96-874F �E F''jT:f ri �
t j �� i'v .� W r �� 4
i ;�Lm
Presented By
Referred To
WHEREAS, Mr. Tesfay Tessema, d/b/a Checker Cab is the license hoider of Saint
Paul taxi license #93, and
�5
WHEREAS, Saint Paul Legislative Code § 376.12(h)1 requires taxi license holders to
submit, and pass, their taYi's for biannual inspections of each taaci in April and September
of every year, and
WHEREAS, Mr. Tesfay Tessema failed to submit, and pass, the taxi cab with license
#93 during its biannual inspections in September of 1945, or in April of 1946, and
WHEREAS, Saint Paul Legislative Code § 37614(b) prohibits every taYi license
holder from failing to make a reasonable and consistent effort to operate the licensed
taxicab in the City of Saint Paul for a period of thirty (30) consecutive days, and
WI�EREAS, Mr. Tesfay Tessema has failed to respond to inquiries of the Saint Paul
Office of License, Inspection and Environmental Protection regarding the failure to
operate the t�icab with license #93 in the City of Saint Paul for a period of thirty (30)
consecutive days, and
WHEREAS, notice of this public hearing was mailed to the last known address of
Mr. Tesfay Tessema on July 9, 1996; now therefore
BE IT RESOLVED, that based upon the evidence presented to the Saint Paul City
Council at this public hearing, the Saint Paul City Council hereby adopts the following
Findings and Order concerning taYi license # 93:
1. That Mr. Tesfay Tessema received more than five (5) days notice of this public
hearing.
RESOLUTION
2, That Mr. Tesfay Tessema is the license hoider of Saint Paul taxi license # 93.
3. That Mr. Tesfay Tessema failed to submit, and pass, the tvcicab with license # 93
for the required biannual inspections in September 1995 and April 1996.
4. That Mr. Tesfay Tessema has failed to show that he has made a reasonable and
consistent effort to operate the taaucab with license # 93 in Saint Paul for a
period of thirty (30) consecutive days, thus it is deemed abandoned.
Gouncil File # 9 L- 8� �{
Green Sheet # 1��
1
a
3
4
5
b
7
8
9
10
ORAER
The Saint Paul City Council hereby makes the following order:
1. The privilege of Mr. Tesfay Tessema, dJb/a Checker Cab, as license holder of
Saint Paul taxi license # 93 is hereby revoked.
2. Saint Paul tatri license # 93 shall revert to the Saint Paul Office of License,
Inspection and Environmental Protection.
��'�����, �
���s���{���
9G-8�i�.
a �_ Y� Nays Absent
B � �..�o � � R,�,�.��_�--__
Approved by Mayor: Date � '�/(� —
�r—
By: � �L � 5��
By: __ 1���1����
Form Appro ed by City Attorney
$y:c�_� �� �;�
Approved by Mayor for Submission to
Council
By:
Adopted by Council: Date � �
Adoption Certified by Council Secretary
qc.-g�1y
DEPARTMENT/OFFICE/COUNQL DATEINITIATED N.� 17150
c�t coun��� 7/30/96 GREEN SHEE
CANTACT PEflSON & PHONE INITIAVDATE INITIAUDATE
� DEPAR'SME1dT OIRECTOR � CIN COUNCIL
Councilmember Thune 266-8620 N M'BEAfOR ❑CITYATTORNEY �CITVCLERK
MUST BE ON CqUNCiI AGENDA BY (DAT� ROVfING O BUDGEf DIRECTOR � FIN. & MGi SERVICES DIR.
AllgllSt ]� 1996 (CO235ENT) OPUEF O�qYOR(ORASSISTANn ❑
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION flEQUE5iED:
Finalizing City Council action taken on July 24, 1996, concerning adverse action against
the taxicab vehicle license held by Tessfay Tessema, Checker Cab, 500 36th Street, East, Mp1
fiECOMMENDAT10N5: Apprave (A) or Re�ect (F� pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ MANNING COMMISSION _ CiV1L SERVICE COMMISS70N �� Has this personttitm ever worked under a contract for this department?
_ CIB COMMITfEE
YES NO
_ STqFF 2. Has this person/tirm ever been a ciry employee?
— YES NO
_ DiS7RICiCOUR7 _ 3. Does this person/fvm possess a skill not normally possessed by any current city employee?
