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267039 WHI7E - CITY CL RK �i � " �C��■'�l\l !1.Z BLUE - MAVOR j G . Y OF SAIN PALTL � F1ecilNO• U ,��J . CANARV - DEPAFT ENT t •� cil l i Presented By �CENSE COMNIITTEF Referr d To Committ Date Out of Committee By Date RESOLVID: Th t Application P 7329 for the transfer of Off Sale Lj.quor ld.cense No. 2'T97, iring Jarivary 31� 1977, issued to l�ary A. Crea at 621 Selby Aienwe, be and same is hereby transferred to IIni-Da1e De4elopment Corporation at the san�s dress� upon the fallowing express condition to Khich the licenssee consents: 1 The licensee is strongly urged to find a quslified minority businessman to p�u�chase the license and business whea the license ia transferred to the Uni-va2e Shopping Center. — - , COUN ILMEN ' Requested by Department of: Yeas Na� �Chri ensen Flnnt �� [n Favor Levi e Itoed er .�/ �Against BY ✓�Sy lv ster ✓'Ted co �/F�res dent$� H,otizs g 19T6 � Form Approved by City Attorney Adopted by ounc' • Date Certifi a sed uncil Secretary BY . 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F' � . ^� � '.�� x��T y ��» . . -, i ,. , � �.. :-�� 3�� . g r°'g �. . _ � �k' :i �� . n.� r ; ';� � ' . . . . ,�n,� ♦ ';e� �. �r^ ',dk�p� a�. a 1� .�;�. v � �, �'3`.�� .d"s ' * } . � . � 4 .�1. i �':.� ,� �'" t . • '` t � v i e 6'* � 'ie It�. �, . : , . _ ._� .� • , ,-. � � np� �� . �" ��: � � �p . 4 x '�i tf� a.. � � ��' .. .. .. '�' _ . ._ . . . , .�. ..t . _ ... . . .. . Y- . . .. c`<� ,. .,�. . e�. �'+h,. . 9`�'...a1Yt * . � � , � � �� SACHS , LATZ S� KIRSHBAUM ATTO R N EYS AT LAW LOU15 SACH RICHARD F. ACHS 548 ROANOKE BUILDING ROBERT LAT MINNEAPOLIS� MINNESOTA 55402 MITCHEL I. K RSHBAUM 612•332-6501 TIMOTHY W. EGAN ROLAND C. AMUNDSON April 21, 1976 Ms . Ros Mix City C1 rk Room 38 , City Hall St. Pau , Minnesota 55102 On Apri 8 , 1976 the St. Paul City Council in a duly convened meet- ing ent rtained Council File number 267039. That resolution was introdu ed by Council President Hozaah as a result of the unanimous approva of the License Commission the day before. The resolution said: "Resolved that application P-7329 for the transfer of off-sale liquor license #2797 expiring 1-31-1977 issued to Mary A. Crea at 621 Selby Avenue be and the name is hereby transferred to Uni Dale Develop- ment Corp, at the same address upon the following express condition to which the licensee consents : 1. The licensee is strongly urged to find a quali- fied minority businessman to purchase the license and business when the license is transferred to the Unidale Shopping Center. " The Coun il acted to pass this resolution in a 5 - 2 vote . The resoluti n was pursuant to Chapter 6 of the St. Paul City Charter §6 . 01, 6 03 and 6 .05. �6 . 08 specifically provides : "Every ordinance or resolution adopted by the council shall be presented to the mayor as soon as practicable, but not later than five business days after its passage, for his approval or rejection. Within five business days after presentation, the mayor shall either sign the measuxe or return it to the council with a communica- tion in writing stating his disapproval and the reasons therefor, If he neither signs nor vetoes the measure within five business days , it shall be deemed approved. " Ms . R se Mix, City Clerk - 2- April 21, 1976 Pursu nt to this provision the resolution was presented to Mayor Lawre ce Cohen and signed by him on April 12, 1976 . Thus , the offic ' al acts of the Council and Mayor were exhausted and their consi eration over. I call to your attention §6 .07 of that same Charter which says : Every resolution shall be presented in writing and read in full before a vote is taken unless the reading of the resolution is dispensed with by unanimous consent. Resolutions shall become effective upon passage, approval, and publication once in the official newspaper. " It is ur position that as the City Clerk you are duty bound to ful- fill t is ministerial function. I realize that subsequently the City C uncil has advised you to wait a reasonable period to publish the re olution but their subsequent action was illegal. It was agains the advice of the City Attorney and violates the spirit and letter of the City Charter. Even if the second resolution were effect- ive su ficient time has passed so that it can be said to be in accord with t e "reasonable time" limit of the Council . It is ur position that any further delay by your o£fice constitutes a viol tion of your oath (Charter §17 . 