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97-1369Council File # ! �' ��1 Green sheet # l00 7 yy RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To Committee : Date �4 RESOLVED, that the TaYicab Vehicle licenses (License ID Nuxnbers 47408, 99880) Cab Numbers 4 and 10, held by CIN, Inc.; and Tasicab Vehicle licenses (License ID Numbers 39283, 45728), Cab Numbers 53 and 64, held by and JNJ, Inc.; both d/b/a City Wide Cab Co. are hereby considered abandoned and thereby revoked for failure to renew vehicle licenses within 30 days following expiration of the licenses. This Resolution and the action taken above aze based upon the facts which aze suuunarized in the July 19, 1997 Notice of Expiration of License letters to the licensee, and such arguments as may have been presented to the Council at the public hearing. The Licensee did not contest the facts. Requested by Department of: Adopted by Council: Date � �rj f Adoption Certified by Council Secretary By: �- Approved by Mayorc Date f2! �'i/f�-- BY . ��' " '" I � !� �• �! � / . Form Approved by City Attorney BY' VUZ 4v�-- �.` 4��./'-y 4^ U Approved by Mayor £or Submission to Council � ci� courrcn, TACT PERSON & PFIONI Dave Thune � ov�.r�r c�e.art u arvcoi.c.. _ aGENDA BV (OATq 1�7 �s51GN NUYBERFOR ❑fJIYATiOP1EY CT/CliRl[ ROUTIIIC � � N1611C5�11FR11tF30Yl AIMIlJ�LfBNIiGCTC ❑wvw(aeumnnrrtl ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) November 6, 1997 ��-�.�� GREEN SHEET No 60'744 Concerning TaYicab Vehicle Licenses held by CIN, Inc. & INJ, Inc., dba Ciry Wide Cab. Co. (Uncontested) PLIW NING COMMlSS{ON CIB COMMITTEE CIVIL SERVICE COMMISSION IF AOUNT OF TRANSACTION SOURCE (�WM Has ttiie persoNfirm everv.rorkeU under a cantract tor fhis tleparhnent7 tlFS ty0 Hes this pemoMfirm erer 6een a tatY emVbYee� YES NO Does this Personlfixn Paaeess a sldll nd narmallYP� bY any cu�re�+t cihl emWoYee? YES NO Is Mis personRrm a targMeO veMoY1 YES NO COSTrttEVENUEBUDOETED�GRCLEON� ACTIVPT`/ NUMBER YES NO g i - i3�G UNCONTESTED LICENSE HEARING Licensee Name: CiN, Inc. 8� JNJ, Inc. dib/a City Wide Cab Co. Address: 665 North Snelling Avenue Council Hearing Date: November 12, 1997 Violation: Failure To Renew 1997-98 License Fees/Abandonment of Taxicab Vehicle Licenses St. Paut Legislative Code § 375.05(d)(2) License Expiration Date: April 30, 1997 Presumptive Penaliy: Loss of Taxicab Vehicle License - Loss of Taxicab Licensee's Right to Renew License Recommendation of Assistant City Attorney on behalf of client, Office �� of License, Inspections and Environmental Protection: Loss of Taxicab Vehicle License and Loss of Taxicab Vehicle Licensee's Right to Renew License Attachments: 1. Proposed resolution 2. City September 23, 1997 letter 3. City's August 26, 1997 letter 4. Licensee's Jufy 30, 1997 tetter 5. Notices of Expiration of License 6. License information 9 7 -��9 OFFICE OF THE CITY ATTORNEY PegBirlc, CityAttorney CITY OF SAINT' PAUL Civil Division Norm Colemmi, Mayor 400 Ciry Ha71 - IS West KelloggBtvd Saint Paut, Mbmesota 55702 October 27, 1997 NOTICE OF COIINCIL HEARING Kenneth J. Rohleder Attorney at Law 665 North Snelling Avenue Saint Paul, Minnesota 55104 Telephone: 612 166-8 710 Facsimik: 6I2 298-5619 RE: Taxicab Vehicle Licenses held by CIN, Inc_ & JNJ, Inc. d/b/a City Wide Cab Co. Vehicle license numbers 9, 10, 53 and 64 License ID Nos.: 47408, 99880, 39283, 45728 Our File Number: G97-0363 Dear Mr. Rohleder: Please take notice that a hearing concerning the above-identified taxicab vehicle licneses has been scheduled for 4:30 p.m., Wedneadag, Iqovember 12, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to renew the four identified taxicab vehicle licenses has not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be that these four taxicab vehicle licenses be deemed abandoned and thereby revoked. If you have any questions, please call me at 266-871�. Very truly yours, � � U c�/.,,,� Virgi Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Aaomey g7 - ��9 CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Divition 400 Ciry HaII IS i�esf KeUogg Blvd Sa'vu Pau� M'mnesom 55102 Telephane: 671166-8770 Facsbnrte: 672 298-5619 September 23, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 Re: TaxiCab Vehicle Licenses of CIN, Inc Dear Mr. Rohleder: and JNJ, Inc. I am writing to follow up on a letter I sent to you dated August 26, 1997 in which I indicated that the Office of License, Inspections and Environmental Protection was not willing to consent to the transfer of the above licenses to a designated party. In the letter I outlined the two options for dealing with the Notice of., Expiration of licenses previously sent. If I have not heard from you by Friday, October 3, 1997 as to how you wish to proceed, I will assume that you are waiving your right to an administrative hearing to determine the facts and consenting to a hearing in front of the City Council. Please feel free to contact me at 266-8710 if you wish to discuss this matter further. Sincerely, � < � � �,� ,� G�� Virgi Assistant City Attorney � CITY OF SAINT PAUL Narnr Cokmm; Mayor August 26, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Atforney � 7 - �.�lo�''! Civi! Divisian 400 C+ry Hall IS West Kellogg BHd Sainr Pau; Mnnesom 55102 Te(ephone: 612 266-871Q Fauimile: 6I2198-5679 RE: Licenses of CIN, Inc. & JNJ, Inc. Dear Mr. Rohleder: Thank you for your letter of Ju1y 3�, 1997 regarding the e�iration of taxicab vehicle licenses held by JNJ, Inc. and CIN, Inc. I have reviewed this matter with the Office of License, Inspections and Environmental Protection, but they do not wish to consent to the transfer of the licenses to St. Paul Cab Driver's Association, Inc. at this time. I have checked the status of Council File 97-870, which amended ChapteY 376 of the Saint Paul Legislative Code. It was adopted on August 13, 1997 by the City Council and will be e£fective thirty days after the adoption. The changes to the ordinance will not be retroactive. The expiration of the licenses at issue occurred on April 30, 1997. At this point you have the option of requesting a hearing before an Administrative Law Judge, whose Findings of Fact, Conclusions and Recommendation would go before Council for action, or of not contesting the facts and proceeding directly to Council. At a hearing in front of the Council you would have an opportunity to speak on your behalf. If you have any questions about the options, you may contact me at 266-8710 to discuss them. Since�ely, -�/�o .� � �,�. ViYgi ia D. Palmer Assistant City Attorney cc: Robert Kessler, Director o£ LIEP 07/3011997 14:48 612-642-2619 S. L. hELS�N & ASSOC �`J 7 - /.�10�1 (BI� Bt�L2800 (6Y� 6i8-2619 f� a�l]�y `3Q� ��l �.1� O� �A81IIE p8t3}. AT12T: V3rginia D. Palmer Assiatant City Atf,axaey C:ivil I7ivisicn 400 Gify Hall 16 W. Kellogg Blvd. Sauat Pau1, MN 68102 � re: OuY P'ile Na. 3U66.00 De� Ms. Paimer: ffi1TNETH d. EOHI.EDER ATTO$2d%YATI.AW e66 P. &L7�lS�IIiR AYEUTT7� SAIIi'l PAIIL, MN bSiD4-18� PAGE 02 D�.! IYal: Bt4-9ea2 vx� �Ax xo_ �sa.�si� This 3eLter is in resP�nse tu Yaur t�rxespundersce of Ju1Y 1B, 2987, with r�gatd to nntim af �� orr.� 4� �s �hr.