SUPPORTS WHIGH COUNCIL 0&IECTNE2 YES NO
Expiain all yes answe�s on separate sheet antl attach to green sheet
INITIA5ING PAOBLEM, ISSUE, OPPORTUNI7Y (Who. What. When. Where, LVhy).
ADVANTAGES IF APPROVED: �
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOTAPPROVED'
TOTAL AMOUPiT OF 7RANSACTION $ COS7IREVEPlUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVI7V NUMBER
FINANCIAL INFORMATION� (EXPLAIN)
- � OFFICE OF THE CITY ATTORNEY
Timothy E. Marx, Ciry Anomey
9�-8'�4
CITY OF SAINT PAUL
Norm Coleman, Ma}ror
July 9, 1996
civi7 D'n�ision
400 Ciry Half
ZS Weu KeUOgg Blvd
Saint Pau� Minnewta 55102
Telephone: 612 26687I0
Fauimi7e: 612 29&5679
�"a�';� c�.>? . �'v:', .: :. _ , .
pi ��
�a�� i ti r���e
Mr. Tessfay
Checker Cab
500 36th St
Minneapolis
Tessema
E
MI3 55421
In Re: Taxi License # 93
Dear Mr. Tessema:
A review of the records of License, Inspections and Environmental
Protection (LIEP) show that you hold license # 93, for the
operation of a taxicab in the City of Saint Paul. We are in
receipt of information which could lead to the revocation of this
license. The first basis for such revocation is that �his license
is considered abandoned due to your failure to operate this
taxicab for a period of thirty (30) consecutive days. You have
failed to provide evidence of operation to LIEP when they requested
trip sheets of this taxicabs. Additionally, you have failed to
respond to any inquiries from LIEP.
Saint Paul Legislative Code § 376.14(b) states:
Whenever any person, firm, copartnership or corporation
holding one (1) or more licenses for public vehicles for hire
shall, for a period of thirty (30) days consecutively, fail
to make a reasonable and consistent effort to operate such
vehicles, except on account of an emergency over which the
licensee has no control, the city council, upon hearing after
five (5) days' notice to the owner or operator, shall revoke
all licenses covering such vehicles.
An additional basis for such revocation is that this taxicab did
not pass its biannual inspection in either September of 1995 or
ApTil of 1996.
Saint Paul Leqislative Code § 376.12(h)1 states:
Biannual inspections: Any taxicab owner shall submit
each and every licensed taxicab to biannual inspections
in the months of September and April. The inspections
shall be carried out at the firejpolice equipment
services garage located at 1675 Kasota Street, Saint
9t,-8�y
Paul, at a cost of eighty-five dollars ($85.00) per unit
to be paid by the licensee. If the inspection shows
repairs to be required, the owner shall order the repairs
made by an authorized dealer or licensed repair garage
and the taxicab returned to the city garage to pass
inspection. For purposes of this subsection, "authorized
dealer" shall mean an automobile dealership which deals
in that particular make of automobile.
This matter has been scheduled for a hearing in front o£ the Saint
Paul City Council on Wednesday, July 24, 1996, at 4:30 p.m. The
city council will determine at that time whether your taxicab
license should be revoked. At that hearing you will have an
opportunity to present testimony regarding any reasons adverse
action should not be taken against this taxicab license.
If you have any questions regarding this matter, you may contact
either myself or my paralegal, Peter Pangborn, at 2b6-8710.
Respectfully,
/ � �
`���c. ✓ , �t'X%rv.z�✓
G� �'ll�c./�� �� �, �
/
Philip It. Miller
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Gary Pechman, Deputy Director, LIEP
Troy Gilbertson, License Inspector, LIEP
qc-���
F 3;6.11
LEGISL�TS\'E CODE
the laws of the state and the cit�•. and �c•ith due
regard for the safety, con�•enience and comfort of
passengers and the general public.
(u) Drzver appearance. Ecery ta�acab dri��er,
while on duty, shall keep a clean and k
appeazance.
(��) Number to ca11. The license in�pector shall
provide a card to be conspicuousl�-placed in even-
licensed taxicab that shall be plainly � to
passengers that identifies the number of the b4a}•-
or and Council Information and Complaint Office
and solicits the opinions of the public in regazd to
taxi sen�ce in the City of Saint Paul.
