The URL can be used to link to this page

04-55Council File # ��5 Gxeen Sheet # �y �J�C� Presented By Refened To Committee: Date 3z 1 WHEREAS, adverse action was initiated against the Vehicle Immobilization License held 2 by Gopher Towing, Inc. for the City of Saint Paul, License ID#20020002287, by Norice of 3 Violation dated November 12, 2003, alleging failure to provide required proof of insurance and 4 other required information; and 10 11 12 13 14 15 16 17 18 WHEREAS, the Office of LIEP sent letters to the licensee dated August 22, 2003 and September 16, 2003, requiriug submission of a current certificate of insurance, a list of Saint Paul private property locarions where vehicle immobilizations would be done by their company, as well as a list of the names and contact informarion of persons at those locations authorized to order vehicle immobilization and all information pertaining to "booting" vehicles; and WIIEREAS, the licensee has not provided the required information and documentation to continue operations in the City of Saint Paul; now, therefore, be it RESOLVED, that the Vehicle Immobilization License held by Gopher Towing, Inc. for the City of Saint Paul, License ID#20020002287, be immediately suspended until the required information has been submitted to the Office of LIEP and they haue given written notice of the lifting of the suspension. Requested by Department of: ' � ��.�zati By: C.y�,2./ Form Approved by City Attorney ,� Adopted by Council: Date Adoption Certified by By: . Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA ��, av�� B Secretary By _, � Mayor for By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green o�� Sheet DepartmeMfoffice/council: Date Initiated: LP — ��enseatnspecnm✓Fn.�onrrot 30-DEG03 Green Sheet NO: 3009636 Contad Person & Phone• ��efH SeM To Pewon InitiallDate GingerPalmer � 0 ice selln ectio nvironPro 26Cr8710 qssign 1 ttvAkomev Gin¢erPalmer /��'�•d.�! Must Number Z i seJln ection/EnvironPro D artm Director C/��-O/' l�C�'15 P�f'� For RoUting 3 or's Office Mavor/Assistant Ofdef 4 ouncil 5 � Clerk Ci Clerk Total # of Signature Pages �(Clip All Locations for Signature) Action Requested: Iuunediately suspending the vehicle immobilization license held by Gopher Towing, Inc. for the City of Saint Paul, pending submission of the required information and documentarion to continue operarions in the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service CoMrects Must Answer the Following Questions: Ptanning Commission 1. Has this person/firtn ever worked under a contract for ihis departrnent? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city empbyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Letters sent by the Office of LIEP to the licensee dated August 22, 2003 and 5eptember 16, 2003, requesting informarion and documernation required to continue operations in the City of Saint Paui. Notice of Violarion was sent to the licensee on November 12, 2003, with no response. AdvantageslfApproved: Council acrion necessary to suspend operarions in the City of Saint Paul. Disadvantasles If Approved: DisadvaMages If Not Approved: Licensee would not take steps to comply with license zequuements. Toql Amount of CostlRevenue Budgeted: Trensadion: Funding Source: Activiry Number: Financial Information: ��"�''�� `�''��"� d ��'�`�� (Explain) J�v; `� t? 2�D� p�-55 oFFICE or CiT'Y ATTORNEY Manuel J. Cen•antes, Ciry A[torney CITY OF SAINT PAUL Randy G Keliy, Macor November 12, 2003 Owner/Manager Gopher Towing, Inc. 1321 Tyler Street NE Minneapolis, MN 55413 CivilDivision 400 Ciry Nnll I S West Ke[logg Blvd SaintPau[, Minnesota �?102 NOTICE OF VIOLATION TelepGone: 651 266-87/0 Facsimi(e: 651 298-5619 RE: Vehicle Immobilization License held by Gopher Towing, Inc. for the City of Saint Paul License ID #: 20020002287 Dear Sir/Madam: The Office of License Inspections and Environmental Protection (LIEP) has recommended