�rrra, �. � c�r, �. As I recently.adr;s�ed, yon Uy telephone. the above corparatione did mt apply f� senewai af their li� an AprIl 30, 1597, in view nf the City'e determiaation thaR the licenees wouid aot be allawed to be #ansfsrred and wonid, uades ti� t�sen aadi�anoe regard"mg tran�abiiil,v, revelt to the City of Saint Paul for fuhxre di�poffition. 9ubaeq�xstl9, an July $,1997, the b�ee o( Licenae, Impectiflns and E�vixonmental Peeteetion p�oposed leg3elation for 7imited traneferabIIity o€ taatcab Iicensea The Raeti4a involved on t�e In+op�ed traneCers wae Ordinamce 3eeEion 376.13. Licease-Traw�'ens. 7'be s�et effect of #1se pmpose@ legis,lat5pa a6 eet faath 3n the pmpoeal t4 the C�mml of the Gity �' Sai� Paui wae to allaw tran�era of etoct af aarporations to wbom �xieab lidansee l�ad been iscoed uPOn erp�aa�Al O1'the City Oa As yon exe aware from hacing been imulvea iu tbe mast receat litigatioa iseuea brought in the Lsta�e of �amee 1Q. Jo�e, th'se was the eaect x+equest that had heen made bp the eatate #a� trsnsFer of the stock of JNd, Inc. and GII�, Inc. 7z nmv �peara t1�st the firet Gity Connes'1 hearing on doly 2S. 199'7, xeceived m oppo�tion snd thia mstter wiil mova focward ebsent irr�v�aiag sctian end allosring what the City I.ieen�xg Q85ce ngpmed m t1�e privr Titigsf3on ta became a patt� af the CiIEy lioense �er aa'dinanoe. 07/30/1997 14:48 612-642-2619 S. L. hELSOM & AS�AC PAGE 03 �� - /,��o ° i Gity of Saiat Psul hilY SE),1997 �a t16 I preripusiy ;��a to You, I am ver9 disturbed tl� tha Gitp Li� O�ce has done a �ple� xeFerasl vf ity Pc� Positiqn and placed 9a jeopardp the tmdtab lio�neea iaaued to the two {2) cmpor�.i�s s� above. The Estate a#' Jsmes N. 3ahannes in� sabeta�ist costs ax� expe�s ia br�nging this maLter i�o Rameey CoarAy Jhstr;ct Covrt sad iu a snbeecNeat Imeriag baCoQe the Hearmg F,saminer. En view aFthe ct�reat P��S �� Se, I am reque�g thai oonsideratian ba given to gssutiag wasent to tbse tr�r of stock snd !Le treu�sFeraDility of t�s ta�eab Uaennes nsvned 1� �rra, �. �a ciu�r, r� � � ��a � �. r� r,� nriY� ��, �. rn otsiQr to auow time for � re�ponse &mn yau at� ia vie.v of the desdliae ot Fx id�v> Augusk 1, �: p� to Y�' �Po�s� ��lY �, �7� Yon m�y eax�ider this letter as a conteat Go the fart sl�at the licevse renewals were ao! effscted due to the mn#reasFexabilitv of the licenses. Wonld yon please contack me aflrx yon have had an oyportnnits ta xeriew thie mstter with the Q�ice o! Licensa, I�p�ta� 8ad Enviranmesisal Proteciion TLank pon f� yoar caaPeratiam and as�stance in thie matter. Ymus vexY �9. .780 _�"> OFFICE�} TI� CITY ATTORNEY ... Peg B'vk �:-� Anorney g7 CITY OF SAINT PAUL Norm Coleman, Mayor Civi! Div'uion 400 City HaQ IS LYest KeAogg BTvd Sa'nu Paul M'�esam 55102 Telephone: 611266-8770 Facrimik: 6I129&5619 July 19, 1997 NOTICB OF SSPIRATION OF LICENSF's Owner/Manager JNJ, Inc. 340 Atwater Street Saint Paul, MN 55117 RE: Taxicab Vehicle Licenses held by JNJ, Inc. d/b/a City Wide Cab for vehicles #53 and 64 License # 39283 & 45'I28 Dear SirfMadam: The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: License fees for the 1997-98 license period were due oa or before April 30, 1997. These fees have aot beea paid and the licenses have not beea renewed. Saint Paul Legislative Code §376.05(d)(2) states that failure to apply for reaewal o£ aay public vehicle license withia thirty days after expiratioa shall be deemed an abandonmeat of tha licenaee's right to such renewal. If you do not dispute the facts listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition of the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIF,sP office at that time that the licenses be considered abandoned and available £or other applicants pursuant to chapter of the Code. I£ you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. xe can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative iaw � judge who would be presiding. :'"l 9 � - �� I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, i G�� Virgi ia D. Palmer Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MINNESOTA ) ) ss_ COUNTY OF RZ�MSEY � .:, 97-i,3�� AFFIDAVIT OF SERVICS SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager JnJ, Inc. 340 Atwater Street Saint Paul, MN. 55117 Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. this Notary to before me , 1997. 37 ' `� OfFIC3''� TF� CITY ATTORNEY _ _ Peg Bin� L..� Anorney /� 77 CITY OF SA1NT PAUL Narm CoTemm+, Mayor July 19, 1997 Owner/Manager CIN, InC. Civil Divisian 400 Ciry Ha71 15 West Kellogg Blvd Sa'mt Pau� M'mnesom 551O1 Telephrnx: 6I2 2668770 Facs�rk: 61129&5619 NOTICS OF S%PIRATION OF LICENSfi 340 AtwateY Street Saint Pau1, MN 55117 RE: Taxicab Vehicle Licenses for vehicles #9 and 10 License # 47408 & 99880 Dear Sir/Madam: held by CIN, Inc. d/b/a City Wide Cab The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: Licease fees for the 1997-98 license period were due on or be£ose April 30, 1997. These fees have aot beea paid and the licenses have not been reaewed. Saint Paul Legislative Code §376.05(d)(2) statea that failure to apply for renewal of aay public vehicle license within thirty days after expirat3oa ahall be deemed au abaadonmeat of the licensee's right to such renewal. If you do not dispute the faats listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition o£ the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIEP office at that time that the licenses be considered abandoned and available for other applicants pursuant to chapter of the Code. If you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. He can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative law � -� _--� g7 judge who would be presiding. I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, `� �. GLf��u!/L Vir in a 9 Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MII3NESOTA ) ) COUNTY OF RAMSEY `� 9�-i�3�9 Ss. AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 Owner/Manager CIN, Inc. 340 Atwater Street Saint Paul, MN. 55117 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 21st day of July, 1997. Notary Pub ic � RITA M. BOSSARD � NOTARY PUBLIC - MINNESOTA Ran�s�r couurr Mr commi. �pires.�ar,. s,. 2ooc s ■ �d � -��9 Lic ID ................... STAT..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Aate. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 45728 AC J N J INC 64 6/30/95-LETTER SENT OFFERING EXPIRATION AUG 15 95 DUE TO ATTEMPTED TRANSFER-SEE AI,SO 39283, 47408 AN D 99880-COPY AND AFFIDAVIT IN FILE-TG 4/15/96-REMEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 1G1AW81R7K6232568 1989 CHEV GAN NATIONAL BAP9510035 04/30/95 04j30j96 04/30/97 1626529 489-1111 �17 -��31v° Lic ID ................... STAT ..................... Business Name............ Cab Number ............... I30TE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telepho ................ 39283 AC J 13 J I13C 53 4j30f95 AT RENEWAI�, THE VEHICLE Ni7MBER WAS CHANGED FROM #65 TO #53 PER MANAGEMENT AT THE REQUEST OF THE CAB OWNER (DUE TO A MURDER IN TIiE FORMER VEHICLE - VEHICLE CHANGE ALSO - NEW VIN NCJMBER ENTERED PRIOR TO RENEWAL PAYMENT BEING ENTERED.) --LAP-LIC 6/30j95-LETTER SEI3T OFFERING LICENSE TO EXPIRE 8{1 5/95 DUE TO CORPORATE TRANSFER-SEE ALSO 45728,4740 8 AND 99880-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84RXL2119356 1990 CHEV GAN NATIONAL R2202014 04f30/96 04/30/97 04f30/97 1626529 489-1111 ti �7 -!