(Code 1956, �y§ 15211, 152.12, 152.14, 152.17—
15222, 152.24-152.31, 152.41; Ord. ;�o. 16992,
1-1-83; Ord. No. 17764, § 6, 8-25-90; Ord.'�o. 17817,
§ 2, 4-11-91; C.F. ?�TO. 94-199, § 11, 3-23-94; C.F.
?�TO. 95-477, § 2, 5-31-95)
Cross reference—�Solicitation W��ice, F 272.01 et seq.
Sec. 376.12. Taxicabs—Regulations.
(a) Taxic¢b defzned. The term "ta�cab," when-
ever and k�herever used in this section, shall be
held to mean and embrace all motor vehicles as
defined by the laws of the State of ?�4innesota, the
rental for which is computed from the distance
traveled by means of a taximeter attached there-
to; the term "taximeter" shall be held to mean and
embrace any instrument or de��ice attached to a
motor vehicle designed or intended to mechani-
cally measure the distance traveled, to record the
time said vehicle is waiting, and upon which said
taximeter there shall be a record indicating, by
means of figures or designs, the amount of the
faze.
(b) Tazimeters required. All taxicabs shall have
a9'ixed thereto a taximeter, and no person, firm or
corporation owning or operating anq taxicab shall
offer or let the same for hire or reward, anywhere
within the City of Saint Paul, unless the taxime-
ter does properly and correctly register, indicate
or display the amount of the fare according to the
distance traveled and the time concumed.
(c) Register oftaximeter visible to passenger. Ev-
ery taximeter shall be connected and a�xed to
the taa�icab so that the amount of fare determined
and charged for its use shall be plainly �risible to
all passengers or occupants of the taxicab and from
one (1) hour after sunset to one (1) hour 6efore
sunrise shall have the face of said taximeter illu-
mined so as to make plainly ��isible the amount of
the fare determined and chazged for its use, and
there shall be posted in a conspicuous place in the
inside of the taYicab and on the outside right and
left rear doors of the ta�cab a card on which shall
be printed in plain, legible type, the rates of faze
provided for herein and reference to the ordinance
by number.
td) Taximeter. It shall be the duty of the oper-
ator or driver of every taacicab, at the termination
of his or her service or trip, to throw the flag of
said taximeter to a nonrecording position on the
taximeter and call the passenger's attention to
the amount of the fare registered. The taximeter
shall not be changed so as to destroy the amount
of the faze registered until after the fare is paid or
a charge ticket therefor made out and delivered to
the person hiring such taxicab.
?�TO driver or operator of any taxicab shall per-
mit any person ta ride thereon or therein, without
the consent of the owner thereof, when the flag is
up or toward a vertical position where the faze is
not being recorded on the taicimeter, and no per
son shall tamper with, break or mutilate any taxi-
meter or its attachments with the intention of caus-
ing the same to register improperly, incorrectly or
inaccurately.
Waiting time shall include the time during which
the taxicab is not in motion, beginning with its
arrival at the place to which it has been called, or
the time consumed while standing at the direc-
tion of the passenger, but no chazge shall be made
for the time lost due to the inefficiency af the ta4i-
cab or its operator or for the time consumed by
premature arrival in response to a call.
(e) Rules to deternzine tzme. When the charge is
to be paid on the meter basis, the charge shall
begin at the place where the passenger is received
and shall continue until he or she is delivered at
his or her destination, excepting as hereinbefore
or hereinafter pro��ded. When the charge is to be
paid for on the hour basis, the time shall begin
when the motor vehicle is ready at the time and
place from which it has been called by the pas-
senger and shall continue until the passenger has
been discharged and until the car shall have had
Supp. No. 30 214$
q�-�?�{
LICE?�SES
time thereafter to return to the place irom k•hich
it has been called by the most direct route, and at
the maximum speed permitted by la«; pro��ided,
that when any person shatl enga�e or h;re a taxi-
cab, unless otherc��ise a�reed at the fir.:e of hiring,
the fare for such t2xicab shall be de.e-mined bv
the taximeter accordin, to the razea pro�zded for
in this chapter; and pro� further, tSat no driv-
er of any ta}acab shall chazge more fc: 2he use of
said taazcab than is sho�ca to be du2 upon the face
of said taximeter.