adverse action against the above-referenced license. The basis for the recommendation is as follows: You were sent a letter by the Office of License, Inspections and Environmental Protection dated September 16, 2003 indicating that you needed to submit a list of Saint Paul private property locations where vehicle immobilizations would be done by your company, as well as a list of the names and contact information of persons at those locations authorized to order vehicle immobilization. You were also informed that you need to provide updated insurance information because the certificate on file expired as of August 16, 2003. You were given until September 19, 2003 to submit the required information, but as of today's date nothing has been received. The Office of L1EP wili recommend that your license to operate in Saint Paul be suspended untii such time as you provide all of the required information. At this time you have three options on how to proceed: If you do not dispute the above facts and wish to avoid further adverse action, you must submit the required information to the Office of LIEP, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paui, Minnesota 55102, no later than Friday, pp-ADA-EEO Emptoyer L'iopher Towing November 12, 2003 Page 2 November 21, 2003. The information should be directed to the attention of Ms. Christine Rozek. 2. If you do not dispute the facts, but no lon�er wish to do business in Saint Paul, you may write a letter to that effect and send it to the address above. 3. If you do dispute the above facts, you may request a hearin� on the facts, which will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence, and cross-examine the others witnesses. The St. Paul City Council will ultimately decide ihe case. ay-55 If you have not contacted me by November 21, 2003, I will assume that you are not contesting the facts and will schedule this matter for a hearing before the City Council for a consent a�enda, at which time your license to operate in Saint Paul will be suspended until such time as the required information has been submitted and the Office of LIEP has indicated that you are able to resume business. If you have any questions, feel free to contact me at 266-8710. Sincerely, ..� - � �,� Virginia .� Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMEN'I'S, being first duly sworn, deposes and says that on November 12, 2003, served the attached NOTICE OF VIOLATION placing a true and cosect copy thereof in an envelope addressed as follows: Owner/Manager Gopher Towing, Inc. 1321 Tyler Street NE Minneapolis, MN. 55413 (which is the last known address of said person) dep� United States mails at St. Paul, Minnesota. Subscribed and swom to before me this 12th day of November, 2003. i �� Notary Public ie (y-t-55 -..:� �e.� -�..�.-�.__a ..:z � " 'r`� w R3T;� R,9 Es0°,SA4D � �� g Y — rx�j.. NG7hi2YPUBLIC-iri�FlNESOTA � ry A.iY�OM�:lSSIO�`J �'--•••'' ' EXr"�RES JA;d. 3'I. 20Q5� '��^w—,��-�nn°°w—a License_Group Comments Text �� Jcensee: GOPHER 70WING INC �Ba GOPHER TOWING INC License #: 2pppppp�g7 ��n�5 09/25/2003 Atlditional infortnation has not been received. Insurance has not been filed with LIEP. To CAO for adverse action. CAR 09/16/2003 second letter sent regarding requirements not yet meL Response due 09/19/2003. car/raa 08/22/2003 Ietter sent to licensee requesting they update their license file by providing a current list of locations, list of names, copy of order form, log book, sample waming decal, and list of fees charged. Response due OS/29/2003. car/caa 0&07/2002 ins revd. License e� date 5/1 M03 changed to e�ire vrith insurance exp date of 8/16/02. caa �� SEP `� 6 2G03 �i i Y A.TTOR�l�` � ��- 0�1 55 � � �s��tt ` �: � :�� .; �; � � t�_�� -�_� � �� ; �� r�� x� �< r�� ; �t�a „m� �:�� '_ � MCOrtreqReCd� MTrenqRx'C� MF�,�,� � �..�r I W�v vc tientes F�lbltl pfiaG�'Ce�[ ;a�'u?e`;.4EE —I ' ' " _ _ _ _ _ _ ....... .... ... .. _ ..,......,... ��"."