�/09 Lic ID ................... STAT ..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Susiness As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance E££ective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 99880 AC C I N INC 10 6/30/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED LICENSE TRANSFER-SEE ALSO 39283, 45728 AND 47408. LETTER AND AFFIDAVIT IN F ILE-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84ROL2119088 1990 CHEV CELEBRITY REINSURANCE CORP OF NY R2202014 04/30/96 04/30/97 04/30/97 1626529 489-1111 c1 ? - /�/�9 Lic ID ................... STAT ..................... Business Name...._....... Cab Number ............... NQTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance.Effective Date. Ins. Expiration Date..... Exp Date ................. Tax Id ................... Worker Comp Exp Date..... Telephone ................ 47408 AC C I N INC 09 6f3�/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED TR.ANSFER-SEE ALSO 39283, 4 5728, AND 99880-LETTER AND AFFIDAVIT IN FILE-TG 4/15/96 RENEWAL INVOICE RETUEND TO SENDEI2-TG CITY WIDE CAB CO 2G3A454N4L2330595 1990 OLDS REINSURANCE CORP OF NY R2202014 O5/29/96 04j30/97 04/30/97 1626529 489-1111 "1`1 —13 �°� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 25, 1997 TO: Council President David Thune Ciry Councilmembers FROM: Virginia Palmer `�'`�' Assistant Ciry Attomey RE: CIN & JNJ, Inc. This matter was on the Council Agenda on November 12, 1997. The Office of License, Inspections and Environmental Protection is recommending that the four tasicab vehicle licenses held by CIN, Inc. and JN7, Inc. be determined to be abandoned based upon the fact that the licenses were not renewed. They were not renewed because the license holder is deceased, and an earlier determinadon of the Ciry Council found that the licenses could not be �� iransferred to another party. The corporations in quesTion, CIN, Inc. and JNJ, Inc., each had a single shareholder, 3ames 7ohannes. Mr. Johannes died on November 22, 1994. When it came to the attention of LIEP that the renewai application for the licenses had been signed by the personal representative for the estate, a letter was sent explaining that the transfer of stock in the corporation would be considered a prohibited transfer of the licenses. The personal representative took the position that it was possible to transfer the licenses by transferring control of the stock in the corporation. An acrion was commenced in Ramsey County District Court by the personal representative to seek an order permitting the proposed sale of ffie stock to a third corporation. Judge Connolly found that such a sale would be a prolubited transfer of stock and denied the requested relief. The Office of LIEP then requested that the licenses be relinquished to them, but the personal representative refused to do so, and an adverse acfion was commenced. The Council determined that the stock in the corporation could not be sold or transfened to any other entity without it constituting a prohibited person-to-person transfer. Subsequenfly, the Council adopted amendments to the ordinance which raised the cap on taYicabs to 124 and allowed limited transferability. The memo provided to you by Robert Kessler provides additional a�-t��°� information about this ordinance change. Because the licenses were still not relinquished to the LIEP office, a letter was sent to the personal representative giving notice thatthe licenses were expired. The factthatthe licenses have expired is not contested. The personal representative for the estate did not appeaz at the public hearing, despite notice being given of the time and date. The person who did appear represents the company which wishes to acquire the licenses. The ordinance change in question occurred two and a half years after the death of the license holder. The City has now gone through a District Court acrion, an adverse hearing before an administrative law judge and is still attempting to have the licenses relinquished to them, as was required all along by the ordinance. There is no unfaimess to the license holder in this situation to determine that the licenses have been abandoned, and it would be unfair to treat this license holder differenfly than other similarly situated persons who have relinquished their licenses under the same circumstances. Council File # ! �' ��1 Green sheet # l00 7 yy RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To Committee : Date �4 RESOLVED, that the TaYicab Vehicle licenses (License ID Nuxnbers 47408, 99880) Cab Numbers 4 and 10, held by CIN, Inc.; and Tasicab Vehicle licenses (License ID Numbers 39283, 45728), Cab Numbers 53 and 64, held by and JNJ, Inc.; both d/b/a City Wide Cab Co. are hereby considered abandoned and thereby revoked for failure to renew vehicle licenses within 30 days following expiration of the licenses. This Resolution and the action taken above aze based upon the facts which aze suuunarized in the July 19, 1997 Notice of Expiration of License letters to the licensee, and such arguments as may have been presented to the Council at the public hearing. The Licensee did not contest the facts. Requested by Department of: Adopted by Council: Date � �rj f Adoption Certified by Council Secretary By: �- Approved by Mayorc Date f2! �'i/f�-- BY . ��' " '" I � !� �• �! � / . Form Approved by City Attorney BY' VUZ 4v�-- �.` 4��./'-y 4^ U Approved by Mayor £or Submission to Council � ci� courrcn, TACT PERSON & PFIONI Dave Thune � ov�.r�r c�e.art u arvcoi.c.. _ aGENDA BV (OATq 1�7 �s51GN NUYBERFOR ❑fJIYATiOP1EY CT/CliRl[ ROUTIIIC � � N1611C5�11FR11tF30Yl AIMIlJ�LfBNIiGCTC ❑wvw(aeumnnrrtl ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) November 6, 1997 ��-�.�� GREEN SHEET No 60'744 Concerning TaYicab Vehicle Licenses held by CIN, Inc. & INJ, Inc., dba Ciry Wide Cab. Co. (Uncontested) PLIW NING COMMlSS{ON CIB COMMITTEE CIVIL SERVICE COMMISSION IF AOUNT OF TRANSACTION SOURCE (�WM Has ttiie persoNfirm everv.rorkeU under a cantract tor fhis tleparhnent7 tlFS ty0 Hes this pemoMfirm erer 6een a tatY emVbYee� YES NO Does this Personlfixn Paaeess a sldll nd narmallYP� bY any cu�re�+t cihl emWoYee? YES NO Is Mis personRrm a targMeO veMoY1 YES NO COSTrttEVENUEBUDOETED�GRCLEON� ACTIVPT`/ NUMBER YES NO g i - i3�G UNCONTESTED LICENSE HEARING Licensee Name: CiN, Inc. 8� JNJ, Inc. dib/a City Wide Cab Co. Address: 665 North Snelling Avenue Council Hearing Date: November 12, 1997 Violation: Failure To Renew 1997-98 License Fees/Abandonment of Taxicab Vehicle Licenses St. Paut Legislative Code § 375.05(d)(2) License Expiration Date: April 30, 1997 Presumptive Penaliy: Loss of Taxicab Vehicle License - Loss of Taxicab Licensee's Right to Renew License Recommendation of Assistant City Attorney on behalf of client, Office �� of License, Inspections and Environmental Protection: Loss of Taxicab Vehicle License and Loss of Taxicab Vehicle Licensee's Right to Renew License Attachments: 1. Proposed resolution 2. City September 23, 1997 letter 3. City's August 26, 1997 letter 4. Licensee's Jufy 30, 1997 tetter 5. Notices of Expiration of License 6. License information 9 7 -��9 OFFICE OF THE CITY ATTORNEY PegBirlc, CityAttorney