciry of Saint Paul. idallons: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 1. Has this personffirm ever worked under a contract for this department? Yes No " 2. Has this persoNfirm ever been a ciry employee? � Yes No Green Sheet NO: 3024643 Deoartment Sent To Person 0 ic n e n ' n/E vir n Pr 7 "cens n ec[ionlEn ' n Pro e rtmen[ Director 2 or 3 a or's011ice � M vor/Assistan[ 4 u c"I 5 � Clerk 1 Citv Clerk 3. Does this person/firm possess a skitl no[ normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRUnity (Who, What, When, Where, Why): Licensee has not complied with the condirions of lus licensee with regard to Cab #143. Advantaqes if Approved: License wilI be revoked as per the recommendation of the O�ce of LIEP. Disadvantapes If Approved: None Disadvanta9es If Not Approved: License will not be revoked as per the recommendarion of the Office of LIEP. - otai Amount oF Transaction: Fundino Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number: �.4i1�^!� .�'3��°atr� P°„r.e�C DEC 9. � 2004 o�- t! 9� CITY OF SAINT PAUL Randy C. Kelly, Mayor October 18, 2004 OFFICE l 7-IE CITY ATTORNEY Manuel ✓. Cervantes. Ciry Altorney Civi! Dir•ision 400 Ciry Hal! IS Wut Kelloaq Bhd. Saint Paul, .4linnesota SS/01 Zelephone: 651166-87l0 Facsimile: 651198-5619 NQTICE OF VIOLATION American Taxicab Service Corporation 137 Mount Airy Street St. Paul, MN 55101 RE: Tasicab Vehicie &cense heid by American Taxicab Service Corporation d/b/a Americab premises located at 137 Mount Airy Street for the City of Saint Paul License ID #: 19990007121 Dear SirlNladam: The Office of License Inspections and Environxnental Protection (LIEP) has recommended adverse action against the Taxicab Vehicie license held by American Taacicab Service Corporation, dlb/a Americab for the City of Saint Paul. The basis for the recommendation is as foilows: The license and insurance policy have both expired on Cab #143. The Of�ce of LIEP was informed by your insurance agent on September 2, 2004, that the insurance coverage for this cab was deleted on May 11, 2004 and there is no requirement that the city has to be noti�ed of the deletion. Your license expired on September 2, 2004. The recommendation will be for revocation of your taxicab vehicle license. At this time you have three options on how to proceed: 1. If you do not dispute the above £acts 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 appeaz there for you. The recommendation from the licensin� office is for the immediate suspension of your license until a certificate of insurance has been submitted and approved by the licensing office. AA-ADA-EEO Employer • American Taxicab Service C' - '�oration 1 �'7 — i q� October 18, 2004 Page 2 2. On the other hand, if you wish to dispute the above facts, I will 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 are contesting the facts. You wili then be sent a"Notice of Hearing," so you will know �vhen and where to appeaz, and what the basis for the hearing will be. 3. If you no longer wish to operate Cab #143, you may send a written statement to that effect to Reid Soley in the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota, 55102 no later than Thursday, October 28, 2004. Please let me know in writing no later than Thursday, October 28, 2004 how you would like to proceed. If I have nat heard from you by that date, I will assume that you are not contesting the facts of the violation. The matter will then be scheduled for the St. Paul City Council and placed on the Consent Agenda during which no discussion is allowed and the recommended penalty, revocation of the license, will be imposed. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, .,� ; � � �� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Aeputy Director of LIEP Reid Soley, LIEP AA-ADA-EEO Employer American Tazicab Service Corp. Americab 137 Mt Airy Street S� Paul, MN 55101 ,,, � o�to�r Zs, aoo4 �J C? 2 g 2fl04 ToReidSoley, ���� AT�o����� License Inspector II Lowry Professionat Building 350 St Peter Street Suite 300 St. Paul, MN 55102-1510 RE: Cab #143, License ID#: 1999�007121 Dear Mr. Soley, This is in respond to yo,ur letter dated October 18, 2004, in regard to Cab #143, License ID #: 19990007121. On about mid 2004, Cab #143 was vandalized and thus, the cab was totally out of service. Duriug this time, there was no any purpose, to have insurance in effect and pay $50.00 per day. I did not violet any ciry ordinance. As you laiow very well, it is not only a common business gractice, but also it is very weil known tt�at all other taxicab companies aiso do cancel the insurance, if the cab will be out of service for extended period of time. I am in a process of replacing the vehicle, and issuing the license and insurance and thus, I am asiang for your patience on this matter. Thaak you in advance for all your cooperarion. 1 :1 : l' ~ �� / r�� , "t �f ' f" Cluef Executive Officer and President D�- t 19� OFFICE TFIE CITY ATTORNEY Manuel J. Cervan[u, Ciry Attorney SAiNi PAUL � AAAA CITY OF SA1NT PAUL Randy C Kelly, May�or November 2, 2004 Mr. Gedion E. Adeda American Ta�cicab Service Corporation 137 Mount Airy Street St. Paul, MN 55101 RE: Taxicab Vehicle license held by American Taxicab Service Corporation d/b/a Americab premiseslocated at 137 Mount Airy Streetfor the City of Saint Paul License ID #: 19990007121 Deaz Mr. Adeda: I received your letter dated October 28, 2004 explaining the situation regarding Cab #143. After discussion with the Office of License, Inspection and Environmental Protection, it was decided to give you an extension until Monday, November 24, 2004 to come into compliance with the conditions of your license or I will proceed with the adverse action to revoke your Taxicab Vehicle License. CtY(I DtVLTIOq 400 Ciry Ha![ IS West Ke7logg Blvd S¢in( Pau1, Minnesota S.i102 7elephone: 651266-87l0 Fauimile: 651298-5619 Tf you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, (�•� �/" J \, �iKN Virginia�r Assistant City Attomey cc: Christine Rozek, Deputy I3irector of LIEP Reid Soley, LIEP AA-ADA-£EO Emp{oyer o�- �197 STATE OF MINNESOTA ) } ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGIIAN McGIVERN, being first dulysworn, deposes and says that onNovember3, 2004, she served the attached letter by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Gedion E. Adeda Amezican Taxicab Service Corporation 137 Mount 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 maii at St. Paul, Minnesota. l[ � � l �'/�� /�1 �i. ." i. . �,�� . � . Subscribed and sworn to before me this 3rd day of November, 2004. :..�.:^.;. G. CiE��d?S .,, i � , = r �JH;JC -h3tNN�30tA _,� iev �GMhUIS31�?�`.35 � JAE o�-�i97 STATE OF NIINIVESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on October 19, 2004, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: American Taxicab Service Corporation 137 Mount Airy Street St. Paul, MN 55101 (wYuch is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �.k �'iLi'�l ��L :� .�i•_ �'�' . , - Subscribed and sworn to before me of October, 2004. �,�.��..�.�,�.� �_,.�.. , «: v,,.:,v� c cis!.�Nrs �1�� %JOl�ti'tWbUC �J.INN'c5`VfA � ���,,,% NyrOM411SSION ,.,��..� EX?: _i �AiV. 31. 2}J°, e`a-�:.-�.�..i-�rv��..�-:r-rrr�.-.:'-.�.-. .- -_