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277871 WNITE - CiTY CLERK erf f PINK - FINANCE n d_1 � �� CANARY - DEPARTMENT G I T Y O F S A I N T 1 �U L COUflGI �� BLUE - MAYOR File N . uncil Resolution Presented By �CENSE COti2�ICTTE� Referred To Committee: Date Out of Committee By Date RESOLVF'..,D: That Application R 291 for Game Roan License applied for by P'la,rk �utzick at 163 Ford Parkway, to do business as Rock-A-Fellas� be and the same is hereby gr ted. COUNCILMEN �� Yeas Nays Requestgd by Department of: Hunt Levine In Favo[ Maddo�c M�R B snowaiter __ Against Y Tedesco Wilson Adopted by Council: Date DEC 2 2 l�l Form Approved by City Attorney Certified as� d y Counctl S ar BY sy Ap o by :Vlavor: a e ! � "Q�C 2 g 198� Approved by Mayor for Submission to Council By� . _ _ gy _ PUBLISHED JAN 2 1982 I . . . ��'��`��! 224-4�45 i JOHN E. DAUBNEY I ATTORNEY AT LAW 304 DEGREE OF HONOR BUILDING � Z �i ST. PAUL, MINNESOTA 55'10'I /7 � / December 16, 1g81 �i City Council '� City of St. Paul ' City Hall , St. Paul,Mn. 55102 I� I Gentlemen and Mesdames: The following is a supplement to my letter to you of December 15, I 1981, in connection with the gameroom license for Maxk Rutzick on Ford I Parkway in St. Paul. I respectf'ully call your attention to a recent Minnesota Supreme Court decision decided September 25, 1981 in the case ]�.own as Tamarac Inn, Incorporated v. City of Long Lake in Hennepin County. The Court held that the denial of the renewal of an existing liquor license was arbitrary and capricious when the alleged violations were no more serious than those of similarl� situated establishments which were not denied renewal. The appellate court in the body of the decision included the following language: � "The city contended at trial that its decision not to ' I renew was supported by and based upon the various , complaints alleging violation of state liquor laws, I, and that these complaints demonstrated that respondent ' was not a fit and proper party to be granted license , renewal. I "Following a three-day trial on the merits, the trial court II issued the respondent's requested writ of mandamus ordering �� appellants to renew the Tamaxac's liquor licenses. The trial court found, inter alia, that respondent was unfairly singled out on the basis of the complaints when its � conduct was compaxed to other similarly situated. � � �" "The respondent made a substantial investment over a period � of years in the restaurant and pub. In spite of numerous I financial setbacks, respondent was within days of complying I with the city's restaurant requirement when Blohm appeared at the December 1979 license renewal heaxing. The city I council was well aware of the Tamarac's history and the � status of its restaurant renovation when it considered the , Tamaracts renewal application; yet, it failed to renew ' despite having renewed previously when the restaurant was much father from completion. Denial of renewal on ' the basis of incompleteness of the restaurant facility � under such circumstances is manifestly unjust and illustrative of what this court views as arbitrary and ' capricious action. ', I i, � .. .- .. �r� '�� . _ � _ "Administrative agencies and other licensir� bodies have generally established a renewal process which results in license renewal as a matt�r of cours�. See 9 E. Mc Qzillan, . -- Tlie Law of -A+I�nicipal E30rporations, �'ar. 26.19a ��ed ed. rev. 1978). This is a recognition by the reviewing body that � parties who invest substantial amounts of resources in preparing facilities for:ope,�ation are entitled to a reasonable expecta�ioii of` the continuing receipt of the benefit conferred by a Ticense. * �- � � "We have held in the past, in connection witl.