03) to discharge the duties devolv ng upon you as City Clerk. We do not relish the prospect of instit ting litigation but further delay on your part invites no other respon e. I request that you immediately move to publish this resolu- tion i accord with the actions of the City Council and pursuant to the Ci y Charter or in the alternative tell me when this publication will b directed. SACH , LATZ � KI HBAUM ,..._ , , � � if: �, � 'VG r - .�.�- �� Ta �n s on � RCA:pk cc: Ma y Crea Th Honorable Lawrence Cohen, Mayor Me bers of the St. Paul Council Ph 1 Byrne, City Attorney Jo Carchedi . .. , . .. �. v . I .. � � .. �, .. ,� . .�� . . . . �- ' � . . ,„ , q.r .. 3 \ _ ti � .� � � � .. .. , � � *fyi'�. . , . . . �� . . \ . r� A ` ! h ` , � . � . . . . Y .. . .5 , I4'i . .. . � � ' � � . , . � �� 1 �. , � � � ,��[��!� i , V�- r . r . ,r J ' ' ' r : ' _ � �° : � � �.I , 1 � - ` - , . ' - j „ � . � , e , ::. , , , � � . , , � , -,.. , . I ,. � �, � . ' �.. � . . .. . . .' . � � , �.v. � . '.. .. r- 4 .. , , , . �' :- - ' . �... . . . . -_� . - . . ,. . .:.: . . , t � �� , . � - : . . -��.. , ,,� .. . . .,:. �, � , . . . ; .,-, . . . . . , . .�. . , , ,,. . . • .. . �.� . :_.. . . �� .,F�: .•� . ,:: �.. .. � .. . � �, . . -_ �. . .�� . ... ; �....�a <, . . .� �. . �� ... ...�,; . . �_ , . �� . . . ' . � � . , �,. � " ,. , . - . .. _ y rs ., � . . . . . . .. , ... �_ . ;. . . . _. , .:-� .. _ � .... � . , �_ . ..� . . . � �� . , � . �� . . � � -,� . -, . .. ,, �. . . � . . . . �•,� . . . . .. �.. ,.,. �. ..�,. . �-,'. �. . ��. �, .��.. . �_.:; : ,�:. � � . . , c i' .. ' -. �� < « . , . ..; ., . � ` . . . , �' . . ' ..�.-. ;. .. . . ,, _ ,.} . k. , . . . . . , : , .. . . . ; . , - � . . _ . � . , . . . . . .:. . . = , �_ , � . � _ � � . � ` . � _ . , ,. . � ; , . .. .: . . , . . . . . :. { � � - � - ' , x� „ . � A �?�.�� ' r b�� ' , . � a -; K . . . . . : ..�� , ...�. � . a. .:.- . . . - � . . , . , �. . -. . .. . , � -�. .{. �� , C. , f ��.'�!�► ; � � . ��:��►}�� - ;_;� � ;�NIII�� .. , . � `b i a , . , , _ . . ,. � � � � � � . � '.,.� ��^ r w t � ' .. � � . � .. ,� � l _ � .�; � �'� � " j � �° � , ' -' r. � �'�i��•-� .. . -. 1 . 'i� �� . �� ,��^� �•_'� �� . . � .. � =. .... . < i . . � _ _ ._,. . , , . . .. , . � � ,, ,�-� ��d� ��wIM�l� '�0� M�1�!� ,�, "� i�.�_�'�',�.z � ..�11�' ' � '�#M1k:�11� :M�� :a Y , . � � . � , _. _ : ,. , , _ . . _ . a .. F ; • ' , �.:. 5�. . , ��'i�f,�:�t�.�,i�l�t �� v� �'�i!!��r , . �� _ . �, . _ . � - . ., , . . . , . � ' ` _ � , . , � ��.;�t�►�` , , � � � f � . t . . . ;. , ,- . : . . ; , _ ..: _ . , . . _ , _ . , . : : � : � _ , , , : . � - . . , . ; , .. : , , . . -. , , , � : � � � :�iar'�, _ ;. . � ;_ . � 1 � . . . . . , �f . . . ,t � ' � �`� � � � � , , � . , r _ , , - _ ` +�� Mr. .�rr ' _. ' � . _ I„�:. � { . . —� ; .. _ , . - , , - ,� , , . � . ; ,. ._ � . � .. , , � . . � , . , _ . . , ; . ,. . , . ,._ ; . , , . �. �" � . A;, ^� , . , . :�. ( , _ ". , _ � � - � - _ . - � �� - �4 . .. . . � . . .. '� . . . .� .. . � � � '1 . . � . . � : .. - . . . . � { i . . �� ' � � , ... � � . . . �. ' . . . . _ ,� i �:I � ��. .� .. . . . .. . 1 . . . . . . .. . .. . .., . .. .. . .. . . . , � ��.�. . ,.� . .. ,. . . . . . I . . _; , , . . MEMORANDUM his matter is before the Court on an alternative writ of mandamus in w ich the petitioner, the holder of an off-sale liquor license, seeks a pe emptory writ of mandamus demanding the publication of a certain reso ution previously passed by the City Council of the City of Saint Paul and further demanding the Saint Paul License Inspector, following publ 'cation of that resolution, to process the transfer of the off-sale liqu r license of the petitioner to the Uni-Dale Development Corpo- rat'on. It is undisputed that on April 8 , 1976 , the Saint Paul City Cou cil, in a duly convened meeting, and following debate on the matter, pas ed a resolution by an affirmative vote of five to two providing for the transfer of petitioner ' s off-sale liquor license to the Uni- Dal Development Corporation. This resolution was duly submitted to the Mayor, who thereupon signed it. After the Mayor signed it, the Co ncil thereafter voted unanimously to reconsider it. The Saint Paul City Charter provides that a resolution shall be ef ective upon its passage, approval, and publication. Since