(fl Deceit as to direct rcute. 'Co per;e� o�cning
or drndng or operating znp motor �•ehic�e used for
carrping passenger� for hi: e shal] dece�re by trick
or device any passenger �:'ho may ride in any such
motor vehicle or a•ho ma}� desire to rde in any
such sotor vehicle as to his or her des^�ation or
the price authorized by ordinance fot �nch pereon,
or shall convey such persoa or cause him or her to
be conveyed to a place other than that d;rected by
him or her, or in any other manner cozvey such
person to the place directed by him or her escept
by the shortest and most direct route.
(g) Intoxication of drirer. \o driver cr operaior
of any motor vehicle used for cam passengers
for hire shall be found to be or l;no�i to be in a
state of intoxication while on duty as =uch driver.
(h) Inspections:
(1) Biannual inspections: Any taxicab owner
shall submit each and every licensed taxi-
cab to biannual inspections in the months
of September and April. The in;pections
shall be carried out at the fire/po;ice equip-
ment services gazage located at 1675 Kaso-
ta Street, Saint Paul, at a cost of eighty-five
dollars ($85.00) per unit to be paid by the
licensee. I£the inspection shows repairs to
be required, the occner shall order the re-
pairs made by an authorized dealer or li-
censed repair gazage and the tas:icab re-
tumed to the city garage to pass inspection.
For purposes of this subsection, "autho-
rized dealer" shall mean an automobile deal-
ership which deals in that particulaz make
of automobile.
(2) Periodic inspections: The license inspector
shall reserve the right to examine and in-
spect each and every licensed taxicab at any
§ 3;6.13
time. The intent of such an inspection is to
ensure compliance k�ith all applicable safe-
ty requirements of the State of 34innesota
and t1:e ruIes established herein.
(3) Penalty: Failure by an o�cner to cubmit each
and every licensed taa�cab for a periodic
inspections at an zuthorized in;pection sta-
tion and/or for a biannual inspection by the
fire/police equipment sen�ices garage shall
result in the following:
a. The license inspector shall seize the li-
cense plates of each and ecery unin-
spected taxicab;
b. The license inspector shall hold the
seized license plates until the taa
is inspected and found to be in a safe
condition by an authorized inspection
station or the fire/police equipment ser-
vices garage or until action of the coun-
cil as provided for herein; and
c. Immediaiely after such seizure, the in-
spector shall notify the licensee, spec-
ifying in detail the cause for seizure,
and stating that the licensee has a right
to a hearing on the seizure. The hear-
ing shall be held at the nest license
meeting of the city council after the re-
ceipt of a written request for hearing
unless a later hearing is requested by
the licensee. After such hearing, the
council shall determine whether the
plates shall still be held and whether
such license shail be revoked.
(Code 1956, §§ 153.01-153.08; Ord. I�?o. 16874,
1-7-82; Ord. No. 16992, 1-18-53; Ord. ATO. 16993,
1-18-83; Ord. No. 17075,11-17-83; Ord. No.17764,
§ 7, 8-28-90; Ord. No. 17873, § 2, 9-24-91; C.F. No.
94-199, § 12, 3-23-94)
Sec. 376.13. License—Transfers.
Notwithstanding the provisions of any other or-
dinance to the contrary, a public vehicle license
shall not be transferable from person to person on
and after January 1, 1993.
(Code 1956, § 152.13; Ord. No. 17698, § 1, 11-21-
89; Ord. No. 17764, § 8, 8-28-g0; C.F. No. 95-477,
§ 3, 5-31-95)
Supp.No.30 2149
9 G- $'14
§ 376.14
Sec. 376.14. Same—Revocation.
LEGISL�TI\'E CODE
(a) Reuocatiorz for cause; failure to pay judg-
ment. Public vehicle licenses may be re�oked b}�
the city council at any time for cause, after hezr-
ing, and shall be revoked upon it appearing to the
council that any licensee of any public vehicle shall
have failed to pay �zthin ninety (90) da}•s after
the time to appeal has expired from any judgment
against said licensee for damage to person or prop-
erty resulting from the negligent operation, use or
defective condition of any such public vehicle, there
being no appeal taken from such judgment; and in
case an appeal is taken, shall ha�•e failed to pa�
within ninety (90) days after the determination of
the appeal any such judgment for damages to per-
son or property resulting as aforesaid.