CITY OF SAINT' PAUL Civil Division Norm Colemmi, Mayor 400 Ciry Ha71 - IS West KelloggBtvd Saint Paut, Mbmesota 55702 October 27, 1997 NOTICE OF COIINCIL HEARING Kenneth J. Rohleder Attorney at Law 665 North Snelling Avenue Saint Paul, Minnesota 55104 Telephone: 612 166-8 710 Facsimik: 6I2 298-5619 RE: Taxicab Vehicle Licenses held by CIN, Inc_ & JNJ, Inc. d/b/a City Wide Cab Co. Vehicle license numbers 9, 10, 53 and 64 License ID Nos.: 47408, 99880, 39283, 45728 Our File Number: G97-0363 Dear Mr. Rohleder: Please take notice that a hearing concerning the above-identified taxicab vehicle licneses has been scheduled for 4:30 p.m., Wedneadag, Iqovember 12, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to renew the four identified taxicab vehicle licenses has not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be that these four taxicab vehicle licenses be deemed abandoned and thereby revoked. If you have any questions, please call me at 266-871�. Very truly yours, � � U c�/.,,,� Virgi Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Aaomey g7 - ��9 CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Divition 400 Ciry HaII IS i�esf KeUogg Blvd Sa'vu Pau� M'mnesom 55102 Telephane: 671166-8770 Facsbnrte: 672 298-5619 September 23, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 Re: TaxiCab Vehicle Licenses of CIN, Inc Dear Mr. Rohleder: and JNJ, Inc. I am writing to follow up on a letter I sent to you dated August 26, 1997 in which I indicated that the Office of License, Inspections and Environmental Protection was not willing to consent to the transfer of the above licenses to a designated party. In the letter I outlined the two options for dealing with the Notice of., Expiration of licenses previously sent. If I have not heard from you by Friday, October 3, 1997 as to how you wish to proceed, I will assume that you are waiving your right to an administrative hearing to determine the facts and consenting to a hearing in front of the City Council. Please feel free to contact me at 266-8710 if you wish to discuss this matter further. Sincerely, � < � � �,� ,� G�� Virgi Assistant City Attorney � CITY OF SAINT PAUL Narnr Cokmm; Mayor August 26, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Atforney � 7 - �.�lo�''! Civi! Divisian 400 C+ry Hall IS West Kellogg BHd Sainr Pau; Mnnesom 55102 Te(ephone: 612 266-871Q Fauimile: 6I2198-5679 RE: Licenses of CIN, Inc. & JNJ, Inc. Dear Mr. Rohleder: Thank you for your letter of Ju1y 3�, 1997 regarding the e�iration of taxicab vehicle licenses held by JNJ, Inc. and CIN, Inc. I have reviewed this matter with the Office of License, Inspections and Environmental Protection, but they do not wish to consent to the transfer of the licenses to St. Paul Cab Driver's Association, Inc. at this time. I have checked the status of Council File 97-870, which amended ChapteY 376 of the Saint Paul Legislative Code. It was adopted on August 13, 1997 by the City Council and will be e£fective thirty days after the adoption. The changes to the ordinance will not be retroactive. The expiration of the licenses at issue occurred on April 30, 1997. At this point you have the option of requesting a hearing before an Administrative Law Judge, whose Findings of Fact, Conclusions and Recommendation would go before Council for action, or of not contesting the facts and proceeding directly to Council. At a hearing in front of the Council you would have an opportunity to speak on your behalf. If you have any questions about the options, you may contact me at 266-8710 to discuss them. Since�ely, -�/�o .� � �,�. ViYgi ia D. Palmer Assistant City Attorney cc: Robert Kessler, Director o£ LIEP 07/3011997 14:48 612-642-2619 S. L. hELS�N & ASSOC �`J 7 - /.�10�1 (BI� Bt�L2800 (6Y� 6i8-2619 f� a�l]�y `3Q� ��l �.1� O� �A81IIE p8t3}. AT12T: V3rginia D. Palmer Assiatant City Atf,axaey C:ivil I7ivisicn 400 Gify Hall 16 W. Kellogg Blvd. Sauat Pau1, MN 68102 � re: OuY P'ile Na. 3U66.00 De� Ms. Paimer: ffi1TNETH d. EOHI.EDER ATTO$2d%YATI.AW e66 P. &L7�lS�IIiR AYEUTT7� SAIIi'l PAIIL, MN bSiD4-18� PAGE 02 D�.! IYal: Bt4-9ea2 vx� �Ax xo_ �sa.�si� This 3eLter is in resP�nse tu Yaur t�rxespundersce of Ju1Y 1B, 2987, with r�gatd to nntim af �� orr.� 4� �s �hr.�rrra, �. � c�r, �. As I recently.adr;s�ed, yon Uy telephone. the above corparatione did mt apply f� senewai af their li� an AprIl 30, 1597, in view nf the City'e determiaation thaR the licenees wouid aot be allawed to be #ansfsrred and wonid, uades ti� t�sen aadi�anoe regard"mg tran�abiiil,v, revelt to the City of Saint Paul for fuhxre di�poffition. 9ubaeq�xstl9, an July $,1997, the b�ee o( Licenae, Impectiflns and E�vixonmental Peeteetion p�oposed leg3elation for 7imited traneferabIIity o€ taatcab Iicensea The Raeti4a involved on t�e In+op�ed traneCers wae Ordinamce 3eeEion 376.13. Licease-Traw�'ens. 7'be s�et effect of #1se pmpose@ legis,lat5pa a6 eet faath 3n the pmpoeal t4 the C�mml of the Gity �' Sai� Paui wae to allaw tran�era of etoct af aarporations to wbom �xieab lidansee l�ad been iscoed uPOn erp�aa�Al O1'the City Oa As yon exe aware from hacing been imulvea iu tbe mast receat litigatioa iseuea brought in the Lsta�e of �amee 1Q. Jo�e, th'se was the eaect x+equest that had heen made bp the eatate #a� trsnsFer of the stock of JNd, Inc. and GII�, Inc. 7z nmv �peara t1�st the firet Gity Connes'1 hearing on doly 2S. 199'7, xeceived m oppo�tion snd thia mstter wiil mova focward ebsent irr�v�aiag sctian end allosring what the City I.ieen�xg Q85ce ngpmed m t1�e privr Titigsf3on ta became a patt� af the CiIEy lioense �er aa'dinanoe. 07/30/1997 14:48 612-642-2619 S. L. hELSOM & AS�AC PAGE 03 �� - /,��o ° i Gity of Saiat Psul hilY SE),1997 �a t16 I preripusiy ;��a to You, I am ver9 disturbed tl� tha Gitp Li� O�ce has done a �ple� xeFerasl vf ity Pc� Positiqn and placed 9a jeopardp the tmdtab lio�neea iaaued to the two {2) cmpor�.i�s s� above. The Estate a#' Jsmes N. 3ahannes in� sabeta�ist costs ax� expe�s ia br�nging this maLter i�o Rameey CoarAy Jhstr;ct Covrt sad iu a snbeecNeat Imeriag baCoQe the Hearmg F,saminer. En view aFthe ct�reat P��S �� Se, I am reque�g thai oonsideratian ba given to gssutiag wasent to tbse tr�r of stock snd !Le treu�sFeraDility of t�s ta�eab Uaennes nsvned 1� �rra, �. �a ciu�r, r� � � ��a � �. r� r,� nriY� ��, �. rn otsiQr to auow time for � re�ponse &mn yau at� ia vie.v of the desdliae ot Fx id�v> Augusk 1, �: p� to Y�' �Po�s� ��lY �, �7� Yon m�y eax�ider this letter as a conteat Go the fart sl�at the licevse renewals were ao! effscted due to the mn#reasFexabilitv of the licenses. Wonld yon please contack me aflrx yon have had an oyportnnits ta xeriew thie mstter with the Q�ice o! Licensa, I�p�ta� 8ad Enviranmesisal Proteciion TLank pon f� yoar caaPeratiam and as�stance in thie matter. Ymus vexY �9. .780 _�"> OFFICE�} TI� CITY ATTORNEY ... Peg B'vk �:-� Anorney g7 CITY OF SAINT PAUL Norm Coleman, Mayor Civi! Div'uion 400 City HaQ IS LYest KeAogg BTvd Sa'nu Paul M'�esam 55102 Telephone: 611266-8770 Facrimik: 6I129&5619 July 19, 1997 NOTICB OF SSPIRATION OF LICENSF's Owner/Manager JNJ, Inc. 340 Atwater Street Saint Paul, MN 55117 RE: Taxicab Vehicle Licenses held by JNJ, Inc. d/b/a City Wide Cab for vehicles #53 and 64 License # 39283 & 45'I28 Dear