this re olution was passed by the Council and approved by the Mayor, the on y thing that remained to be done to make it effective according to th Charter was the single publication in a legal newspaper. It is q ite clear that once the Nayor had signed the resolution, the City C uncil no longer was in a position to reconsider the matter, and the m'nisterial function of the City Clerk in causing the resolution to be p blished must follow immediately without any further interference by t e City Council. If this were not so, chaos would result. The same w uld be true if the United States Congress passed a 1aw, �submitted it 4,. � .. , . to th President, who signed it, and Congress thereafter attempted to , have he legislation reconsidered. After its encactment into law by the s 'gnature of the President, Congress could no longer act to change it or delay its enforcement. Probably the resolution here is effective legal y even without the publication. Since that act is called for by the C arter, however, the Court will direct that it be done in accord- ance ith the provisions contained in the Charter. imilarly, the ministerial function necessary to effect the trans- fer f the off-sale license must likewise be attended to by the License Insp ctor. Again, these are perfunctory duties, not discretionary in any ay, and are subject to compulsion by a writ of mandamus. Accordingly, the relief sought by the petitioner will be granted. It might be said in passing that this is the second time in less than a week that the City Council has blatantly ignored the legal ad- vice of the City Attorney, and has openly defied the law. This court can nly hope that it is a passing fancy attributable only to election wee emotionalism. 1 , ; H. S. , Judge. � �. � .�. ��c�=�.: �� / oE��;,�, " , � ' " � � ' � � �ransmit to FIRE PREVENTI�N QIVISION for tnsp�ctio►t � CITY OF 5AIN�t PAUL ' . �� _; ,� � � ,� DEPARTMENT OF FINANCE AND � F MANAGEMENT SERVtCES 1PPL. ��. . 4 � �� iHO�c�T APPLICATION fOR LiCENSE CASH CH GIl � . N E w� R E N E W C� ____�__*��s��.t�W.r.' A L� . - 11EHNSE NO. TITLE OF LICENSES � � � ' i •' 100 FROM �� . 19�L . ?O �� . .. ��...� .t Q . � ��+ tp� •� � .. � . � � � ' _ � APPI.iCAN � -� . . i �co � ��`��. � � � 700 USINESS NAM18 � � � �� . � t OC BUl71dIC53 ADDRESS � � " TSt.A1(�. � 400 FtESiDENCE �: TLtL.�NO. � - . f. T fY3M l9 , . �� . �:�.. - tOTA4, �� . . . ` �,�.. . 1Od i` - - �� 4tC�M4L �li��EP.`7'-�/t • �r �!Y .. .. � . � . �tt$�Q.A7Vl�8 OF APPLlC�4NT-. RE QftT OF INSPECtiC3N ' �'tRE HAZARDS }GI'f'� �,;' , , t� ' EXT'IN�UtSF{fiRS NEATlNC� Pt..AN"t' _ LIGHtit�tG OEC� .l�3!!tS FIRE RECdRO REMAf2KS B ILD1idG INSP£[TOR EPORT 711ipLitA7E DATE 1N PECTOP, � ' p�P�RO�EO MAR 2 4 1976 '` Q WEJECTED 19 � � DATE CH F 1NSPECTOR � i , . . _ . ...:>e....a.. i+l'i Y Ur Jr,l�a';, rtiu i,i ^�� r U�i'hHTi�1EI�.T OF FINnt�iCE tiI�D MAI�I�GEi•iFT•�T SL'i2VI��5 ,�� n , �' UIVISIOI�I OF LIC�ISE AP;D Pc,Hi•ffT ADriI2vISTr'�ATIOi�. ��,. `` On Sa1e Liquor Off Sale Liquor X On Sa�.e Wine i;amc: of app cant UNI-DALE DEVELOPP�IENT CORPORATIOI�I l��ldress of b siness 6?1 Selby Avenue t:anes, z�idre ses and titles of all officers of corporation Rob rt Hic�nan - �63 Laurel - President Ma Fletcher - 915 Dayton - Treasurer Tas lean Parker - �63 Hague - Secretary & Vice-President i.ame and ad ss of general manager Remains to be hired t:arles and resses of stockholders H.E.L.P. DEVELOPt�NT CORPORATION 1041 Selby Avenue Sur�ty Conp y writing bond Applied for ��esidence ad ress 1041 Selby Ave. Seatin� capa ity in restaurant N�A Trade name �or�y Liquors Sale of liqu r or �rine tirill be conducted in the folloWing areas To al floor area, 621 Selby, off sale Iiquor - 5'i t l':: �? ,'ffi1 �i;SOTii)JS CCili;;'I'Y Gl�' :',_�1 �;;I�:Y j they have R. H�c�:�r,, , Parker, i�f. Fietcher bein� first dul�: sworr�, de�,oses �nd s.z�-s th�t be-bas rr<:1 t.he for��;oin� ar�plicati.on and ;:nows the cc�ntents Lhereof, and 1,hat the :az1e �.s true to the Y.est oi' �� kr:owlec'f-e, information and be3j�ef. ,. rieir ��, . 1 ; , �^�� ^-�� :� .�.;_�t�� -- `' , . . • . ' ; . �; .;� � l: � �ui,sci•il;� �i i1 �uor�a �to t.erore me " � � -" -� � � tt�is � ` ay of�(—.:��,^-�� 1G_'^� �,; r` ; • . _--�,�� :KI��r�� . . � ,;;: _ _ y ` {�% r? - -��-�- � • { X'�y;' .d; t. ___ �,- t i.otary Publi ,� i?atasey Lount3!� i��i�i�esota . i�y c��ruaissi Fx7sires � . �� ' ,�:,��' �i.: �-��` :� �� I '1'1" <) I� �.