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86-351 WHITE - CI7v CLERK PINK - FINAN�E G I TY O F SA I NT PA U L Counc 1 CANARV - DEPARTMENT /o� BLUE - MAYOR File NO. �+�� / Cou ci es l�tion �� � �` Presented By `� G �i' �' f.; Referred To % Committee: Date Out of Committee By Date RESOLVED: That Application for six Bingo occasions, applied or by Joseph Perkovich at 1494 North Dale, be and the sa e is hereby approVed,/�f�G(�'�f�� and the Council of the Cit of Saint Paul will not approve more than six Bingo oc asions per week at this location. COUNCILMEN Requested by Department Yeas Drew Nays �"os'a � [n Favor Rettman � �heibel � �nnen __ AgBi�st BY i/redesco / Wilson � Adopted by Council: Date MAR 2 0 1986 Form Approved by City At rney Certifie assed by Council Secretary BY B} y J��".�v - - Approv� y Ylavor: Dat — MAR � `� I�t76 Approved by Mayor for Su ission to Council By =— sy Plf3!6���D P.",�1� ? 9 1986 ��=�v—.3�s—� -------- _ -- - —�_ ,�._ - r��� �,____�.�s,=t..� ---__ _�'`�.�.._ --- _ ._ ��___ _ _ ,__ _-------—. � . �f--- - ,-� , _ Q � 7`�.�_ � , �� �_� ��,��i -a-� - ��� �1[/ ._.� _.,�-�''�r u�.,-- yY� L�-.� _.��.� _ � � �. . ,_- -- :_.__ __.,_.�._a .� - -�c!� _a __—_.�.��c��'���,f.'-�:�-�.- _ `_. _ __- - -_:__ _ �.,�_��_. _Qi...-1 �_.���f-__�_�c..t..��..�u!�-_'. _:,�, _ . _ � __ - — T - __ ________�.�_ ___ _ ---- i i - --'-=----= _ _ ��.: sr-LL...�__.�___._ - ---, _ ._a��..�,_�_...__ _,,- _. --- -- ___,_- -- -- __ �,-- -- ___. _.._�.- r _._.. - - - __ _ _ _ ..__ _. _ --.. -_._. _. ,. T : _ __ -. : -Y , _ _.. _. _ ... f ---�--_, __ _ ��_ .� ___. . _ _ _ - __-_-_ -- - _ —_ _ -- - :. @,-.�- �-3s7 _ ;�`j CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: March 18, 1986 T0: Joseph F. Carchedi License Inspector FROM: Mike Vruno Deputy License Inspector �7 i d On March 14, 1986 I went to 1494 North Dale Street (Ideal B ngo Hall) for the purpose of ineasuring 300 feet from the property lines o the above address and to place Public Notice of Hearing on door handl s. There were 32 notices issued. The following addresses were included: North Dale: 1462, 1465, 1469, 1470, 1475, 1478, 14 1, 1485, 1489, 1493, 1494, 1500, 1501, 15 , 1509, 1510, 1515 Danforth: 1459, 1465, 1472, 1474, 1475, 1478, 14 2, 1488, 1490, 1494 Maywood: 1492, 1496 Nebraska: 1500 MV/lp �.- ���-.�� s � � � ��� 10:00 A.M . 1HURSDAY, AUGUST 8, 1985 00[AJCIL (x-IAN�ERS - CITY HALL & CGURT I-ICUSE SAINT PAUL, NQMVE..S(7rA � The meeting was called to order by President T�esco at 10:00 A.M. Present - 5 - Councilmembers Masanz, Scheibel, Sonnen, Wilson, Pres dent Tedesco Absent - 2 - Councilmen Drew and Nicosia (Councilman Drew was excused and Councilman Nicosia a�'rived at a point during the rrteeting.) Gouncilma� Scheibel introduced two persons in the Council Chambers volved with the Hispanic Leadership Progran of the University of Minnesota. Third Readin� - 85 987 - An ordinance desi�nating the Roundhouse, ilding ��3 - the Wheelshop, �d Building 4�8 - the Storehouse, of the Jacksan St eet Shops as a Heritage Preservatian Site. Laid over to August 15, 1985 for Final Adoption. Secor�d Reading - 85-1010 - An ordinance amending Appendix G of t Legislative Code relating to the Energy Park Energy Franchise. (Energy, Utilities & Envircnment Committee recommends approval as amended.) Councilmember Sonnen referred to the fYrst draft of this ordi e which was submitted in February and referred to committee and known as Counci File 85-269 � -- =. and she said the ordinance has been completely redrafted__a¢�d she withdrew_the _ _ ordinance 85-269. Laid over to At�ust 13, 1985 for Third Reading. Councilman