SirfMadam: The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: License fees for the 1997-98 license period were due oa or before April 30, 1997. These fees have aot beea paid and the licenses have not beea renewed. Saint Paul Legislative Code §376.05(d)(2) states that failure to apply for reaewal o£ aay public vehicle license withia thirty days after expiratioa shall be deemed an abandonmeat of tha licenaee's right to such renewal. If you do not dispute the facts listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition of the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIF,sP office at that time that the licenses be considered abandoned and available £or other applicants pursuant to chapter of the Code. I£ you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. xe can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative iaw � judge who would be presiding. :'"l 9 � - �� I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, i G�� Virgi ia D. Palmer Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MINNESOTA ) ) ss_ COUNTY OF RZ�MSEY � .:, 97-i,3�� AFFIDAVIT OF SERVICS SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager JnJ, Inc. 340 Atwater Street Saint Paul, MN. 55117 Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. this Notary to before me , 1997. 37 ' `� OfFIC3''� TF� CITY ATTORNEY _ _ Peg Bin� L..� Anorney /� 77 CITY OF SA1NT PAUL Narm CoTemm+, Mayor July 19, 1997 Owner/Manager CIN, InC. Civil Divisian 400 Ciry Ha71 15 West Kellogg Blvd Sa'mt Pau� M'mnesom 551O1 Telephrnx: 6I2 2668770 Facs�rk: 61129&5619 NOTICS OF S%PIRATION OF LICENSfi 340 AtwateY Street Saint Pau1, MN 55117 RE: Taxicab Vehicle Licenses for vehicles #9 and 10 License # 47408 & 99880 Dear Sir/Madam: held by CIN, Inc. d/b/a City Wide Cab The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: Licease fees for the 1997-98 license period were due on or be£ose April 30, 1997. These fees have aot beea paid and the licenses have not been reaewed. Saint Paul Legislative Code §376.05(d)(2) statea that failure to apply for renewal of aay public vehicle license within thirty days after expirat3oa ahall be deemed au abaadonmeat of the licensee's right to such renewal. If you do not dispute the faats listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition o£ the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIEP office at that time that the licenses be considered abandoned and available for other applicants pursuant to chapter of the Code. If you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. He can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative law � -� _--� g7 judge who would be presiding. I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, `� �. GLf��u!/L Vir in a 9 Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MII3NESOTA ) ) COUNTY OF RAMSEY `� 9�-i�3�9 Ss. AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 Owner/Manager CIN, Inc. 340 Atwater Street Saint Paul, MN. 55117 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 21st day of July, 1997. Notary Pub ic � RITA M. BOSSARD � NOTARY PUBLIC - MINNESOTA Ran�s�r couurr Mr commi. �pires.�ar,. s,. 2ooc s ■ �d � -��9 Lic ID ................... STAT..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Aate. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 45728 AC J N J INC 64 6/30/95-LETTER SENT OFFERING EXPIRATION AUG 15 95 DUE TO ATTEMPTED TRANSFER-SEE AI,SO 39283, 47408 AN D 99880-COPY AND AFFIDAVIT IN FILE-TG 4/15/96-REMEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 1G1AW81R7K6232568 1989 CHEV GAN NATIONAL BAP9510035 04/30/95 04j30j96 04/30/97 1626529 489-1111 �17 -��31v° Lic ID ................... STAT ..................... Business Name............ Cab Number ............... I30TE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telepho ................ 39283 AC J 13 J I13C 53 4j30f95 AT RENEWAI�, THE VEHICLE Ni7MBER WAS CHANGED FROM #65 TO #53 PER MANAGEMENT AT THE REQUEST OF THE CAB OWNER (DUE TO A MURDER IN TIiE FORMER VEHICLE - VEHICLE CHANGE ALSO - NEW VIN NCJMBER ENTERED PRIOR TO RENEWAL PAYMENT BEING ENTERED.) --LAP-LIC 6/30j95-LETTER SEI3T OFFERING LICENSE TO EXPIRE 8{1 5/95 DUE TO CORPORATE TRANSFER-SEE ALSO 45728,4740 8 AND 99880-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84RXL2119356 1990 CHEV GAN NATIONAL R2202014 04f30/96 04/30/97 04f30/97 1626529 489-1111 ti �7 -!�/09 Lic ID ................... STAT ..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Susiness As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance E££ective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 99880 AC C I N INC 10 6/30/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED LICENSE TRANSFER-SEE ALSO 39283, 45728 AND 47408. LETTER AND AFFIDAVIT IN F ILE-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84ROL2119088 1990 CHEV CELEBRITY REINSURANCE CORP OF NY R2202014 04/30/96 04/30/97 04/30/97 1626529 489-1111 c1 ? - /�/�9 Lic ID ................... STAT ..................... Business Name...._....... Cab Number ............... NQTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance.Effective Date. Ins. Expiration Date..... Exp Date ................. Tax Id ................... Worker Comp Exp Date..... Telephone ................ 47408 AC C I N INC 09 6f3�/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED TR.ANSFER-SEE ALSO 39283, 4 5728, AND 99880-LETTER AND AFFIDAVIT IN FILE-TG 4/15/96 RENEWAL INVOICE RETUEND TO SENDEI2-TG CITY WIDE CAB CO 2G3A454N4L2330595 1990 OLDS REINSURANCE CORP OF NY R2202014 O5/29/96 04j30/97 04/30/97 1626529 489-1111 "1`1 —13 �°� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 25, 1997 TO: Council President David Thune Ciry Councilmembers FROM: Virginia Palmer `�'`�' Assistant Ciry Attomey RE: CIN & JNJ, Inc. This matter was on the Council Agenda on November 12, 1997. The Office of License, Inspections and Environmental Protection is recommending that the four tasicab vehicle licenses held by CIN, Inc. and JN7, Inc. be determined to be abandoned based upon the fact that the licenses were not renewed. They were not renewed because the license holder is deceased, and an earlier determinadon of the Ciry Council found that the licenses could not be �� iransferred to another party. The corporations in quesTion, CIN, Inc. and JNJ, Inc., each had a single shareholder, 3ames 7ohannes. Mr. Johannes died on November 22, 1994. When it came to the attention of LIEP that the renewai application for the licenses had been signed by the personal representative for the estate, a letter was sent explaining that the transfer of stock in the corporation would be considered a prohibited transfer of the licenses. The personal representative took the position that it was possible to transfer the licenses by transferring control of the stock in the corporation. An acrion was commenced in Ramsey County District Court by the personal representative to seek an order permitting the proposed sale of ffie stock to a third corporation. Judge Connolly found that such a sale would be a prolubited transfer of stock and denied the requested relief. The Office of LIEP then requested that the licenses be relinquished to them, but the personal representative refused to do so, and an adverse