� I \ "1' ��.1i' I. �6'�'J�� 9 '�� ., ��.-.o <>>-�� c,,: <►i- �ri> >: •i .��-c�ir ,.�.....;.. >;� ,4,�� .�, -. -,�� .. ,:�;�� <- L.��r�ti:�c��; D. (�o��1:x ?Ue ui: March 30 , 1976 MEMORANDUM T0: Council President David Hozza and Honorable Members of the City Council FROM: Mayor Lawrence D. Cohen SUBJECT: Transfer of Crea lic{uor license Attached is information furnished me by the Directors of HELP regarding the Crea liquor license transfer . LDC/lm attachment ��_�.�z . . . �6 '70�39 ati,o�. < LotQo J e�ve t�`e,n� P 551�a OeJe`o� Se`b� 5�� oa�� March 24, 1976 Q S�' Mayor Lawrence Cohen 347 C' ty Hall St. P ul, Minnesota Dear ayor Cohen: Attac ed in outline form is a summary of the position of the Board of Di ectors of HELP with respect to the acquisition of the Crea Liquo License and the future operation of the liquor business. If th outline is satisfactory we request you issue instructions immed ately for the advance of the $40 , 000 of seed account funds. The C ea closing is scheduled for today and we are required to issue checks for $24, 500 in certified funds. Thank you for your prompt attention. Since ely, � � . � `�.--� Reber Hic ma . Chair an of the Board RH/la �et � Qar 'C• ��ot o``e< ��te �o J,��e +e� � �. � �6`70�9 �- ,. ;o� �� o'� ve March 24, 1976 �� G�t�P,.te 1�a ,�,�e g5 OeJe`o�5e`�� d OUTLINE FOR ACQUISITION OF CREA �� LIQUOR LICENSE & OPERATION LIQU R BUSINESS 10a1 J�� , 5�e� I. Ratio ale for $40,000. loan/equity advance from seed account: A. T'me Constraints. l. The initial offer to purchase was communicated to Crea on January 24, 1976 with a completed application, purchase agreement and lease agreement to be filed with the inspector's office prior to March 1, 1976. 2. This time frame did not allow sufficient time to locate an operator-manager investor who has (a) experience (b) funds to invest (c) is a minority (d) was willing to guarantee acceptance of relocation in shopping center. B. P st experience with loan portfolio has revealed the vast majority o loan failures are attributable to a combination of these factors: 1 Insufficient equity investment on the part of the entrepreneur and/or HELP resulting in the ability to obtain additional investments or bank loans if needed. 2 Lack of training and experience on the part of the applicant. 3 Loan funds have been too readily accessible and the loan packages prepared too quickly creating the impression of a lack of fiscal responsibility on the part of HELP as a lender. C. A seed account of over $100,000. was requested by HELP over one year a o based on these considerations: 1 A need for substantial equity/loan funds for shopping center business' . 2 A committment by the Board to attempt to deemphasize "emergency" loans and small loans to "ma & pa" business' , and to concentrate funds in the three to four potentially successful (and historically viable) business to obtain a more manageable loan portfolio with better repayment - recycling prospects. 3 Present plans provide for an additional seed account advance request of $35,000 - $40,000 for the Coast-to-Coast Hardware Franchise (where the operators have been identified) and a third request for the balance of the funds for a franchise operation yet to be identified. D. ony Liquors, Incorporated, as a wholly owned subsidiary of HELP, is t e most eligible and qualified recipient based on: 1 Qwnership by an organization (HELP) broadly based and controlled by the community: 200 members in the Summit/University area. 2 Guaranteed tenancy in the shopping center at University & Dale. 3 An increase (by virtue of a consolidated balance sheet) of the net worth of HELP and resulting enhancement of HELP in the eyes of lenders. _ �et � Qa� 'C• G�o< �oo�e; eO��e ty eGJ �+ -3/24/76 Page 2 � E. R uirement of a Liquor Store in the Shopping Center as part of�s'�Q39 q d sirable "tenant mix". 1 The canvasing of area liquor stores revealed no prospects willing to commit to occupancy. 2 Our lender is requesting signed leases as soon as possible, which Ebony will furnish. F. D sirable loan equity investment: A liquor license is a readily saleable c mmodity and its ownership will guarantee preservation of a minimum of $ 5,000. - $30,000. of the funds drawn down for future recycling. II. Loan/ quity Recipient A. T e advance was originally requested for a loan/equity investment in U idale Development Corporation. 