�_applications for special use permits, tha,t similarly situated applicants should receive similar treatment by a municipality. See Northwestern College v. City of .Arden Hills, 281 N. W. 2d at 86g; iiay v. Township of Grow� 296 Minn. 1, 7-8, 206 N. W. 2d 19, 23-2�+ (1973)• `Inough we do not reach the question of whether the differing treatment accorded the Tamarac rises to the level of an unconstitutional denial of equal protection� the disparate treatment� with no adequate justification, evidences the .axbitrary qu&].ity of the cityts action." I cite this case to you because the situation is comparable to Mr. Rutzicks position: He has made a substantial investment relying on the prior issue of a gameroom license and the Board of 7oning Appeals has issued to him a special use permit. In the spirit of fairness, as well as justice� Mr. Rutzick is entitled to the renewal of his license. Respect submitted, �' �------_.__ . UBN ...._._�,_,,,,, Rtt�rney for Maxk Rutz3.ck � � JED:pr i �'�r�J1^��I.��. I 224-4�45 JOHN E. DAUBNEY ATTORNEY AT LAW '�� 304 DEGREE OF HONOR BUILDING /Z J '� ST. PAUL, MINNESOTA 55909 7 II I � December 15, 1981 ''� City Council I I City of St. Paul i City Hall ' St. Paul, Mn. 55102 I�; Dear Mesdames and Gentlemen: II�'i The following is a resume of the history of the game room license to Mark Rutzick� at 2163 Ford Parkway, dba Roc•A•Fellas. Mr. Rutzick became interested in this property in the Summer of 1981 and entered I into a lease for 3 years at a monthly rental of $1,000.00 a month, conditioned j upoa obtaining the necessary licenses to operate a game room. Application was made for gaane raom license on duly 24, 1981; this was followed by a 45 day wait- ' ing period and the matter came on before the City Covncil on September 8, 1981. � It Was approved by Council vote of 6 to 1. See attached Exhibfts �. Mr. Rutzick �was advised as to certain improvements that would have to be made in I�i the building before he could open for busiaess, and $22,000.00 Was expended on j reuiodeling, and $180,000.00 invested in game machines, as well as $1,500.00 in j a burglar alarm system. On October 21, 1981 $3,640.00 �ere paid for machine ' licenses and $200.00 for a game roor� permit, Exhibit B. ' Following Council approval Mr. Rutzick opened for business. On October 5 1981 ! • . some 28 days after Council approval, Mr. Rutzick was advised, for the first time, that a special use permit was required for this operation; he continued to operate and filed a special use permit application on October 15, 1981. At the i request of the City License Department he closed his operation oa November 2, 1981 and has remained closed to pending date. Based on an erroneous interpretation of the 100 foot setback requirement the � i� Zoning Board on Noveo�ber 5, 1981, on a 4 to 3 vote, denied the special use permit i application. A similar vote from the Planning Commission was had on November 6, , 1981 vn a 12 to 6 vote. On November 6, 1981 Mr. Rutzick filed an appeal to the ; Zoning Board based upon an interpretation of the ordinance, which had previously � been followed by the License Inspector's Office and the City Council, that the I 100 foot measureaaent should be made from the entryway of the place of b�siness to ' be licensed to the closest residential property line. Rntzick's interpretation �' was approved by the Board of Zoning Appeals and the special use permit was approved on a 5 to 2 vote on November 24, 1981, Exhibit "C" and "D". I i I , -z- �� . , See photocopy of attached