Nicosia arrived at this point in the meeti�ng. Resolution �nending Section 3.B of the Civil Service Rules by stri 'ng the title of Telecamm�.m.icator in Grade 16E �d inserting same in Grade 24. ( Reading & Adoption - Finance, M�iagement & Personnel Committee recommends proval.) Adopted. Yeas - 6 Nays - 0 85-1036 Resolution amending Section I, D 1, of the Salary Plan and Rates o Compensatian Resoluti� by strikir�g the Salary Range for Grade 16E fran the Cle ical Standard R�ge. (Second Readir� & Adoption - Finance, Mamagement & Per el Committee recanmends appraral.) Adopted. Yeas - 6 Nays - 0 � 85-1037 Resolution apprwi.r� 1985 Maintenance Labor Agreement between he City and United Slate and Tile �nd Cflmposition Roofers, Damp and Wate roof Workers Association Local 96. (Second Reading & Adoption - Finance, anageinent & Personnel Committee recommends �proval.) Adopted. Yeas - 6 Nays - 0 85--1038 Resolution approv�'.ng 1985 Memorandum of Settlement between the Ci �d the Iron Workers Local 512. (Seco¢�d Reading & Adoption - Finance, Managem t & Personnel Canmittee recanmends approval.) Adopted. Yeas - 6 Nays - 0 85-1039 Resolutiocz appraving 1985-1g86 Maintenance Labor Agreement betw the ISD �625 � and the Pipefitters Local Union No. 455. (Second Reading & Adopt on - Finance, Ma�agement & Personnel Committee recommends appravalJ Adopted. � Yeas - 6 Nays - 0 85-1040 _3'j9- .. . �_�(p-3�/ August 8, 1985 Resolution amending the 1985 budget by adding $117,559 to the Fin cing Plan and � to the Spending Plan for Housing and Building Code Enforceme t. (Finance, Management & Personnel Committee recommends approval.) Adopted. Yeas - 6 Nays - 0 85-1041 Resolution amendin� the 1985 budget and transferring $720 from General Governm�nt Accounts-Employee Parking tA Community Services/Par �md Rec. for - playground & recreatio� equipment. (Finance, Management & Perso el Committee recommends approval.) Cowlcilman Wilson requested a lay over of this �d the following esolutions and said he would like to write for a legal opinion concerning this m tter. Councilmember Sonnen said this is no different than aa�y other et transfer and Counci7maal Scheibel explained why the legal questio� has bern raised. After fLrther discussion this resolution and the following e resolutions were laid aver fo�- one week to August 15, 1985. Resolution amending the 1985 budget and transferring $720 from General Government Accounts-Employee Parking to Community Services/Par and Rec. for playground & recreation equipme�t. (Finance, M2nagemen� & Per el Committee recommends appraval.) Laid wer to August 15, 1985. Resolution amendin$ the 1985 budget and transferring $720 from General G�+ernment Acoaants-Employee P�king to Comm�ity Services/Par and Rec. for playgro�nnd & recreation equipment. (Finance, Management & Per el Committee recommerids appraval.) Laid wer to August 15, 1985. Resolution amending the 1985 budget and transferring $72 from General - � Gavernment Accounts-Employee Parking t,fl Comm�ity Services/Par and Rec. for � � �� playgro�aid & recreation equipment: (Finance, Managemen� & Per neY Committee reoommends appraval.) Laid over to August 15, 1985. Resolution requesting the Administration keep its recanmendati for the 1986 General Funds Budget proposals for employee's salaries within a 1/2� increase. (Not recommended for approval by the Finance, Managem�t & Perso 1 Committee.) Counci.lman Nicosia said the committee recommended that this be done by letter rather than resolution and Councilman Wilson explained the reason for his positian. Councilm an Scheibel said he supports the concept of giving irection