1 Unidale is to be the owner and managing entity of the University and Dale Shopping Center. 2 Unidale was selected because: a) HELP, as a non-profit 501c2 exempt organization, cannot own and maintain operation of liquor store without jeopardizing its tax-exempt status. b) No other subsidiary of HELP or qualified entrepreneur or investment group was immediately available. c) From the time of the original communication of the offer, and as provided in the purchase agreement, it was contemplated that Unidale would immediately assign the purchase agreement to a new corporate entity to be formed. d) For accounting purposes, mortgage-borrowing purposes, and tax purposes, it is inadvisable for Unidale Development Corporation to hold the liquor license. B. ony Liquors, Incorporated - a new Minnesota for-profit corporation, i in the process of being formed. 1 Articles of Incorporation have been filed with Secretary of State as of March 22, 1976. 2 Initial capital: $1,000. - 1,000 shares @ par value $.10 per share; Shareholder: HELP Development Corporation. 3 Board of Directors and Officers Robert Hicl�an: President (Chairman, Board of Directors - HELP) Mary Fletcher: Treasurer (Treasurer, Board of Directors - HELP) Tasslean Parker: Secretary (Secretary, Board of Directors - HELP) /�. Board elected annualy by Board of Directors of HELP; Officers elected b,y Ebony Board. III. Fundi of Ebor�y Liquors Incorporated" A. 'sposition of proceeds per purchase agreement: ) $23,500.00 - Liquor license and fixtures - payable in cash at closing by certified check or bank draft. ) $1,000.00 - liquor inventory (retail less 66 2/3�) payable in cash at closing. � ) $15,500.00 the balance of proceeds are to be used for inventory, furniture, fixtures, and improvements required to reopen 621 Selby for business. B. arent (HELP) - subsidiary (Ebony) accounting ) $1,000. is definitely committed to equity to meet incorporation requirements. ) $39,000. is to be loaned by HELP to Ebony or invested in equity depending upon recommendations of HELP's certified public accountants. a) The purchase agreement provides for allocation of the purchase price in accordance with recommendations of HELP's certified public accountants. b) Their preliminary recommendation is: _ $16,000 - liquor license $7,500 - fixtures and equipment $1,000 - inventory 3;24/76 . Page 3 . � � ' �6�n�9 c) The goal is to maximize flexibility of investment; in other words, obtain the highest amount of debt to equity ratio possible to facilitate recoupment of "seed investment"; an equity investment is recoverable by HELP only as dividends, by � redemption of stock, or by management fees, all of which are �imited by I.R.S. regulations and may result in adverse tax consequences. d) The countervailing consideration is that Ebor�y is to become a tenant in the Unidale Mall. 1) Mortgage lenders desire the strongest equity possible in - prospective tenants; 2) Unfavorable debt-to-equity ratio will inhibit rather than enhance prospects of a permanent committment. e) Accordingly, the exact amount of debt-to-equity ratio (what % of $40,000 is equity vs. what portion is loaned) will ultimately depend on: 1) Further negotiations and analysis of tenant package by mortgage lenders. 2) Restrictions or requirements imposed by lenders to Ebony (e.g. additional bank borrowings will be needed for � inventory, operating capital, leasehold improvements, etc. ) 3) The investment to be made by prospective owner-entrepreneur- manager. !�) The profitability of business during early stages of operation. 5) The approval and recommendations of certified public accountants. 6) The calculation of equity basis necessary to realize maximum amount of depreciation on existing improvements, equipment, fixtures purchased and to be purchased. IV. Oper tion of Ebony Liquors, Incorporated A. efer to II.B. above for Board, Shareholder & Officer information. B. urrent restrictions on operating authority of Ebony Board are as follows: Check signing: Bonded officers and operating managers will be the only eligible signers. Officers and Directors are to receive no compensation other than for out of the pocket expenses. Ebony's Board is elected by HELP's Board of Directors. All borrowings of Ebony are subject to approval of HELP's Board of Directors. Any agreement for the sale of all or any part of Ebony (e.g. liquor store business) to an