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96-1567 � f �- . . � r / Council File # `� ��� \ Green Sheet # �02— Jb RESOLUTION ITY OF AI UL, MINNESOTA � �-�'.. Presented B Referred To Committee: Date 1 2 3 4 5 WHEREAS, the City of Saint Paul, Office of License, Inspections and Environmental 6 Protection(LIEP) initiated adverse action against the licenses of Herbert L. Howe, d/b/a the Cozy 7 Cantina, 202 Concord Street, Saint Paul, MN, seeking suspension of the license for failure to 8 control illegal drug activity on the premises; and 9 10 WHEREAS, an administrative hearing was held before Administrative Law Judge Rita 11 A. McConnell on July 9, 1996, with John Hirte, Esq. and Thomas J. Norby, Esq., appearing on 12 behalf of the licensee and Virginia D. Palmer, Esq., appearing on behalf of LIEP. Each party 13 submitted oral testimony and documents into the record at the hearing, with the matter being 14 taken under advisement; and 15 16 WHEREAS,the administrative law judge issued her Findings of Fact, Conclusions of Law 17 and Recommendation on October 9, 1996; and 18 19 WHEREAS, at a public heazing on December 4, 1996 to consider the Recommendation 20 of the Administrative Law Judge, the licensee did appear with legal counsel and presented 21 testimony on the recommendation of the Administrative Law Judge; now, therefore, be it 22 23 RESOLVED, that the Council of the City of Saint Paul, after due deliberation based upon 24 all of the files, records and proceedings herein, including the documents and exhibits submitted 25 to the Administrative Law Judge, the adoption of the ALJ's Findings, Conclusions and 26 Recommendation issued subsequent thereto, and the arguments of the license applicant and his 27 counsel at the public hearing, does hereby order: 28 29 1. That the Findings, Conclusions and Recommendation of the Administrative Law Judge 30 shall be adopted in its entirety and shall be attached and incorporated herein, by reference. 31 1 G�����1 2 2. That the licenses (Cigarette, Restaurant B, Off-Sale Malt, Sunday On-Sale Liquor and 3 Liquor On-Sale C), License ID #15931, held by Herbert L. Howe, d/b/a Cozy Cantina at 202 4 Concord Street, Saint Paul, Minnesota, are hereby suspended for a period of seven (7) 5 consecutive days, commencing the third Wednesday following adoption of this resolution. 6 7 8 A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee, his 9 attorney and the Administrative Law Judge. Yeas Navs Absent Requested by Department of: a e ostrom arris uerin e ar ettman une BY� . d Form Approved by City P,�ey Adopted by Council: Date / Adoption Certified by Council Secretary B�,: � By� Approved by Mayor for Submission to Council Approved by Mayor: Date 1 2 � By: �i� <<��� By� ��_���a� 40� 3� OE IOFFtCE/COUNCIL DATE INITIATED LIEP GREEN SHEET CONTACT PERSON R PHONE �DEPARTMENT DIRECTOR NITIAUDATE ❑CITY COUNCIL �NITIAUDATE Bob Ke s s 1 e r ASSIGN �CITY ATTORNEY �CITY CLERK MUST BE ON COUNCIL AQENDA BY(DATE) NUMBER FOR ❑BUDOET DIRECTOR �FIN.$MQT.$ERVICE3 DIR. ROUTING ORDER a MAYOR(OR ASSISTANT) � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Finalizing City Council action taken December 4, 1996 against licenses held by Herbert L. Howe, d/b/a Cozy Cantina, 202 Concord. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER TIiE FOLLOWING OUESTIONS: _PLANNING COMMIS3IQN _ CIVIL SERVICE COMMISSION 1• HaS thiS pefson/fiml eve�WOrked Under a COntfBCt f0►thi8 department7 _CIB COMMITfEE _ YES NO 2. Has this personlfirm ever been a city employee? _3TAFF — YES NO _DI3TRIC7 COUR7 _ 3. Does this personlfirm possess a skill not normall y possessed by any current city employee7 SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO � Explaln ell yes answsrs on ssp�rat�shest and attach to qresn sheet INITIATINO PROBIEM,ISSUE.OPPORTUNITY(Who,Whet,When,Where,Why): ADVANTA(iES IF APPROVED: DISADVANTAOEH IF APPROVED: DISADVANTA(3ES IF NOT APPROVED: Counc�� F�����r� �nt�r U�.c; 1 � i��6 � TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIfiG SOURCE ACTIVITY NUMBER FINANCIAL INFORNfAT10N:(EXPLAIN) OFFICE OF THE CITY ATTORNEY Timolhy E. Marx, Ciry Attorney �l�� I�/,6� �.� CITY OF SAINT PAUL c;v;i DN,S;o„ S Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 15 West Kellogg Bhd. Facsimile.� 612 298-5619 Saint Paul, Minnesota 55102 � June 10, 1996 RECEiVED xita Mc�onnell JUL - 5 1996 Administrative Law Judge CITY CLER� Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 RE: Licenses of Herbert L. Howe d/b/a Cozy Cantina, 202 Concord Street, Saint Paul, Minnesota. Dear Judge McConnell : This letter will confirm that the hearing in the above-entitled matter, previously scheduled for Thursday, June 20, 1996 at 9 : 30 a.m. has been continued at the request of the licensee and with the consent of the City. The hearing will now be held at the following date, time and place : Date: Tuesday, July 9, 1996 Time: 9:30 a.m. Place: Room 41 Saint Paul City Hall 15 W. Rellogg Blvd. Saint Paul, 1�II�i 55102 Sincerely, � �� C�u��� "���r�#t �t�r � � �,� �L't� 1. 1 . . ';�:�� Virginia D. Palmer Assistant City Attorney cc : John D. Hirte, Attorney for Licensee � Nancy Anderson, Assistant Council Secretary Robert Kessler, Director of LIEP Patrick Leahy, West Side Citizens' Organization Lupe Serrano, Neighborhood Development Alliance Ann Briseno, Riverview Economic Development Assoc . Sue Nipe, Riverview Safe Neighborhood Assoc . Sandra Levine, West Side Citizens' Organization Jerry Carrier, West Side Neighborhood Housing Service Rick Aguilar, Smith-Dodd Business Association _ . OFFICE OF THE CITY ATTORNEY C��\�lo� Timothy E. Marx, City Anorney CIT'Y OF SA1NT PALTL Civil Division Norm Coleman, Mayor 400 City Hal! Telephont: 6/2 266-8710 1 S West Kellogg B/vd Facsrmile: 612198-5619 Saint Pauf, �nnesota SSIO? � December 9, 1996 • Nancy Anderson 310 City Hall RE: Thursday, December 26, 1996 Consent Agenda for Herbert L. Howe d/b/a Cozy Cantina . Nancy: Attached is the signed resolution identifying the penalty imposed � by the council on the Cozy Cantina. Please schedule this for the Consent Agenda for the Council Hearing on Thursday, December 26, 1996 . Thank you. Sinc�e , , � � G �`d"L-----__ Peter P. Pa gborn Paralegal OFFICE OF THE MAYOR �l�-���-1 BUDGET SECTION Joseph Reid, Budget Director CITY OF SAINT PAUL 240 City Ha[[ Telephone:(612)266-8543 Norm Coleman, Mayor IS West Kellogg Boulevard Facsimile:(612)266-8541 Saint Paul,Minnesota 55102 � December 11, 1996 TO: Nancy Anderson FR: Joe Reid Budget Director RE: Resolutions for 12-18-96 Council Agenda Resolution - 96- -Adopting the 1997 Annual Tax Levy. Resolution - 96- -Aopting the 1997 Annual Budgets. Resolution - 96- -Approving the St. Paul Port Authority Property Tax Levy Payable in 1997. Resolution - 96- -Approving the St. Paul Housing and Redevelopment Authority Property Tax Levy payable in 1997 and approving the HRA 1997 Budget.. We will get you copies of the resolutions tomorrow. Likely we will need to do a substitute for the budget resolutions, but at least you will have something for the packets. H:\USERS�BUDGEIIWPFILES\YR 1997�COUNCIL WNDERSON.RES