but a formal resolutioa� could ler�d to bad or difficult negotiati�s. . Co�,mcilman Nicosia said the Council �proves a�eem�nt and th issue oould be addressed at that time aa�d Councilmaon Masanz said we shouldn't et involved in negotations and shouldn't tie the hands of the negotiators. Councilman Wilson said the resolution doesn't have anything to do with the negotiator and after some discussion h�e withdrew the resolution. (cc 4�12355) Claim of Antonio Bernard Brown, by attorney A. Keith Ha�zel, 814 Degree of Hon� Bldg., St. Paul, filed August 1, 1985, was read. Referred to the City Attorney's office. Claim of Charles L. Dawley, by Murrin Metropolitan Legal Cen r, 3009 Holmes Ave. S., Mpls., filed July 31, 19�, was read. Referred to the City Attorney's office. � Claim of Mark �ederickson, 971 Livingston, West St. Paul, fl.l July 31, 1985, was read. Referred to the City Attorney's office. � _� . �!c d'�^" 35� � August 8, 1985 Claim of Laverne Vanessa Lyles, by attorney A. Keith Hanzel, 814 ree of Honor Bldg., St Pa�al, filed August 1, 1985, was read. . Referred to the City Attorney's office. Claim of Margaret A. MeRaith, 4636 14th Ave. S, Mpls., filed July 1, 1985, was read. Referred to the City Attorney's office. Claim of Jacquelyn J. Smith, 10460 - 170th St. N., E�ago, filed J y 31, 1985, was read. �1 Referred to the City Attorney's office. i Claim of the United States Post Office, St. Paul, filed July 31, 1 85, was read. Referred to the City Attorney's office. Administrative Orders D-7578 through D-7581 as on file in the City Clerk's office were noted. � Resolution oonsenting to the i.ssuance of Port Authority Revenue Bonds i.n the amount of $1,540,000 bo finance the acquisition and rehabilitati� f a building at 150 Eva Street for Riverview Tndustrial Center Partnership. Referred to the Finance, Managsnent & Personnel Cotrmittee. Resfllution consenting to the issuance of Port Authority Revenue Barxis in the amount of $3,010,000 to finance the acquisition and rehabilitatiori f a building located ari the Jackson Street Shop Site for D. K. Conners, Ltd. � Referred to the Finance, Management & Personnel Caimittee. � Resolution approving the appointment of�David Hozza to serve as a ember of the Ad Hoc Downtown Riverflront Commission. _ :. Adopted. __.._ - Yeas_- 6 _ _--_� Nays - 0 �_ . � 85-1042 Resolution appraving the appointment of LeClair Lacnbert and the re ppointment of Jerome Lantry, Robert Kost and Richard Swanberg to serve as mem rs of the St. Paul Civic Center Authority, terms to expire on July 1, 1989• Adopted. Yeas - 6 Nays - 0 85-1043 Resolutica� appraving the appointment of Sara N. Pillow to serve a memb�^ of the Ad Hoc Citizens' Commission cr� Bonding aa��d Financing Practice Adopted. Yeas - 6 Nays - 0 85-1044 Resolution approving the appointment of Steve B� Wellington, Jr.( erm to expire September, 1987) a¢�d Barbara Lukermann (term to expire September 988) to serve on the Board of Directors of the District Heating Developme.nt il. Adopted. Yeas - 6 Nays - 0 85-10il5 Resolution granting the appeal of Aurora/St. Anthony Block Gr up, Inc. to a decisior� of the Planning Commission that granted a special use permit, for a commwlity residential facility for sixteen persons at 623 Fuller granting a special use permit f� a commtmity residential facility for not to exceed six . persons. (Hearing held May 16, 1985 and Augus� 1, 1985.) Councilman Wi.lson explained the matter fUrther ar�d said the opti n is to get a special permit for six persaris � to operate a foster hane for fi children. Ms. Buckner said she has been licens�i as a group foster parent one person isn't going to make the difference and she is already lice sed for five children. Councilma� Wilson said he w�derstands the intent of the testimon to mean that ` Ms. Buclm� will operate the facility as a foster hane for five c 'ldr•en. ( Mr. Haider of the Planning staff said the necessary resolut on should be ~ prepared granting the appeal of the Aurora/St. Anthony B ek Club for oonsidera�ian at a flature meeting. _3g�_ _---...,.