operator-manager and/or investor group is subject to the approval of HELP's Board. The hiring and firing of interim operator-manager (if required) is subject to approval of HELP's Board. The position of Operator-Manager will not be held by any present Board member or member of HELP staff. C. uture operation of business Commencement of business: the business will be reopened as soon as possible at 621 Selby and operated at that location until the earlier of: a. Demolition by St. Pau1 H.R.A. b. Availabilty of Unidale Mall for occupancy. HELP has been advertising for experienced operator-manager with the potential to make maximum equity investment in buying the business. The initial survey of potential candidates has not revealed a qualified minority owner-manager with potential for immediate equity investment. 3/24/76 - Page 4 • � . . Solution: Secure the most qualified and experienced operato��!�3g manager who will be employed and charged with the training of a minority assistant who has currently or will have ability to make an equity investment. Ideally, the minority assistant will after one year or less of operation have enough experience to manage and desire to buy into the business. Proceeds of this investment would be used for a) Additional working capital for Ebony; and/or b) Recycling in HELP's seed account for investment or loan in another shopping center tenant's business. V. Stat s of H.R.A. Acquisition of 621 Selby . _ A. er Jack Bagley of St. Paul H.R.A. , John Crea and Crea's attorney, oland Amundson, St. Paul H.R.A. has extended an offer to purchase he land and building which offer has not been accepted or rejected s of this m-eting. B, rea has indicated initial offer will be rejected but that subsequent egotiations should not prove difficult. C. reas offer includes compensation for land, buildings and immovable ixtures (not being purchased by HELP). D. rea will seek an additional award for payment in lieu of moving xpenses in accordance with St. Paul H.R.A. and H.U.D. guidelines. E. LP has been informed by Bagley that ) As lessee-occupant of premises at the time of H.R.A. 's taking HELP will be entitled to award for payment for moving expenses. ) If H.R.A. completes acquisition of premises while HELP is a lessee, H.R.A. will continue lease arrangement. ) H.R.A. demolition is tentatively scheduled to be a year to a year and a half away, which coincides with shopping center timetable. . �,�� . S ATE OF MINNESOTA DISTRICT COURT C UNTY OF RAMSEY SECOND JUDICIAL DISTRICT I the Matter of ) ry Crea ) vs. WRIT OF MANDAMUS ) ose Mix, City Clerk, nd Joseph Carchedi, ) icense Inspector, , ity of St. Paul. ) HE STATE OF MINNESOTA TO ROSE MIX AND JOSEPH CARCIiEDI , GREETING: WHEREAS it manifestly appears to us by the Petition of Mary Crea that: I. She is the owner of an off-sale liquor license issued by the City of St. Paul, Minnesota, number 2797; and II. The St. Paul City Council has previously ordered the license transferred by her before February 28 , 1976; and III. � On February 24, 1976, Mary Crea entered into an agreement to transfer the license to HELP Development Corporation contingent upon the approval of the St. Paul City Council, and funds which are the considerat�on for that sale are in escrow and cannot be disbursed until the Council has com- pleted the transfer; and IV. The matter of the application has been before the Council License Committee as well as before the full Council numerous times. The matter was last entertained at a duly convened License Committee meeting of April 7, 1976. At that meeting , he agenda included consideration of the transfer of this icense (Number 2797) . After the full hearing, the Com- ittee voted unanimously to recommend passage to the full ouncil. V. On April 8, 1976, the St. Paul City Council in a duly onvened meeting and acting pursuant to the St. Paul City harter �6. 01, 6. 03, 6. 03. 3 and 6. 07 entertained Council esolution #267039 introduced by Council President Hozzah. he full Council debated the matter. The Resolution passed y an affirmative vote of 5 and a negative vote of 2 all ursuant to the St. Paul Charter �6. 03. VI. That same day, Rose Mix, St. Paul City Clerk, acting as the Council Secretary, certified that th� Council had � so acted by affixing her signature to the resolution. VII. In accord with the St. Paul City Charter §6. 