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86-899 �`. �• � QIV. WHITE - CddITYr"���y .�� C NARY� - .U�4ARTME �� � (�jITY OF SAINT �AUL Council /� �J�j BLU� - MAjOR � �'I ��� 04 File �O. ""'�_ �+ • � � �'" � Council .�es io Presented B • �� Y Referred II� Co ittee: Date Out of Co I mit e By Date . . WHIIIRE S, The Saint Paul City Council denied the r equest of Jos � h erkovich d/b/a Ideal Hall for a waiver from the state limitat on of renting his premises for more than four weekly bingo s ' ons , and Mr. Perkovich has commenced an action in Distric urt for the purpose of compelling the City Council to appr ve his request for seven weekly bingo sessions at this locatio !; d WH E , Mr. Perkovich has offered to dismiss his District Court a ti n on condition that the Council approve the waiver for sev eekly bingo sessions, and that the Council will amend his bin ' h 11 license so as to limit the maximum number of weekly bingo se si ns at the hall to seven sessions subject to the option after tw lv months of making application to the Council to modify the week y ame limitation in the event Mr. Perkovich could con- vince th C uncil that it would not be detrimental to the adjacent communit a d to the City to so modify the restrictions; and WHE �EA , The Council ' s acceptance of this settlement of the Dist ic Court action will in no way impair or restrict the rights o he residents of the community to object to the con- tinued e is ence of the reception hall and bingo hall operated and cond t by Mr. Perkovich; now, therefore, be it RES �� V , That the Council of the City of Saint Paul does hereby a pr ve the settlement of the District Court action, as set fort the attached Stipulation for Dismissal , and the City Att � rn y is hereby authorized to approve the Stipulation on behalf'� of the City of Saint Paul ; and, be it FURTIER RESOLVED, That conditioned upon the execution of the Stip �i a ' on and on behalf of Mr. Perkovich, and approval COUNCILMEN 'I' Yeas Na�ls Requested by Depactment of: Drew N"°S'e [n Favor Rettman Scheibel li Sonnen _ AgBinst BY Tedesco Wilson Form Approve City Attorne Adopted by Council: I�li D te Certified Passed by Cou I .il S cretary BY By� Approved by Vlavor. Da II _ Approved b ayor for Submission to Council BY - - — BY � �� wFi1TE - C�TV CLERK I�' PINIS - FI➢IpNCE GITY OF SAINT PALTL Council � (/�� CANARV - DEPARTMENT� File NO. ��L/ � • BLU� - M/4VOR I� ��' Council Resolution Presented By Referred T li' Committee: Date Out of Com �itte By Date thereof �,,by the District Court, the Council hereby approved the applica io by Joseph Perkovich at 1494 North Dale Street, Saint Paul , Mi ne ota for seven weekly bingo occasions at this location; and, be � t FUR HE RESOLVED, That based upon the Stipulation between Joseph r ovich and the City of Saint Paul , there is hereby made a on ition upon the existing bingo hall license for 1494 North Da e Street, 5aint Paul , Minnesota, the following restric- tion on rth maximum number of weekly bingo sessions which may be perfo me at this location, provided, however, that the licen- see may, �i� a his option, and no earlier than twelve months from the datero this Resolution, request the City Council to modify this res ri tion in the event the licensee convinces the Council that to o ' fy the restriction will not be detrimental to the adjacentl o unity and to the City: � 'T ' s bin o hall license is issue g d with the i' e ress condition that no more than seven �' bi go occasions will be permitted to be ��'� co ducted on the premises in any week. " COUNCILMEN �i Yeas Nay � Requested by Department of: Drew r � Nicosia ljl j%� Rettman i'� In Favo[ Scheibel s�� � �ii � __ Against BY � Tedes�o wuson JUL 2 — ��� Form Approved City Attorney Ado pted b y Council: I;II Dat Certified Pa•s d uncll S t BY By, Appro Mavor: Dat I' L 3 I� Approved b or for Submission to Council B - - — BY PUBUSNEO J U L 1 21986 �"6 - f�9 � ���TT �. CITY OF SAINT PAUL .0 ; � OFFICE OF THE CITY ATTORNEY � x� G� '�^ '?� 1111�1!1111 a cS �. r� �� EDWARD P. STARR, CITY ATTORNEY �'``'rn�°�.� " 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER ''i MAYOR July 3 ', 1 86 Mr. A1 ls n City Cl rk 286 Cit H 11 Re: 14 4 0. Dale Street � Dear Mr �� O son: Attache �' i a copy of the proposed Stipulation of Dismissal to be attache ,' t the Ci�y Council Resolution adopted July 2nd. i� Yo rs ve y ruly ,� � � t � � , J OM� J '�� L ssis� an C y Attorney J�TS : g , v � � Att. -=� r`�-- c�-.; --,..� c,.v _. �'7 "J r� � cc : Cityl,, Co ncil � r' _c.� o rn _ ._ �-� v .�:� � `� cc; rn �� . .. ��- �9 � . STATE OF I., I ESOTA DISTRICT COURT COUNTY OFu SEY SECOND JUDICIAL DISTRICT --------- -- ---------------------- Joseph Pe � ko ich, d/b/a Ideal Hal , Plai ti f, vs . STIPULATION OF DISMISSAL WITH PREJUDICE City of S , aul, Victor Tedesco, Kiki Sonn , Jonn �rew, Jim Scheibel, ! h is Nicosia, Bill Wilson an i' J ice Rettman, Defe �' a s . � ---------- - --------------------- The a o -entitled matter, having been in a11 things full�T compromise , djusted and settled, as set forth in EYhibit "A" attached h� re o and made a part hereof, it is hereby stipulated and agreed ! by and between the parties hereto that the same is hereb}� dislis ed with prejudice and without costs or . . _ disburseme ��ts to either party. . � Dated this day of , 1986 . ' - EARL P. G 37072 Joseph Perkovich , Attorney f laintiff Plaintiff One Capita � C tre Plaza Suite 1300 � 386 North b ha Street St. Paul, 5102 291-8044 JEROME J. S I G # Assistant C ty Attorney Attorney fo D fendants 647 City Ha 1 St. Paul, M nn sota 55102 298-5121 1