�,�__.__�._.�R,p,_.... _..,,.�...._._.�._....,..,...,,,..R.M.....,,,,... ..,._�..�.�_..,.�..,s.9.�...._..��,._ ._ .�_ _.. ����-.�i s + • AuguSt 8, 1985 Resolution denying the appeal of Thomas G. Dunn and twenty-two co- titioners to � a decision of the Board of Zoning Appeal regarding property at 1494 N. Dale allowing continued operation of a non-conforming use (Ideal Hall - Hearing held July 25, 1985.) �p�. Yeas - 6 Nays - 0 85-1046 Resolutioa� exempting the St. Paul Socialist Workers Campaign ittee and - Maggie McGraw fYtom the provisions of the St. ��al Legislative Cod , Section 28 (disclosure requirements for campaign reports of political co mittees and persons). Coimcilman Nicosia expressed concern about this exemption aa�d Ms. Peak of the City Attorney's office explained that the city ordi.nance requires t is acti� if an order of the Ethical Praetice's Board has been issued. After further discussion the resolution was referred to the Legislation Ca�mittee. Resolution amending C.F. $5-968 being a resolution accepting two acts of land fran the HRA and correcting the designated use of land. TYact 1 ill be used for park purposes and TYact 2 will be part of the right-of-way of t Water St. Adopted. Yeas - 6 Nays - 0 85-1047 Resolution Approving Assessment for sidewalk construction n parts of Morningside Drive, Snelling Av�nue and E. Montana Avenue and se ing date of hearing for September 10, 1985. �p�• Yeas - 6 Nays - 0 85-104$ � Resoluti� Appraving Assessment for Boardings-Up of vacant build' through the month of J�me, 1985 aa'id setting date of hearing for September 10, 1 85. Adopted. Yeas - 6 Nays - 0 85-1049 - --� Resolution Appmving Assessment for Demolition of vacant�buildirig through �the -� - month of June, 1985 arxi setting date of hearing for September 10, 1 85. Adopted. Yeas - 6 Nays - 0 $��p5p Resolution Apprwing Assessment for 1984 and 1985 Diseased Tree Removal and setting date of hearing for�September 10, 1985. Adopted. Yeas - 6 Nays - 0 85-1051 Resolution Approving Assessment for Stanmary Abatements through e month of June, 1985 and settir�; date of hearing for September 10, 1985. Adopted. Yeas - 6 Nays - 0 85-1052 Preliminary Order for construction and/� installation of bus elters with advertisements on the public rights-of-way in St. Paul at ZO locati ns as listed and settir�g date of publie hearing for At�ust 27, 1985. �p�d. Yeas - 6 Nays - 0 , 85-1053 Final Adoption - 85-958 - An ordinance amending Chapter 41 .10 of the Legislative Code pertai.ning t;o the issuance of Temporary Qz Sale r li�censes and eligibility requirements. (Legislatian Committee recommends roval - laid over fYbm August 6, 1985.) At the question of Co�mcilmen, l�. Carchedi said he follows the ordinance as written and the anenctnent will allow more applicants to get license . Councilman Scheibel said he favors the ordinance but ther should be administrative guidelines on organizations. j Councilmember S�nen said she thinks there could be administrati guidelines ' and checklists and applicants should defi.ne themselves. Mr. Carchedi said their guidelines �e the ordinance and Counc lman Wilson suggested that the ordinance be adopted and that the Council equests Mr. � Carchedi to c�-aw up rules �d guidelines. � ` � Ms. McPeak of the City Attorney's offioe said �y other criteria s uld be part (Discussion continued ori following page.) _� . ���.