acfion was commenced. The Council determined that the stock in the corporation could not be sold or transfened to any other entity without it constituting a prohibited person-to-person transfer. Subsequenfly, the Council adopted amendments to the ordinance which raised the cap on taYicabs to 124 and allowed limited transferability. The memo provided to you by Robert Kessler provides additional a�-t��°� information about this ordinance change. Because the licenses were still not relinquished to the LIEP office, a letter was sent to the personal representative giving notice thatthe licenses were expired. The factthatthe licenses have expired is not contested. The personal representative for the estate did not appeaz at the public hearing, despite notice being given of the time and date. The person who did appear represents the company which wishes to acquire the licenses. The ordinance change in question occurred two and a half years after the death of the license holder. The City has now gone through a District Court acrion, an adverse hearing before an administrative law judge and is still attempting to have the licenses relinquished to them, as was required all along by the ordinance. There is no unfaimess to the license holder in this situation to determine that the licenses have been abandoned, and it would be unfair to treat this license holder differenfly than other similarly situated persons who have relinquished their licenses under the same circumstances. Council File # ! �' ��1 Green sheet # l00 7 yy RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To Committee : Date �4 RESOLVED, that the TaYicab Vehicle licenses (License ID Nuxnbers 47408, 99880) Cab Numbers 4 and 10, held by CIN, Inc.; and Tasicab Vehicle licenses (License ID Numbers 39283, 45728), Cab Numbers 53 and 64, held by and JNJ, Inc.; both d/b/a City Wide Cab Co. are hereby considered abandoned and thereby revoked for failure to renew vehicle licenses within 30 days following expiration of the licenses. This Resolution and the action taken above aze based upon the facts which aze suuunarized in the July 19, 1997 Notice of Expiration of License letters to the licensee, and such arguments as may have been presented to the Council at the public hearing. The Licensee did not contest the facts. Requested by Department of: Adopted by Council: Date � �rj f Adoption Certified by Council Secretary By: �- Approved by Mayorc Date f2! �'i/f�-- BY . ��' " '" I � !� �• �! � / . Form Approved by City Attorney BY' VUZ 4v�-- �.` 4��./'-y 4^ U Approved by Mayor £or Submission to Council � ci� courrcn, TACT PERSON & PFIONI Dave Thune � ov�.r�r c�e.art u arvcoi.c.. _ aGENDA BV (OATq 1�7 �s51GN NUYBERFOR ❑fJIYATiOP1EY CT/CliRl[ ROUTIIIC � � N1611C5�11FR11tF30Yl AIMIlJ�LfBNIiGCTC ❑wvw(aeumnnrrtl ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) November 6, 1997 ��-�.�� GREEN SHEET No 60'744 Concerning TaYicab Vehicle Licenses held by CIN, Inc. & INJ, Inc., dba Ciry Wide Cab. Co. (Uncontested) PLIW NING COMMlSS{ON CIB COMMITTEE CIVIL SERVICE COMMISSION IF AOUNT OF TRANSACTION SOURCE (�WM Has ttiie persoNfirm everv.rorkeU under a cantract tor fhis tleparhnent7 tlFS ty0 Hes this pemoMfirm erer 6een a tatY emVbYee� YES NO Does this Personlfixn Paaeess a sldll nd narmallYP� bY any cu�re�+t cihl emWoYee? YES NO Is Mis personRrm a targMeO veMoY1 YES NO COSTrttEVENUEBUDOETED�GRCLEON� ACTIVPT`/ NUMBER YES NO g i - i3�G UNCONTESTED LICENSE HEARING Licensee Name: CiN, Inc. 8� JNJ, Inc. dib/a City Wide Cab Co. Address: 665 North Snelling Avenue Council Hearing Date: November 12, 1997 Violation: Failure To Renew 1997-98 License Fees/Abandonment of Taxicab Vehicle Licenses St. Paut Legislative Code § 375.05(d)(2) License Expiration Date: April 30, 1997 Presumptive Penaliy: Loss of Taxicab Vehicle License - Loss of Taxicab Licensee's Right to Renew License Recommendation of Assistant City Attorney on behalf of client, Office �� of License, Inspections and Environmental Protection: Loss of Taxicab Vehicle License and Loss of Taxicab Vehicle Licensee's Right to Renew License Attachments: 1. Proposed resolution 2. City September 23, 1997 letter 3. City's August 26, 1997 letter 4. Licensee's Jufy 30, 1997 tetter 5. Notices of Expiration of License 6. License information 9 7 -��9 OFFICE OF THE CITY ATTORNEY PegBirlc, CityAttorney CITY OF SAINT' PAUL Civil Division Norm Colemmi, Mayor 400 Ciry Ha71 - IS West KelloggBtvd Saint Paut, Mbmesota 55702 October 27, 1997 NOTICE OF COIINCIL HEARING Kenneth J. Rohleder Attorney at Law 665 North Snelling Avenue Saint Paul, Minnesota 55104 Telephone: 612 166-8 710 Facsimik: 6I2 298-5619 RE: Taxicab Vehicle Licenses held by CIN, Inc_ & JNJ, Inc. d/b/a City Wide Cab Co. Vehicle license numbers 9, 10, 53 and 64 License ID Nos.: 47408, 99880, 39283, 45728 Our File Number: G97-0363 Dear Mr. Rohleder: Please take notice that a hearing concerning the above-identified taxicab vehicle licneses has been scheduled for 4:30 p.m., Wedneadag, Iqovember 12, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the failure to renew the four identified taxicab vehicle licenses has not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be that these four taxicab vehicle licenses be deemed abandoned and thereby revoked. If you have any questions, please call me at 266-871�. Very truly yours, � � U c�/.,,,� Virgi Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Aaomey g7 - ��9 CITY OF SAINT PAUL Norm Coleman, Mayor Civi1 Divition 400 Ciry HaII IS i�esf KeUogg Blvd Sa'vu Pau� M'mnesom 55102 Telephane: 671166-8770 Facsbnrte: 672 298-5619 September 23, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 Re: TaxiCab Vehicle Licenses of CIN, Inc Dear Mr. Rohleder: and JNJ, Inc. I am writing to follow up on a letter I sent to you dated August 26, 1997 in which I indicated that the Office of License, Inspections and Environmental Protection was not willing to consent to the transfer of the above licenses to a designated party. In the letter I outlined the two options for dealing with the Notice of., Expiration of licenses previously sent. If I have not heard from you by Friday, October 3, 1997 as to how you wish to proceed, I will assume that you are waiving your right to an administrative hearing to determine the facts and consenting to a hearing in front of the City Council. Please feel free to contact me at 266-8710 if you wish to discuss this matter further. Sincerely, � < � � �,� ,� G�� Virgi Assistant City Attorney � CITY OF SAINT PAUL Narnr Cokmm; Mayor August 26, 1997 Kenneth J. Rohleder Attorney at Law 665 N. Snelling Avenue Saint Paul, MN 55104-1839 OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Atforney � 7 - �.