96-1567 �
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/ Council File # `� ��� \
Green Sheet # �02— Jb
RESOLUTION
ITY OF AI UL, MINNESOTA �
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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:
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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�
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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