� " August 8, 1985 i � (Discussian continued fran previous page.) of the ordinance or the �dinance could allow for rules to be set up Councilmember Sonn� suggested that the ordinance should be referred back to the Legislation Carmittee for discussion and rewriting. Referred to the Legislati� Caimittee. Resolution granting two Temporary On Sale Malt Beverage licenses to the St. Paul Police Softball Team at Rice & Arlington Playground for August 17 and August � 18th, 1985. (Laid aver flrom July 31 and August 6, 1985.) � Adopted. Yeas - 6 Mays - 0 85-1054 � Resolution authorizing paym�t of $1,308.00 to �Joyce amd James Br fYom the Tort Liability Ftmd in fUll. settlement of their claim. (Laid over from August 6, 1985.) Councilman Wilson said the resolution has been rewritten to includ additional car rental costs and because it was laid over from Zlaesday another 29.00 should be added to m�ce the total �nount of settlement $1,475.33• Ms. McPeak said the settlement agreement included car rental c s� through Zlaesday. CoLmci]man Wilsan moved approval of the anended resolution. Adopted. Yeas - 6 Nays - 0 85-1055 Camcilman Wilson referred to a resolution adopted some time ago tablishing the Martin Luther King's Holiday Commission with fifte� members he said it is now agreed that the committee should be expanded to twenty-five embers. He moved that the rules be suspended to consider �n amendment and he s 'd there is no fYnancial impact involved. Coimcilmember Sonnen �d Nicosia suggested that the item be process a�d placed a� a regular City Council agenda and after some discussion no actioal was taken. � `i Cotmcilman Wilson left the meeting at this point. . . _. ____ _ -----, .�_ _ -- - Councilman Scheibel asked to be excused fran City Council on 7laesda , August 13 and CoLmci]maal Nicosia moved that the request be granted. Adopted. Yeas - 5 Nays - 0 Zhe meeting was thereupon adjourned. (10:55 A.M.) ADJOURNED AT 10:55AM. i.�ci esi en ATTEST: Copies sent to Councilmen Minutes approved by Council i y er � ABO:CP i�. ` -383- _. ___..�.�_._. __ _v- _ �.._..,._,..�.�._� � �� �� -�� ' July 25, 1985 (Discussior� continued from previous page.) Workers Local 512. (First Reading) � Referred to the Finance, Managenent & Personnel Carmittee. Resolution approving 1985-1986 Maintenance Labor Agreement between the ISD 4�625 and the Pipefitters Local Union No. 455. (First Reading) Referred to the Fin�nce, Management & Personnel Carmittee. . ', Resolutian granting renewal of various licenses to pers�ons as list . Adopted. Yeas - 5 Nays - 0 85-982 Resolutio� Approving Assessment far� the impravement of Ford Par ay between Mississippi River Blvd. and Kenneth Street and the improvemen of part of Clevelaald Avenue between Shepard and Ford Parkway ar�d setting da of hearing for tAta�.ast 27, 1985. (P.O. 85-596) Adop ed Yeas - 5 Nays - 0 85-983 Councilman Nicosia moved that the rules be suspend� to consider resolutio� approved by the Public Works Ca�mittee yesterday designating a stre name. Adopted. Yeas - 5 Nays- 0 Resolution designating that a private drive intersecting Ruth Str t, 165 feet south of Pathways Drive and intersecting Parkside Drive 255 east of Ruth Street be n�ned Creekside Way (recarmended for approval by the Public Works Camiittee). Adopted. Yeas - 5 Nays - 0 $5-984 Letter of the State Department of Revenue transmitting applicatio �31925� by Ted Glasrud Assoc. for reduction in the assessed valuation of c rtain real � estate. (Laid wer from July 23, 1985.) After a short discussiori the letter was laid aver to 1laesday, July . - . __ _ ..._. _..