Where such revocation is for failure to pay any
such judgment, any and all other public vehicle
licenses issued to the judgment debtor for other
vehicles shall likewise be revoked. �iThen the li-
cense is revoked, notification of the same shall be
fonvarded by the inspector to the director of the
department of police, and the taxicab or taxicabs
shall not be allowed to operate thereafter, nor shall
any new license be issued to the judgment debtor
while any such judgment remains unsatisfied. The
inspector shall keep a complete record of each taxi-
cab license issued and all renewals and revoca-
tions thereof.
(b) F¢ilure to oper¢te aehicles. V�Thenever any
person, firm, copartnership or corporation holding
one (1) or more licenses for public vehicles for hire
shall, for a period of thirty (30) days consecutively,
fail to make a reasonable and consistent effort to
operate such vehicles, except on account of an emer-
gency over which the licensee has no control, the
city council, upon hearing after five (5) days' no-
tice to the owner or operator, shall revoke all li-
censes covering such vehicles.
(c) Unsafe vehicZes. In any case where the in-
spector determines, on the basis of an inspection
of a taxicab, that use of the taYicab for public
patronage constitutes a serious threat to the pub-
lic health or safety, or the health or safety of pas-
sengers, the inspector may suspend the license
issued to that vehicle and seize the license plates
of that vehicle. Such suspension shall last until
the condition causing the threat to health or safe-
ty is corrected to the satisfaction of the inspector,
or untii action of the council as pro��ided for here-
in. Immediately after such seizure or suspension,
the inspector shall notify the licensee, specifying
in detail the cause for the seizure or cuspension,
and stating that the licensee has a right to a heaz-
ing on the suspension. T'he hearing shall be held
at the next license meeting of the city council af-
ter the receipt of a written request for hearing
unless a later hearing is requested by the licens-
ee. After such hearing, the council shall deter-
mine vvhether such suspension shall continue or
not, or whether such license shall be revoked.
(Code 1956, §§ 152.15, 152.16, 152.10)
Sec. 376.15. Fares and charges; regulations.
(a) F¢res. No person, firm or corporation own-
ing, operating or controlling any motor vehicle op-
erated and licensed as a taxicab shall chazge any
other rate except as herein provided:
(1) The rate of faze for taxicabs operating w�ith-
in the city shall be one dollar and eighty
cents ($1.80) for the first one-thirteenth (Nia)
of a mile. The rate for each additional mile
beyond the first mile shall be one dollar
and thirty cents ($1.30). Ail fazes for dis-
tances greater than one (1) mile shall be
calculated in ten cent ($0.10) increments of
one-thirteenth (�/ia) of a mile. The
Supp. No. 30 2150
9G-8�S
DEPAFi7MENT/OFFlCF1CpUNqL DATE INfiIAiED
Citizen-Service 7-31-96 GREEN SHEET r,o. 3 1 2
INRIAU DATE INITIAVDATE—
COMACf PERSON & PHONE � DEPAfl7MENT DIHEC � CT' COUNqL
Fran Swanson - 266-8690 N u � � GTY ATfOflNEY � cm aeaK
MUSt BE ON COUNpL AGENDA BY (DA7Ej � O BUOGET WSECIOA � FlN. & M6T. SE9VlCES DIA.
8-7-96 �h7AYOR(OflASSISTANT) �
TOTAL # OF SIQNATURE PAGES i (CLIP ALL LOCATIONS FOR SIGNATUR�
Approva2 of Polling L"ocations for the Primary aad GeneraZ Elections for September and
November of 1996
_ PLANNING WMMISSION _ CIVIL SERVICE COMMISSION ��
_ CIB COMMITTEE _
_ �,� _ COMMEN
_ DI5iAICT �pURT _
SUPPOR7S WHICH CpUNGR 08JECfIYE7
fIAiING PRpBLEM, ISSUE, OPPOFTUNIN (Who, Whet, When, Where, Wnyj:
Some polling locations had to be changed by Ramsey County.
IF APPROVED:
Voters will have access to the polls
IF APPROVED:
None
PHONE NO.
6I:l��� �•T,�St2i l�r
�UL � �. `1936
IF NOT APPROVED:
Polling locations will be unavailable to the citi"zens af Saint Paul
AMOUNT OF TRANSACTION $ � COST/REVENUE BUDGETED (CIRCLE ONE) YES ' NO
FUNDWG SOUHCE ACTIYI7Y
FiNANCIAL INFORMATION: (EXPLAIN)