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94-1228 d ORI C ouncil File # Green Sheet # / l 9% RESOLUTION CITY OF SAINT PAUL, MINNESOTA q. Presented By ZietA,A. Referred To Committee: Date 1 1 2 RESOLVED, that the firearms license of the Saint Paul Firearms Company, 3 Gregg A. Perkins, President, for the premises at 634 North Snelling Avenue in Saint Paul 4 for a firearms license under Chapter 225 of the Saint Paul Legislative Code, is hereby 5 revoked. 6 7 This Resolution is based on the Order of the District Court for the Second 8 Judicial District, dated August 12, 1994, a copy of which is attached hereto. Blakey Y--- Nays Absent Requested by Department of: Harris 4/ Grimm v' Guerin v Me and v` Rettman r/ Thune B y: 7 ® Form Approved by City Attorney Adopted by Council: Da AUG 4 . '' Adopti Certif' - .' • ; n Secretary ~ By WY V . f / g 15.- W By f Approved by Mayor for Submission to r Council Approved Mayor: Date '.L `'f r', i , i , . ,e,, By : By: ,— F '/'. DEPARTMENT /OFFICE /COUNCIL DATE INITIA ED Office of the City Attorney 08/15i94 GREEN SHEET N° 19919 CONTACT PERSON & PHONE INITIAUDATE INITIAUDATE El DEPARTMENT DIRECTOR E CITY COUNCIL Philip B. Byrne, 266 -8728 . ASSIGN R FCa CITY ATTORNEY CITY CLERK r NUMBE MUST BE ON COON q ENq BY (DATE) ROUTING 7 BUDGET DIRECTOR n FIN. & MGT. SERVICES DIR. Eith ”.2 7/ B Suspension ORDER 7 MAYOR (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES (CLIP ALL _OCATIONS FOR SIGNATURE) ACTION REQUESTED: RECOMMENDATIONS: Approve (A) or Reject (R) PERSOI Al. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has "lis person /firm ever worked under a contract for this department? CIB COMMITTEE YES NO 2. Has his person /firm ever been a city employee? STAFF YES NO X DISTRICT COURT 3. Doe: this person /firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain III yes answers on separate sheet and attach to green sheet Order of District Court INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Order of Judge James H. Clark, Jr., Ramsey County District Court, which directs revocation of firearms license held by Saint Paul Firearms Company. ADVANTAGES IF APPROVED: Compliance with Court Order. DISADVANTAGES IF APPROVED: N/A OMNI Researdi Center AUG 1 8 . DISADVANTAGES IF NOT APPROVED: Possible contempt of court citation. DOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO :UNDING SOURCE ACTIVITY NUMBER °INANCIAL INFORMATION: (EXPLAIN) sz-/ STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY en a _ 12 _g11 SECOND JUDICIAL DISTRICT Hamline- Midway Neighborhoo1 Stability Coalition, Jodi Bantley, Joette Hamann, William Maloney, and Laura Melnick, AMENDED ORDER Plaintiffs, Court File No. C2 -93 -13361 vs. St. Paul city Council, city of RECEIVED St. Paul, and St. Paul AUG 12 1994 Firearms Co., Defendants. CITY CLERK The above - entitled matter came on for hearing before the undersigned Judge of District Court at the Ramsey County Courthouse, in the City of Saint Paul, State of Minnesota, on April 22, 1994. Petitioners /Plaintiffs and Respondents /Defendants both motioned the court for summary judgment. Richard D. Snyder, Esq. 4, and Kent G. Harbison, Esq. appeared on behalf of the Petitioners /Plaintiffs. Pkilip Byrne, Esq., appeared on behalf of the Respondents /Defendants. The Court, having heard the arguments of counsel and upon all the files, records and pro ;eedings herein and being fully advised in the premises: IT IS HEREBY ORDERED: 1. Petitioners / Plaintiffs' motion for summary judgment is granted; 2. The petition for writ of mandamus is granted and Res o p ndent /Defendant City lf St. Paul is hereby directed to revoke the firearms dealer's license issued to. Saint Paul Firearms Company; - 3. The resolution alopted.by the St. Paul City Council on October 14, 1993, council !lie 93 -517 is reversed; 4. The firearms dealer's license granted to Saint Paul Firearms Company is hereby declared to be invalid, and any continued operation of the firearms business pursuant to that license is declared to be _llegal; 5. Respondents /Defendants St. Paul City Council and City of St. Paul's motion for summary judgment is denied. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 12, 1994 • B) THE COURT: ,Ilk ...1.L A ',Ames H. lark, Jr. O tstrict Court Judge OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director P SAINT CTTY OF SAINT PAUL 350 Si. Peter Street Telephone: 612- 266 -9112 Norm Coleman, Mayor Suite 300 Facsimile: 612-266-9124 01* Saint Paul, Minnesota 55102 *AAA �� I I August 17, 1994 To: Council President David Thune Fr: Robert Kessler, LIEP Direc .or 'f.) Re: Judge's Order - -Saint Paul Firearms Company I am requesting, on behalf of the Administration, that the City Council consider the attached resolution to compl■ with the judge's order to revoke the license of the Saint Paul Firearms Company. Please let me know if you have amy questions regarding this matter. c: Mayor Norm Coleman City Councilmembers Pam Wheelock, Chief of Staff Tim Marx, City Attorney Phil Byrne, Assistant City Attorney , Animal and Pest Control 612 -645 -3953 Building Inspection and Design 612 - 266 -9009 Lawful Gambling Enforcement 612- 266 -9114 Environmental Health Services 612- 266 -9130 Food Inspection Services 612- 266 -9130 Zoning Administration 612 -266 -9008