�+.a ?i�'�.� =e°'!Wf!«�'��t`�Kd�;Y�r+ te�� n+m�Kmners— ., f• yy To favxi BuvnessAlO511tRW2WF.0.OW! . _ _.'. "....... Y61_�3]&9165{61.. (�lkamAtltras C1�vl _ . _._ DPRY __ MANRGHt , (fi1373]&2065(61'e CUn �NNOZ00/JO.00O�BLHL f.HvE '�O.P'AER ( ) - S61'.�MeitrvaceTO— . . ._ _ __ . .... ........ "__ .. __,._'_'. ---- irAbTOCMeq • _ - - - �...-_...;.._.�... ._.. .—�.....: .�_-'ruce�mnao-� ... «- .— - � _�" _'.�.�'.'�-_ � .�. _:S�t�= exy�wiao-.�a�wv�a C � (�'� "� , ftir�'dz!�*.1 � �:�-f oen � _ iau+ce+ � � � � �„ � � ,� �,,,u i � 1 R� 1 „�.,� .,��,� wv�arra c.,..x�warn>v�ce c.: va�v� a . cure.�y Nsco — _ ndo-ess : Pnves. "� " _ . • [ylaWe. y��.•.-..�.. --,� �YLMS IpvrenceRet gqaan yw�w.�.u. , 000-EACHOCGUt - DMTOGrc ' �� r .000,000-MXYtECATE CencekR � ' «r�� r — �� ,a, � � �� : �� o�, :uxmen _._ s°''°��msroKamF .. 0�-55 CTTY OF SAINT PAUL Randy G Ke1Ty, Mayor September 16, 2003 Mr. Gene Buell Gopher Towing Inc 1321 Tyler St NE Minneapolis MN 55413 OFFICfi OF LICENSE, it.*SPECTIONS AND ENVIAONMENTAL PROTECTION Jmeem E. Rosas, D'vector LOii'RYPROFESSIONALBUILlJQVG Telephone: 65I-266-9090 350 St Peto� Sueet, Suite 300 Facsimile: 657-266-9114 Saini Pau1, Minnuota 557021510 Web: www.lieu.us RE: City of Saint Paul License File #20020002287 Deaz Mr. Buell: On August 22, 2003, the Office of License, Inspections and Environmental Protection requested that you produce the following documentation by August 29, 2003: iX. Provide a list of the locations (within the City of Saint Paul limits) of any private properties where the vehicle immobilization services will be conducted. �,2�Provide a list of the names and contact information of all persons authorized to order vehicle immobilization at each location. 3. Provide a copy of the printed order form you use when servicing a vehicle with the "booY'. 4. Provide a list (log book) of vehicles "booted" in the City of Saint Paul in June, 2003. Note: City of Saint Paul Legislative Code 383.05(3). T'his log shall be made available for review upon request of the director of the office of license, inspecrions and environmental protection or his/her designated representafive. 5. Submit a sample of the waming decal your company uses to place on a vehicle being "booted". �x 'Provide a current list of fees chazged for "booting". As of Tuesday, September 16, 2003, information regazding one private property service location was submitted. The remaining requested documentarion has not been received. In addition, it has come to my attention that a current insurance certificate has not yet been received; Gopher's insurance expired on August 16, 2003. Please note, without proper insurance, you aze not currently authorized to provide vehicle immobilizarion services within the City of Saint Paul. Further, if the requested documentation is not received by September 19, 2003, your file will be forwazded to the City Attomey for license revocation. AP.-ADA-EEO Employer Oy-55 Page Z Gopher Towing Inc September 16, 2003 Please address all correspondence and send all requested documentation to: Office of License, Inspecrions and Environmental Protection ATIN: Christine A. Rozek 350 St. Peter Street, Suite 300 Saint Paul MN 55102-1510 Regazds, ��` A-'� Christine A. Rozek LIEP Deputy Director CAR/caa AA-ADA-EEO Employer 04-55 CITY OF SAINT PAUL Rnndy C. Kelly, Mayo> August 22, 2003 Mr. Gene Buell Gopher Towing Inc 1321 Tyler St NE Minneapolis MN 55413 OFFICE OF LICENSb, INSPECTIONS AND ENVIItONMENTAL PROTECTION Janeen E. Rosa; D"vecmr LOWRYPROFESSlONALBUJLDING Telephone: 651-2669090 350 SL Pe1� Svee{ Suite 300 Faaimile: 651-26�9114 Saint Paul, MS`nuota 55102/SIO Web: }vww.liep.vs RE: City of Saint Paul License File #20020002287 Deaz Mr. Buell: A review of your license file indicates that the following informarion is required in order to continue "booting" operations in the City of Saint Paul: 1. Provide a list of the locarions (within the City of Saint Paul limits) of any private properties where the vehicle immobilization services will be conducted. 