Memorandum

City of Lawrence

Administrative Services Department

 

To:

Dave Corliss, City Manager

 

From:

Frank S. Reeb, Administrative Services Director

 

CC:

Toni Wheeler, Director of Legal Services

Sheila Stogsdill, Interim Director of Planning

Brian Jimenez, Codes Enforcement Manager

 

Date:

May 3, 2007

 

Re:

Terrell Session (Zippy Taxi) Taxicab License Application 

 

 

Introduction

Terrell Sessions, doing business as Zippy Taxi, has submitted two separate applications for a City of Lawrence Taxicab License.  Both applications indicate Mr. Sessions will be operating the taxi business from his home at 224 Summerfield Lane.  While the most recent application, on its face, contains sufficient information to suggest recommending approval of the license, based on additional information from staff, including observations of operating a cab without a license (in a different vehicle than listed on the application) and based on citizen complaints, staff recommends denial of the taxi license. 

 

Background

In late January of this year, the City Clerk’s Office received a request for a Taxi Cab License Application from Danielle Sessions.  Later that month, the City Clerk’s Office received a Zippy Taxi application and check for $100. (the check was processed).  The application indicated only one vehicle would be used for the taxi service (1995 Chevy Lumina, Sedan).  The insurance information provided with the application, a proof of insurance card, was insufficient because it did not contain any policy limit information as required by City Code Section 6-609. 

 

At about this same time, City staff noted a January 23, 2007, Lawrence Journal World newspaper article stating that Zippy Taxi was running a home based business taxi service using three cabs.  An excerpt taken from that article stated the following: “For now, Session is running his three cabs – a Ford Windstar minivan, a Mitsubishi Galant Sedan and a Chevy Lumina Sedan – out of his home on Summertree Lane.  He’s looking for an office and is working to line up more delivery business.”  Beth Griffin, Zoning Enforcement Officer then contacted Mr. Sessions and she emailed the following information to the City Clerk’s Office:

 

“I spoke with both Terrell and Danielle Session today concerning the taxi service at 224 Summertree Ln. There were some differences in stories from the two, but the main piece of information is that currently Terrell is driving his personal car to make deliveries for Bigg’s BBQ. He is also running a car detail business called Heavenly Shine Detail. He said that the detailing business is mobile and he has not detailed any vehicles for a couple of months. I informed him that he could run only one business from his address. He said that the Chevy Lumina that he registered with the City for the taxi service he has since given away as a gift. He is not running a taxi service as of now. He said he talked to Mary Miller in planning at that she informed him that he was not breaking any codes right now. I told him to call my office back when he is ready to start the taxi service. He is looking for a van and a new insurance provider for the taxi service.”      

 

City staff did not hear from Mr. Session again or have any contact with him until mid April.  On April 18th Brian Jimenez, Codes Enforcement Manager, received a citizen complaint that Mr. Sessions was observed picking up clients at The Wheel the previous weekend.  Brian then called for a cab later in the day and met with Mr. Session to let him know that he was not licensed.  Mr. Session was driving a dark green 4dr Mitsubishi Galant.  He advised this was the only vehicle he was using for his service.  Brian inquired about the van and was told the van was not going to be used for the taxi service.  Brian advised him to cease operation immediately until he submitted a complete application and it was approved. 

 

On April 19th Mr. Session then submitted a second application indicating the use of a Ford Windstar 8 passenger van as the only vehicle to be used in the taxi business.  The Certificate of Insurance required for the application was received from CEK Insurance on April 23rd. 

 

Also on April 23rd, Planning staff received a one page summary of Mr. Session’s proposed home based business.  Planning staff had previously requested this information in order to determine the appropriateness of the proposed home based business.  Mary Miller, Planner, has stated that if Mr. and Mrs. Session reside in the house and are the only employees of the taxi service, as indicated in Mr. Session’s letter of April 23rd, this would be considered a TYPE A Business and would not require registration.  Only one vehicle with the company name can be located on the site, so both taxis could not be parked at this location if they have the company name or logo displayed.  Section 20-537(5)(ii)(b) states that “Home Occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.” If the taxi company would grow to the point where an employee or employees were coming to the site and being dispatched to other locations, this could no longer operate as a home based business.  According to Mary, Planning would have no objection to approval of the business as described in Mr. Session’s letter.  However, if the business would grow to include another employee which came to the site, it could not be operated as a home occupation and would have to be located in a Zoning District in which it is a permitted use.

 

On May 3rd I spoke to the citizen who filed a complaint with Brian Jimenez.  The citizen told me that as recently as last week, Mr. Sessions was seen operating taxi cabs in Lawrence.  I also spoke to Mr. Session earlier this week and he told me the information on the most recent application is correct and that he intends to use only the Ford Windstar passenger van as his only licensed cab until he can expand his business. 

 

Recommendation
While the most recent taxicab license application and home based business summary would appear to support approval of the license, based on information received from citizens and observed by City staff, staff recommends denial of the taxicab license.