�lo�''! Civi! Divisian 400 C+ry Hall IS West Kellogg BHd Sainr Pau; Mnnesom 55102 Te(ephone: 612 266-871Q Fauimile: 6I2198-5679 RE: Licenses of CIN, Inc. & JNJ, Inc. Dear Mr. Rohleder: Thank you for your letter of Ju1y 3�, 1997 regarding the e�iration of taxicab vehicle licenses held by JNJ, Inc. and CIN, Inc. I have reviewed this matter with the Office of License, Inspections and Environmental Protection, but they do not wish to consent to the transfer of the licenses to St. Paul Cab Driver's Association, Inc. at this time. I have checked the status of Council File 97-870, which amended ChapteY 376 of the Saint Paul Legislative Code. It was adopted on August 13, 1997 by the City Council and will be e£fective thirty days after the adoption. The changes to the ordinance will not be retroactive. The expiration of the licenses at issue occurred on April 30, 1997. At this point you have the option of requesting a hearing before an Administrative Law Judge, whose Findings of Fact, Conclusions and Recommendation would go before Council for action, or of not contesting the facts and proceeding directly to Council. At a hearing in front of the Council you would have an opportunity to speak on your behalf. If you have any questions about the options, you may contact me at 266-8710 to discuss them. Since�ely, -�/�o .� � �,�. ViYgi ia D. Palmer Assistant City Attorney cc: Robert Kessler, Director o£ LIEP 07/3011997 14:48 612-642-2619 S. L. hELS�N & ASSOC �`J 7 - /.�10�1 (BI� Bt�L2800 (6Y� 6i8-2619 f� a�l]�y `3Q� ��l �.1� O� �A81IIE p8t3}. AT12T: V3rginia D. Palmer Assiatant City Atf,axaey C:ivil I7ivisicn 400 Gify Hall 16 W. Kellogg Blvd. Sauat Pau1, MN 68102 � re: OuY P'ile Na. 3U66.00 De� Ms. Paimer: ffi1TNETH d. EOHI.EDER ATTO$2d%YATI.AW e66 P. &L7�lS�IIiR AYEUTT7� SAIIi'l PAIIL, MN bSiD4-18� PAGE 02 D�.! IYal: Bt4-9ea2 vx� �Ax xo_ �sa.�si� This 3eLter is in resP�nse tu Yaur t�rxespundersce of Ju1Y 1B, 2987, with r�gatd to nntim af �� orr.� 4� �s �hr.�rrra, �. � c�r, �. As I recently.adr;s�ed, yon Uy telephone. the above corparatione did mt apply f� senewai af their li� an AprIl 30, 1597, in view nf the City'e determiaation thaR the licenees wouid aot be allawed to be #ansfsrred and wonid, uades ti� t�sen aadi�anoe regard"mg tran�abiiil,v, revelt to the City of Saint Paul for fuhxre di�poffition. 9ubaeq�xstl9, an July $,1997, the b�ee o( Licenae, Impectiflns and E�vixonmental Peeteetion p�oposed leg3elation for 7imited traneferabIIity o€ taatcab Iicensea The Raeti4a involved on t�e In+op�ed traneCers wae Ordinamce 3eeEion 376.13. Licease-Traw�'ens. 7'be s�et effect of #1se pmpose@ legis,lat5pa a6 eet faath 3n the pmpoeal t4 the C�mml of the Gity �' Sai� Paui wae to allaw tran�era of etoct af aarporations to wbom �xieab lidansee l�ad been iscoed uPOn erp�aa�Al O1'the City Oa As yon exe aware from hacing been imulvea iu tbe mast receat litigatioa iseuea brought in the Lsta�e of �amee 1Q. Jo�e, th'se was the eaect x+equest that had heen made bp the eatate #a� trsnsFer of the stock of JNd, Inc. and GII�, Inc. 7z nmv �peara t1�st the firet Gity Connes'1 hearing on doly 2S. 199'7, xeceived m oppo�tion snd thia mstter wiil mova focward ebsent irr�v�aiag sctian end allosring what the City I.ieen�xg Q85ce ngpmed m t1�e privr Titigsf3on ta became a patt� af the CiIEy lioense �er aa'dinanoe. 07/30/1997 14:48 612-642-2619 S. L. hELSOM & AS�AC PAGE 03 �� - /,��o ° i Gity of Saiat Psul hilY SE),1997 �a t16 I preripusiy ;��a to You, I am ver9 disturbed tl� tha Gitp Li� O�ce has done a �ple� xeFerasl vf ity Pc� Positiqn and placed 9a jeopardp the tmdtab lio�neea iaaued to the two {2) cmpor�.i�s s� above. The Estate a#' Jsmes N. 3ahannes in� sabeta�ist costs ax� expe�s ia br�nging this maLter i�o Rameey CoarAy Jhstr;ct Covrt sad iu a snbeecNeat Imeriag baCoQe the Hearmg F,saminer. En view aFthe ct�reat P��S �� Se, I am reque�g thai oonsideratian ba given to gssutiag wasent to tbse tr�r of stock snd !Le treu�sFeraDility of t�s ta�eab Uaennes nsvned 1� �rra, �. �a ciu�r, r� � � ��a � �. r� r,� nriY� ��, �. rn otsiQr to auow time for � re�ponse &mn yau at� ia vie.v of the desdliae ot Fx id�v> Augusk 1, �: p� to Y�' �Po�s� ��lY �, �7� Yon m�y eax�ider this letter as a conteat Go the fart sl�at the licevse renewals were ao! effscted due to the mn#reasFexabilitv of the licenses. Wonld yon please contack me aflrx yon have had an oyportnnits ta xeriew thie mstter with the Q�ice o! Licensa, I�p�ta� 8ad Enviranmesisal Proteciion TLank pon f� yoar caaPeratiam and as�stance in thie matter. Ymus vexY �9. .780 _�"> OFFICE�} TI� CITY ATTORNEY ... Peg B'vk �:-� Anorney g7 CITY OF SAINT PAUL Norm Coleman, Mayor Civi! Div'uion 400 City HaQ IS LYest KeAogg BTvd Sa'nu Paul M'�esam 55102 Telephone: 611266-8770 Facrimik: 6I129&5619 July 19, 1997 NOTICB OF SSPIRATION OF LICENSF's Owner/Manager JNJ, Inc. 340 Atwater Street Saint Paul, MN 55117 RE: Taxicab Vehicle Licenses held by JNJ, Inc. d/b/a City Wide Cab for vehicles #53 and 64 License # 39283 & 45'I28 Dear SirfMadam: The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: License fees for the 1997-98 license period were due oa or before April 30, 1997. These fees have aot beea paid and the licenses have not beea renewed. Saint Paul Legislative Code §376.05(d)(2) states that failure to apply for reaewal o£ aay public vehicle license withia thirty days after expiratioa shall be deemed an abandonmeat of tha licenaee's right to such renewal. If you do not dispute the facts listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition of the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIF,sP office at that time that the licenses be considered abandoned and available £or other applicants pursuant to chapter of the Code. I£ you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. xe can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative iaw � judge who would be presiding. :'"l 9 � - �� I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, i G�� Virgi ia D. Palmer Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MINNESOTA ) ) ss_ COUNTY OF RZ�MSEY � .:, 97-i,3�� AFFIDAVIT OF SERVICS SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager JnJ, Inc. 340 Atwater Street Saint Paul, MN. 55117 Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. this Notary to before me , 1997. 37 ' `� OfFIC3''� TF� CITY ATTORNEY _ _ Peg Bin� L..� Anorney /� 77 CITY OF SA1NT PAUL Narm CoTemm+, Mayor July 19, 1997 Owner/Manager CIN, InC. Civil Divisian 400 Ciry Ha71 15 West Kellogg Blvd Sa'mt Pau� M'mnesom 551O1 Telephrnx: 6I2 2668770 Facs�rk: 61129&5619 NOTICS OF S%PIRATION OF LICENSfi 340 AtwateY Street Saint Pau1, MN 55117 RE: Taxicab Vehicle Licenses for vehicles #9 and 10 License # 47408 & 99880 Dear Sir/Madam: held by CIN, Inc. d/b/a City Wide Cab The Director of the Office of License, Inspections and Environmental Protection has recommended that adverse action be taken against the licenses held by you based upon the following information: Licease fees for the 1997-98 license period were due on or be£ose April 30, 1997. These fees have aot beea paid and the licenses have not been reaewed. Saint Paul Legislative Code §376.05(d)(2) statea that failure to apply for renewal of aay public vehicle license within thirty days after expirat3oa ahall be deemed au abaadonmeat of the licensee's right to such renewal. If you do not dispute the faats listed above, please send me a letter to that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate disposition o£ the licenses. You would have an opportunity to speak on your behalf at that hearing. It would be the recommendation of the LIEP office at that time that the licenses be considered abandoned and available for other applicants pursuant to chapter of the Code. If you dispute the above facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to schedule such a hearing, please notify my legal assistant, Peter Pangborn, of that fact so that he can schedule such a hearing. He can be reached at 266-8710. We would then provide notice of the date, time and place of the hearing and the name of the administrative law � -� _--� g7 judge who would be presiding. I can be reached at that same number if you have any questions about the options listed above. If we have not heard from you by Friday, August 1, 1997, we will assume that you are not contesting the fact that the fees have not been paid, and will schedule the matter for hearing before the Saint Paul City Council. Sincerely, `� �. GLf��u!