2. Provide a list of the names and contact information of all persons authorized to order, vehicle immobilization at each location. 3. Provide a copy of the printed order form you use when servicing a vehicle with the "boot". 4. Provide a list (log book) of vehicles "booted" in the City of Saint Paul in June, 2003. Note; City of Saint Paul Legislarive Code 383.05(3). T'his log shall be made available for review upon request of the director of the office of license, inspections and environmental protecrion or his/her designated representarive. 5. Submit a sample of the warning decal your company uses to place on a vehicle being "booted". 6. Provide a current list of fees chazged for "booting". Enclosed for your reference, please fmd a copy of the CiTy of Saint Paul Ordinance Chapter 383 regarding Vehicle �nmobilizarion Services. Also, please take special note of Secrion 383.05 Rules of opention. All Vehicle Immobilization Services lieensees shall operate in stdct accordance to these rules. AA-ADA-EEO Employer O��SS Page 2 Gopher Towing Inc. August 22, 2003 If you have any quesrions regarding this request, please contact me at 651-266-9108. This request for documentation / information must be received in the Office of License, Inspections and Environmental Protecrion no later than Friday, August 29, 2003. After Friday, August 29, this office will begin the adverse action process to revoke your license due to multiple violations of City of Saint Paul Legislarive Code Chapter 383. You have the opportunity to appeal the City's decision through this proceeding. Sincerely, ��"'ny I"!',� " ► V Christine A. Rozek LIEP Deputy Director CAR/caa Enclosed: Saint Paul Legislarive Code Chapter 383 Saint Paul addressed return envelope AA-ADA-EEO Empioycr OFFICE OF L[CEt 4�15PECT[ONS AND ENVIItONMEYTALPROTECI70Y . Janeen & Rosas, Director CITY OF SAIIVT PALTI, Randy C Kelly, blay�or LOWRY PROFESSIONAL BUILD[YG 330 S4 Peter Slreel, Suite 300 Saint Pau7, Iyfirtnuota SSl02-1 SIO O�1 Telephorte: 65/-?66-9090 Facsimile: 657-266-9l2J Ii'eb: www.liep.ur Date: - f—�—�� License �: �C'�G'C' �� Licensee: C�-'�l"11�it' �uj,Uj {'1Cj �C • . License Type(s): ��0�^ ! G� �'i (4� C�`�( ! l 2�L �� Your license has been placed on hold until tlie following requirements are met: ( ) Pay your license renewal fee of Total license renewal due is $ And, late fee charges of $ (x) Submit a current certificate of insurance: ��G�`U-� � l �i�?� �� ) (� Coverage Period: R— ((p— G� �S through ��(� —� y The policy expiration date must coincide with the license expiration date or be filed as "continuous until canceled"as per Saint Paul Legislative Code Chapter 310, Section 310.07(d). ( ) �Ve require at least 30 days notice of cancellation of the insurance policy as per Saint Paul Legislative Code Chapter 7, Section 7.06. ( ) �Ve require the City of Saint Paul be named as an additional insured. (Note:. Naming the City of Saint Paul as certificate holder does not meet this requirement.) ( ) We require proof of liability: general / auto / professional / liquor or waiv�r letter The minimum limits of liability is ( ) The licensed business name must be listed as the insured's name. The licensed business name �s ( ) The licensed business address must be listed at the insured's address. The licensed business address is ( ) Submit a current original Attach a valid Power of Attomey. ( � Additional requirementsf r .i _ bond. In the amount of $ Please respond by %� ZJ 'Z �' �� . If there is no response, this office will begin the adverse action process to suspznd your license until all requirements are met. You have the opportunity to appeal the City's decision throu�h proceeding. If you have any questions regarding this matter, please contact �_ af 651-266- �1�� AA - ADA - EEO Employer