08, the Resolution was properly forwarded to Mayor Lawrence D. Cohen ' for his approval. The Mayor signed the Resolution on April 12, 1976, and transmitted it to Rose '�ix to publish in the official newspaper as required by the City Charter §6. 07. VIII. At the instance of the P�Zayor' s approval the contingent agreement between Mary Crea and the HELP Development Cor- poration became certain, affixing enforceable rights between the parties. -2- � , IX. On April 13, 1976, following approval by the Mayor, he City Council voted by oral motion requesting the City lerk to hold up publication for a "reasonable time. " X. On April 21, 1976 Mary Crea, through her attorney, oland C. Amundson, Esq. , communicated with Clerk Mix equesting an indication of her intentions. To date he Clerk has refused to publish the Resolution or ndicate any intention to do so, despite the fact that here appears to be no reason to further refuse. XI. The City Clerk is duty bound by her Oath of Office o discharge this ministerial function as is the License nspector to discharge his. Failure to do so is in iolation of the City Charter. (§17. 03) . XII. The dilatory conduct on the part of the defendant ose Mix has caused harm to Mary Crea and threatens to esult in irreparable loss if the Clerk does not so act. THEREFORE, you ROSE MIX, Clerk of the City of St. Faul, Minnesota are commanded immediately after the receipt of this writ to publish the aforementioned Resolution in the official newspaper of the City and transmit to the City License Inspector all necessary documents to complete said transfer, or to show cause before this Court at Special Term thereof to be held at the Courthouse in the City of St. Paul on the 12��day of APril, 1976 at � :�(� , why you have T� not done so, and that you there and then make return of service of this Writ with your certificate of such return -3- , f having done as you are commanded. FURTHER, that you, JOSEPH CARCFiEDI, St. Paul License nspector are commanded immediately after the receipt of his Writ and appropriate documents from the City Clerk elating to this license transfer to process this application ithout delay and forward it to the appropriate liquor ontrol authorities of the State of Minnesota or to show � ause to this Court at Special Term thereof to be held at this ourthouse in the City of St. Daul on April_��1976, t ' , why you have not done so, and that you �_ then and there make return of this Writ with your certificate of such return of having done as you are commanded. SO ORDERED BY THE COURT: � DATE: -�3 � c�li� � _ �� /udge f District Court , YII ,..t, ` ; . . �� O � . � � w J ,S ATE OF NiINNESOTA DISTRICT COURT C UNTY OF RAMSEY SECOND JUDICIAL DISTRICT I the A4atter of ) M ry Crea ) ) . �S � } WRIT OF b1ANDAMUS ) R se Mix, City Cle� ) a d Joseph Carchedi, ) L cense Inspector, ) . C ty of St. Paul. 1 T E STATE OF 1�4INNESOTA to ROSE MIX; GREETINGS: . YOU ARE HEREBY CO�i�'IANDED immediately after the receipt of t is jVrit to publish St . Paul City Council Fesolution No. 267309 i the official newspaper of the City at the next available publication d te , and transmit to Joseph Carchedi, the City License Inspector, a ,Y,,,ait'8"'a�11, necessary documents to complete the said transfer of • �, 1 � 1 � �,',.,,, ,,;t '�,•�3'c'e'nsee i��;om Mar C 1 velo ment Cor oration. ; � � t ' �, ': y �� p P ' ;� •jVITti�iESS�'•,th,E. Honorable •u�•�-� ��R°, 1 , Judge of District Court, i . { .{ : , .�,., ',1 ' '• � , ; ) ,,a d,`the� se��l :tf�e 'reof, this a � day of April , 1976. ',, •� � .,.�'� `' ;,, ,, �%�;,, � ..,. ._'� �•' JoS�PH.P. LAN� � �,�i�,,f',j 1;1�,'� ``,,'' Cler o Distrlct Court ...�� •� '�'7��P �j , °�?� � . _Y��`"'.'�� f ' • , S ATE OF MINNESOTA DISTRICT COURT C UNTY OF RA1�4SEY SECOND JUDICIAL DISTRICT I the A4atter of ) M ry Crea ) ) vs. ) ) WRIT OF MANDAMUS R se Mix, City Clerk, ) a d Joseph Carchedi, ) L cense Inspector, ) - C ty of St. Paul. ) T E STATE OF MINNESOTA to JOSEPH CARCHEDI ; GREETINGS: � YOU ARE HEREBY COMMANDED immediately after the receipt o this Writ, and the publication of Resolution No. 267309 i the official St. Paul newspaper and the receipt of appropriate d cuments from Rose Mix relating to this license transfer, to p ocess this application without delay and forward it to the a propriate liquor control authorities of the State of Minnesota. WITNESS the Honorable Hyam Segell , Judge of District Court , a