/L Vir in a 9 Assistant City Attorney cc: Kenneth Rohleder Robert Kessler, Director of LIEP Troy Gilbertson, Taxicab license inspector � STATE OF MII3NESOTA ) ) COUNTY OF RAMSEY `� 9�-i�3�9 Ss. AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 21, 1997, she served the attached NOTICE OF EXPIRATION OF LICENSE on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Kenneth Rohleder Attorney at Law 665 No. Snelling Avenue St. Paul, MN. 55104 Owner/Manager CIN, Inc. 340 Atwater Street Saint Paul, MN. 55117 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 21st day of July, 1997. Notary Pub ic � RITA M. BOSSARD � NOTARY PUBLIC - MINNESOTA Ran�s�r couurr Mr commi. �pires.�ar,. s,. 2ooc s ■ �d � -��9 Lic ID ................... STAT..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Aate. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 45728 AC J N J INC 64 6/30/95-LETTER SENT OFFERING EXPIRATION AUG 15 95 DUE TO ATTEMPTED TRANSFER-SEE AI,SO 39283, 47408 AN D 99880-COPY AND AFFIDAVIT IN FILE-TG 4/15/96-REMEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 1G1AW81R7K6232568 1989 CHEV GAN NATIONAL BAP9510035 04/30/95 04j30j96 04/30/97 1626529 489-1111 �17 -��31v° Lic ID ................... STAT ..................... Business Name............ Cab Number ............... I30TE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telepho ................ 39283 AC J 13 J I13C 53 4j30f95 AT RENEWAI�, THE VEHICLE Ni7MBER WAS CHANGED FROM #65 TO #53 PER MANAGEMENT AT THE REQUEST OF THE CAB OWNER (DUE TO A MURDER IN TIiE FORMER VEHICLE - VEHICLE CHANGE ALSO - NEW VIN NCJMBER ENTERED PRIOR TO RENEWAL PAYMENT BEING ENTERED.) --LAP-LIC 6/30j95-LETTER SEI3T OFFERING LICENSE TO EXPIRE 8{1 5/95 DUE TO CORPORATE TRANSFER-SEE ALSO 45728,4740 8 AND 99880-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84RXL2119356 1990 CHEV GAN NATIONAL R2202014 04f30/96 04/30/97 04f30/97 1626529 489-1111 ti �7 -!�/09 Lic ID ................... STAT ..................... Business Name............ Cab Number ............... NOTE AREA ................ Doing Susiness As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance E££ective Date. Ins. Expiration Date..... Exp Date ................. TaxId ................... Worker Comp Exp Date..... Telephone ................ 99880 AC C I N INC 10 6/30/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED LICENSE TRANSFER-SEE ALSO 39283, 45728 AND 47408. LETTER AND AFFIDAVIT IN F ILE-TG 4/15/96-RENEWAL INVOICE RETURNED TO SENDER-TG CITY WIDE CAB CO 2G1AW84ROL2119088 1990 CHEV CELEBRITY REINSURANCE CORP OF NY R2202014 04/30/96 04/30/97 04/30/97 1626529 489-1111 c1 ? - /�/�9 Lic ID ................... STAT ..................... Business Name...._....... Cab Number ............... NQTE AREA ................ Doing Business As........ Cab Serial Number........ Year of Cab .............. Model of Cab ............. Insurance Carrier........ Ins. Policy Number....... Insurance.Effective Date. Ins. Expiration Date..... Exp Date ................. Tax Id ................... Worker Comp Exp Date..... Telephone ................ 47408 AC C I N INC 09 6f3�/95-LETTER SENT OFFERING LICENSE TO EXPIRE AUG 15 95 DUE TO ATTEMPTED TR.ANSFER-SEE ALSO 39283, 4 5728, AND 99880-LETTER AND AFFIDAVIT IN FILE-TG 4/15/96 RENEWAL INVOICE RETUEND TO SENDEI2-TG CITY WIDE CAB CO 2G3A454N4L2330595 1990 OLDS REINSURANCE CORP OF NY R2202014 O5/29/96 04j30/97 04/30/97 1626529 489-1111 "1`1 —13 �°� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: November 25, 1997 TO: Council President David Thune Ciry Councilmembers FROM: Virginia Palmer `�'`�' Assistant Ciry Attomey RE: CIN & JNJ, Inc. This matter was on the Council Agenda on November 12, 1997. The Office of License, Inspections and Environmental Protection is recommending that the four tasicab vehicle licenses held by CIN, Inc. and JN7, Inc. be determined to be abandoned based upon the fact that the licenses were not renewed. They were not renewed because the license holder is deceased, and an earlier determinadon of the Ciry Council found that the licenses could not be �� iransferred to another party. The corporations in quesTion, CIN, Inc. and JNJ, Inc., each had a single shareholder, 3ames 7ohannes. Mr. Johannes died on November 22, 1994. When it came to the attention of LIEP that the renewai application for the licenses had been signed by the personal representative for the estate, a letter was sent explaining that the transfer of stock in the corporation would be considered a prohibited transfer of the licenses. The personal representative took the position that it was possible to transfer the licenses by transferring control of the stock in the corporation. An acrion was commenced in Ramsey County District Court by the personal representative to seek an order permitting the proposed sale of ffie stock to a third corporation. Judge Connolly found that such a sale would be a prolubited transfer of stock and denied the requested relief. The Office of LIEP then requested that the licenses be relinquished to them, but the personal representative refused to do so, and an adverse acfion was commenced. The Council determined that the stock in the corporation could not be sold or transfened to any other entity without it constituting a prohibited person-to-person transfer. Subsequenfly, the Council adopted amendments to the ordinance which raised the cap on taYicabs to 124 and allowed limited transferability. The memo provided to you by Robert Kessler provides additional a�-t��°� information about this ordinance change. Because the licenses were still not relinquished to the LIEP office, a letter was sent to the personal representative giving notice thatthe licenses were expired. The factthatthe licenses have expired is not contested. The personal representative for the estate did not appeaz at the public hearing, despite notice being given of the time and date. The person who did appear represents the company which wishes to acquire the licenses. The ordinance change in question occurred two and a half years after the death of the license holder. The City has now gone through a District Court acrion, an adverse hearing before an administrative law judge and is still attempting to have the licenses relinquished to them, as was required all along by the ordinance. There is no unfaimess to the license holder in this situation to determine that the licenses have been abandoned, and it would be unfair to treat this license holder differenfly than other similarly situated persons who have relinquished their licenses under the same circumstances.