Minutes of City Council Liceuse Comsittee meeting of December 8, 19?i, marked Exhibit "E". On Nevember 25, 1981 Rutzick was advised that the license reaeWal would be set on for hearing on Dec�aber 15, 1981, and that cards had beea sent b�► the appropriate City offices to adjacent residents. See attacfied Exhibit "F". An appeal was filed on behalf of aome nearby residents from the action of the Board of Zoaing Appeals to the City Council, which is presently set on for d�termination before you in Jan�ary of 19$2. Mr. Rutzick has an excellent track record from a similar operatioA oA Latpenteur Avenue near Snelling fn the City of Falcon Heights. He asks that the Council renew the license at this ti�e, as there is ue reason why it should aot do so. With�.�the approval of the speciai use permit bq the Board of Zoning Appeals he ca� cantinue his busiaess until the matter is ffnaliq determined by the City Council in January. i�ith the very substaAtial investment in machines, game license fees, amd leasehold obligations it would be higl�ly unequitable to deny Mr. Rutzick's license application aC this time. As pointed ont in the resol�ttion of the Board of Zoni�g appeals, Paragraph No. 2: "Denial of the modification Would resnit in exceptional hardship to the owner." It is raspectfully svbmitted that �ir. Rutzick is being made a political football fn something that should be treated as a routine matter for Cout�cil determination, as are other license renewals of all types throughout the City of St. Pau2. Respectfully submitted, � JOHN 8. DAUBNEY Atto ney for Mark Rutzick , :MDM 57912.� ° r� �� September 8th, 1981. yr , �� ' �C. No. 277385. . �� Resolutioa granting Game Room License to Sam Nilva at 21 W. Seventh Street doi�tg ` , busiaess as the Orpheum. ' � h ' At. the question of Councilman Maddox, Mr. Carchedi explained that a ticket to �he �:� ��' " `�;theater muet be purchased in order to enter the game room. I . : Councilman Levine moved approval of the resolution. �, , _ � No one appeared in opposition. ,f Adopted. Yeas - 7 Nays - 0 i, r !'�:fC.F.. No, 277386. ` `:8esolution granting Game Room License to Mahan Enterprises, Inc. at 180 BremerlBldg. . No one appeared in opposition. ' Couacilman Wilson moved approval of the resolution. �" �Adopted. ' Yeas - 6 Nays - 1 (Maddox) ;'C.F. No. 277387. ' Resolution granting Game Room License to Hanline University at 1536 Hewitt Aven e. At the question of Councilman Maddox; Mr. Carchedi said a letter has been recei�ed frvm District 11 in support of the proposal. � � � No one appeared in opposition. , Councilman McMahon moved approval of the resolution. � Adopted. Yeas - 6 Nays - i (Maddox) ' �;C.,F. No: '277388. �, �°i' Resolution granting Game Room License to Mark Rutzick at 2163 Ford Parlcway doin� ,,. l. °�. - business as Roc-A-Fellas. . ; t+�� At the question of Councilman Maddox, Mr. Carchedi said the District Council wa� Tx.� notif ied but no response has been received. , �'l: Councilman McMahon moved approval of the resolution. �� Councilman Levine said he viewed another location operated by this same individ�a r � ` which is very well run and Councilman Tedesco said it all depends on who runs tt�e ur ui operation. , . • • , � ' " �� Councilman McMahon referred to the large investmen,t for this type of operation. I / �<�= No one appeared in opposition. �; ,� ,� , •,;,,, .;• ,• / � Roll call on the motion. . "�� 0. . Adopted. Yeas -6 Nays - 1 (Maddox) C.F. No. 277389. � Resolution granting application of Minnehaha Bowling Center, Inc. to increase thl� , area for the service of beer outdoors in their parking lot on September 12, 198�• in