__� - - -=-- - _. Appeal of Thomas G. Umn and 22 Co-Petitioners to a decision of e Board of � Zoning Appeals regarding property at 1494 N. Dale allowing contin operatian of a No�conforming Use (Ideal Hall). Fred Haider of the Planning staff reviewed the history of the matter and explained slides showing the location of the property a�d surroi.ald ng uses and he explained a proposed new parking lot �-rangsnent. Councilman Ih-ew arrived at this point in the meeting. Reno Rossini, 1461 Kent St., said all the people in opposition liv within 350 feet of the property and he hopes to coa�vince the Council that Board of Zoning Appeals erred in approving the r�on-conforming use. Tom Durm reviewed the history of the property and zoning actions an� referred to many elderly in the �ea who have w�orked hard to maintain the area d said m�y uses are available without non-conforming status. Marsha Thompson, 1449 Dansforth, said they used the same alley 2rid it has been blocked ma� tim�s because of deliveries a�d during the use of t hall and parking dur�ng receptions is a problem. She said dealings with . Perkovich have nat been positive and she referred to the noise nuisance duri events at the hall. She said she doesn't think agreements as a result of ined ation would be honored by Mr. Perkovich and it is � illegal use in a B-1 zone. At the question of Councilman Drew, Ms. Thompson said when it w an auction house trucks parked for as long as two days and since the appeal been tmder consideration Mr. Perkwich has helped to alleviate the parking prob em. At the question of Councilmember Sonnen, Ms. Thompson said the p posed lan will help some of the problems but the real problem is enforcem t and pshe doesn't see the items being enforced aft� they are implemented. Mr. Rassini said a mistake by employees should not be the basis fo granti a � non-conformirg use and he referred to buildu?g permits issued for remodeling without a¢� intention of use and said he thinks there are other s available to Mr. Perkavich for this building within the proper zoning. (Discussion continued � following p�age.) -355- 1��3s7 JulY 25, 2985 (Discussion continued fY�an previous page.) � Dr. Robert Smith referred to his attempts in 1976 to purchase th building for � medical office space. � At the question of Coi.g�cilmember Sonnen, Dr. Smith said in 198 there was a fYuit market at the location and upon question of Councilmember � Mr. Segal said that would be a permitted use. Mr. Rossini said the fruit market was for a four month�s retail o ration. Steve Battisto, 1500 N. Dal.e, said he has a business in the build' adjacent tA - the hall and also lived at the location in 1975 and the p operty under consideratiari was vac�t at that time. He sa d he has two a ents upstairs ar �d f1-an time to ti.me they have heard naasic an� lot�d noise. At the questian of Councilman Tedesoo Mr. Cohen said the operat' ends at 12 midnight and the building is usually vaca�ed by 12:30 P.M. At the questior� of Councilm� Drew Mr. Battisto said his tenants have remained the same during the period of time under consideration. At the questio� of Councilman IA�ew, Wendy Lane fran the buildin� d partment staff said bingo is t�sually allowed as an accessory use in a buil ' Greg Kellor, 1469 Kent, said the operation could be called a dan hall, a beer hall a- a ga�nbling hall and the operation has become a nuisance he referred to urinating in yards and an occasianal disturbance and