d the seal thereof this day of April , 1976 . ls/' Tb►se� �.a, has� Cler o District Court , ,� . . STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT In the Matter of ) Mary Crea _ ) AN ORDER FOR A vs. ) WRIT OF MANDAMUS Rose Mix, City Clerk, � and Joseph Carchedi, ) License Inspector, City of St. Paul. ) The State Of Minnesota to Rose Mix, and Joseph Carchedi , GREETING: WHEREAS, it manifestly appears to us by the Petition of Mary Crea that: I. She is the owner of an off-sale liquor license issued by the City of St. Paul, Minnesota, # 2797 , and II. The City of St. Paul through the Council had pre- viously resolved in Council rile #266723 that this license be renewed subject to the condition that the licensee make application for transfer on or before March 2, 1976 , and III. On February 24 , 1976, Mary Crea entered into an Agreement to transfer the license to Unidale Development Corporation contingent upon the approval of the St. Paul City Council; and IV. The matter of the applicatibn for transfer has been before the Council License Committee as well as before the full council numerous times. The matter was last entertained at a duly convened License Committee meeting of the Council held on April 7, 1976. At that meeting of the Committee , �� . the agenda included consideration of the transfer of this license (Number 2797) . After the full hearing, the Com- mittee voted unanimously to recommend passage to the full Council. V. On April 8, 1976, the St. Paul Cit_y Council in a dul_y convened meeting and acting pursuant to the St. Paul City � Charter §6. 01, 6. 03, 6 ,03.3 and 6 . 07 entertained Council Resolution #267039 introduced by Council President Hozzah. . The full Council debated the matter. The ResoTution passed by an affirmative vote of 5 and a negative vote of 2. all pursuant to the St. Paul Charter �6 . 03. VI. That same day, Rose Mix, St. Paul City Clerk, acting as the Council Secretary, certified that the Council had so acted by affixing her signature to the resolution. VII. In accord with the St. Paul City Charter §6. 08, the Resolution was properly forwarded to Mayor Lawrence D. Cohen for his approval.� The riayor signed the Resolution on April 12, 1976, and transmitted it to Rose Mix to publish in the official newspaper as required by the City Charter §6.07. VIII. At the instance of the r4ayor' s approval the contingent agreement between Mary Crea and the Unidale Development Cor- poration became certain, affixing enforceable rights between the parties. -2- , � . . IX. On April 13, 1976, the following approv-1 by the Mayor, the City Council voted by oral motion requesting the City Clerk to hold up publication for a "reasonable time. " X. . On April 21, 1976 , Mary Crea, through her attorney, Roland C. Amundson, Esq. , communicated with Clerk Mix � requesting an indication of her intentions. To date the Clerk has refused to publish the Resolution or indicate any intention to do so, despite the fact that there appears to be no reason to further refuse. XI. The City Clerk is duty bound b_y her Oath of Office to discharge this ministerial function as is the License Inspector to discharge his. Failure to do so is in violation of the City Charter. (�17. 03) . XI2. The dilatory conduct on the part of the defendant Rose Mix has caused harm to Mary Crea and threatens to result in irreparable loss if the Clerk does not so act. THEREFORE, IT IS ORDERED that the Clerk of District Court shall issue a Writ commanding ROSE P4IX, Clerk of the City of St. Paul, r2innesota, to publish immediately the Council Resolution #267039 in the official newspaper of the City and transmit to the City License Inspector all necessary documents to complete said transfer. -3- , ,� . . . • IT IS HEREBY FURTHER ORDERED that the Clerk of District Court shall issue a Writ commanding JOSEPH CARCHEDI , St. Paul License Inspector, that follo��ing publication of Resolution #267309 and receiving appropriate documents from the City Clerk relating to this license transfer, to process this appli- cation without delay and forward it to the appropriate liquor � control authorities of the State of Minnesota. SO ORDERED BY THE COURT: DATE: �'Z 1 �� g� /l'!�/rl G��.�iC/ Judge of District Court , , . � �6��9 ROLL CALL FOR APRIL, 1976 Yeas Nays !� SYLVESTER �- TFDESCO � � CHRISTENSEN HUNT �,-,''"��-..:. 2•-'" LEVINE ROEDLER �"'`� � PRESIDENT (HOZZA)