said par 'es sometimes go ori after the building is closed. Mr. Rossini said it is their contention that the building was acant before October, 1975 and to the sprin� ar�d summer of 1977. He referred statements in the �les flrom Mr. Cohen, Mr. Schiller aa�ci other affidavits erning the use and lease of the property and said there are about thirty three people present in the Co�mcil Chambers in opposition to the proposal. Mr. Cohen indicated that he has made no effort to bring in su rters of the proposal such as groups and charitable organizations using the bui ding. At 12:05 P.M. the meeting was recessed t.mtil 1:15 P.M. and then r onvened. � - - - Gene Weyandt, 552 Wheelock, said he cannot see that permission granted to -- - change the use and the neighbors feel that their property va ues will be affected. He said a decision should be made on behalf of the majo ity. Mr. Rossini submitted and explained several affidavits and docLUnen relating to the use of the property �d said based oc� the evidence presente they t,u�ge a vote to deny nan-conforming use. Laurence Cohen, attorney representing Mr. Perkovich, appeared and said the appeal before the Council today was filed by Mr. Aossini and other neighbors and the burden is not on Mr. Perkovich. He said he has not rec 'ved all the information submitted by Mr. Rossini but the copy of the warramt deed a�d the comm�ts aa�e incorrect amd he said he has a copy of the contract or deed that was dated in December of 1976 and that is the closing doctunent. He said the City Co�mcil has the right to hear the appeal when there is a det rmination of error and the affidavits are part of the file and were considered by the Board of 7�oning Appeals. He said all the information he lzas heard ay has been previously submitted although not in affidavit form. He referred to organizations that use the location for bingo games and said it is also used for wedding receptions, square dancing and some more events. He said Mr. Perkwich has been responsible to the coneerns of the neighbors and Mr. kavich has stated he dcesn't want a liqua- license or want admission events �nd he has a police officer for ev�y affair except afternoon bingo. He said chains the lot after closing and deals with traffic issues and has reed to any concessions he can make as a businessman. He said Mr. Perkov' h pays over $13,000 in taxes and provides a good service and he referred to signs on . adjacent property relating to perking which involves street or dewalk area. He explai.ned affidavits on file showing the property was leased tA Mr. Marty in 1975. Co�cilmember S�nen referred to problems witih some of the testi y concerning � the use of the property for a fruit market and Councilman Tede said he is familiar with that operation aa�d believes it was mainly a wholesal operation. Mr. Cohen said major steps will be made to comply with the recomme ati� of the (Disc�sion continued m following page.) -356- ���i JulY 25, 1985 (Dis�ussion continued from previous page.) � � staff amd with the neighbors. �� Mr. Battisto said the fruit market operation was strictly a retail peration and he was in that building during the time i,alder contention and it w vacant aa�d Mr. Schiller should have papers showi.ng rental a�d lease of the pr rty. At the questian of sane Councilmembers, Mr. Segal explained the nforming use provision in the zoning ordinance. Robert Cunningham, 1532 Maywood, said the fruit store didn't have enough merchandise tA operate as a wholesaler and he also expressed ncern about liquor service at the hall. � Mr. Rossi.ni said he ag�eed previously that the warranty deed inform ion may not be substantial and he thinks the information from the telep one book is substantial information. He said the fruit market was a B-2 o eration and supersedes the non-conforming use status. Mr. Segal said whether the use as a fruit market constitutes a use whieh supersedes a non-conformir� use is an area of discretion for the il. Councilman Scheibel moved that the public hearing be closed with iscussion be limited to Councilme�nbers. Adopted. Yeas - 6 Nays - 0 Councilman Masanz said information from Mr. Marty and Mr. S hiller vary considerably a�d the report of Wendy Lane says an inspection shows the building vacant in 1975 and and in 1976. He said a letter af Mr. Erickson f no basis for granting a non-conformi.r�g use a¢�d doctunents do r�ot show proof of operation even in 1976. Councilman Masanz moved that the Council deny non-conforming use s tus for the hall. . Councilman Scheibel said most decisions on appeals are neces ary because informatia� is not clear and it is a fact that a permit was issu to build a dance area. He said Mr. Perkavich has remodeled the property at eat expense ar�d there is a hardship factor and he thinks the use is similar there was � � continuous use a�d the Hoard of Zo�ing made the right decision. . ..._ Councilman Nicosia said he agrees with. the remarks of Counci].maa� Scheibel and _. _. thinks the operation is a neat �d cle� ane and parking is good. Councilman Drew said there is a lot of hearsay involved and h thinks Mr. Perkovich has made c�anges a�d will cooperate with the neighbors. Councilmember Sonna� said she will support the motion but it is a difficult decision and she believes Mr. Perkovich i.s a good operator amd would be an asset to the community and �e Itnows it would be a Yarrible ic hardship for Mr. Perkwich but she thinks the zoning laws must be upheld. Coun�ilman Masa�z said the majority of the neighbors would suffer rdship also a�d he again referred to the inspection report stating the build' g was still vacant in 1976. Councilm an Tedesco said he thinks the City is partly at fault for issuing permits and he plans to vote against the motion. Roll call on Counci].man Masanz's rrotiar�. Yeas - 2 (Masanz azd Soa�nen) Nays - 4 Motior� failed of adoption. Co�.mcilman Nicosia moved that the a�peal be denied and the decision of the Board of Zani.ng Appeals be u�eld. Adopted. Yeas - 4 Nays - 2 (Masan2 an Soa�uzen) Councilman Scheibel moved that the meeting be ad�ourned. Adopted. Yeas - 6 Nays - 0 (3:20 P.M ) ATTFST: ADJOURNED AT i esi en � y er Copies sent to Co�.mci]men ABO:CP Minutes appraved by Counci -357- ' � . , - _ . _ __. . _ _ __ . ._ ,.w�_ ,. __ . _ _.. . �___... �- - � .._ . _ � MARCH, 1986 � ' -�-�� ea � Nays ,� ,, t� , i RETTMAN � 1; - `r' SCHEIBEI� � j . ��� ; - SO --�� � � NNEN : �-Y.- ,.�...: ,. , WILSON � DREW _ NICOSIA MR. PRESIDENT, TEDESCO �-��.�,�,.,...�-�...-rv.�,,�.,��. .,,a..,a.o.a.,.,._,..,�...�., .-.-..,..�-.�..,... ,,...� _ ...e___ _ . -� , -- _. \ - - _ ---_-- r_ , _ � _ _ � (�� ���- _ _. ` � �`� �: � �� � ���� Y ,�;��, .�: ; _ - . - : �..��: _.�� _ � _ . .. . . r.. , , , . ,_ _. ....._ .�_.,.�., ....�......_. ...�. ..."_ -..._.a ..,.......,...:�y.:,�..-«v.�.�„Y_:.m....�,.�� � / ...._._,._. _.-....:_..._.. _ .. . ... . ._ ' .: . . �� ' -�� MARCH, 1986 �� `�`� � _ Yeas �.� � Nays ./�2ETTMAl�1 � . - � �=��� , : SCHEIBEL / ��°�'�'� . _ / _ '� A�i •` -. � SONNE1v co ` '� �� �� ,, �� :� _ ;,/ WILSON a . � � � ����� r ....��-`���;�; ✓ D� . ✓ NICOSIA . / � MR. PRESIDENT, � . V . .,�. ,__...._�. - � - - _ , »_— — - � \ ' � �' " � s , � ��a �. ` �;i � � . ,�! � �. ;�; � �� � , ;��`�;...