connection with their annual corn feed. Councilman Wilson moved appr wal of the resolution. - Adopted. Yeas - 7 , Nays - 0 Petition of Thomas W. Norton for the vacation of the south 10 feet of Myrtle St. between Raymond Ave. and LaSalle Street. (Laid over from August 25th, 1981 - � Recommended f or denial by the Public Works Committee) No one appeared. Councilman Tedesco moved that the Council concur in the reco�endation of the ' Public Works Committee and deny the petition. Adopted. Yeas - 7 Nays - 0 C.F. No. 277390. Resolution ratifying assessment for Summary Abatements for the months of April a�d May, 1981 as they apply to the assessment at 1039 Carroll Avenue. ' - No one appeared. � , , ;,Councilman Wilson said �e has reviewed the file and has no basis to oppose the ' recoffinendation of staff. • � ` ' Roll call on the resolution. Adopted. Yeas - 7 Nays - 0 �, `,. C.�� No. 277391. FIRST READING. An ordinance amending Chapter 175.05, Subdivision 5 and 9, clarifying the extent of the subsidies to be given to private residential property and further clarifyi�g ' . the scope of the diseased tree program. (Recommended for approval by the Fiaance�, ' Committee) ' � At the queation of Councilwoman Hunt, Councilman McMahon explained that the ordin�tnce clarifies the language but there is no change in the policy. I The ordinance was laid over to Sentember 15th for Second Reading. ' I � EXHIBIT ��A�� ;` i . ��,,�, �7�� g'��,� _._._..�: _-_ ..- ROC-A-FELAS, INC. __ _--252�_— ,,} -^ 388 WACOUTA STREET ' BT. PAIIL, MN 55101 .♦ _r:: , „ � ) jO�) x22 91 .�; �� / � i P � � � TO THE�� , l '/ ` � 012DF.R0 1 � �� - -- l�'L! —�//C' - llll✓ �y� u� �.. _ - _ ---— - — -_ -------� � [ �� us�J-�--��___�f u��'E� �-��}- -�?11�5. p�,�- —_v�L�.��S . Flrat Bank Gr�and _ s:.,.;- - ,:f - ��.;?�� Mr�W�r Mt B�nk 8y�m Flot anrW Awnw Stw Bu�k of Sslnt Peul , 1071 Onnd Ava St PaW.1AN 66106 �()Ii .. .. . ...... .. o �:0960009 � ?�: 29��099 L 2ii' ��'0000 36400a��' --- - ..--��..e��__T =,-,�._----:�¢ _�.�.,.�,;.,__,;�a-y_ - , - - ,� � ._9�a �- --- - =...�°�r..�-� . _ _ Rr — - -- - - , j�..� --- ---- __- -- _ ---- --- -- ,� '�r;l�,; �:. �,l�. � � n � � b c� � _ m cn -o �S. �� r IR\i ��•\: y��%4 ,��'�'� :��^l`:`i �_ \� �... �. �� V i "�-�T �� i�.� .�.J'G:�:'l �J r f`�:"1_�i- - .` _ ;.: .\' , . '�� ..� (' . . � m 1 � . 'T t: . s r s . __ :� _ , . � _'ti'� �� .- .... �� .. .._ _...t " z � �:1 . � ..._� . . . �j 'T" 1 ��.i (n.:.n - • � � �.'.. � iV t� �... �T y :� �,-: �- -m�-I �t� t �; '� � U rn ' � E"" .. ' . � : � � ' EXHIBIT "'B" � _ ____--- _----__ t � PAYOR'S COPY — CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES INDICATE APPLICATION FOR LICENSE �APP�• NO. R � �� f'�iCA$M CHECK NEW � RENEW,Q� ��7 -- � I —' � / ��►rse na. /— iv TI7LEOF CENSES DATE - �� i '� �� FROM / �' � /�� 9�/ '` V � T� 19 100 � A Pl NT . i 1� • �� USINESSNAME ;+ � �� BUSINESSADDRESS / p �SUM OF �� RESIDENCE p� / /y.� TEL.NO. ,. ��J TOTAL 100 . .. IOp NSE INSPECiOR .� �^ / �� BV � SIGNAIURE OF A PLIGqNT THIS IS A RECEIPT FOR THE DEPOSIT ON YOUR APPLICATION NOTICE TO APPLICANT ' THIS IS NOT A LICENSE TO OPERATE. Your application for license will either be granted or rejected subject to the provisions of the zoning ordinance and the comp- letion of the inspection by the License Inspector. Communicate with License Inspector with reference to the completion of the required inspection. Your coop- eration in this motter will be oppreciated. If your application is rejected, present this receipt to the License Inspector's Office for refund. � � u HOIDEN BUSINESS F�,�MS-MINNEAVOl15,MN SSa01 • SB�OB _`°�`"""""� PAYOR'S COPY � �J`��''�� ' ' '" CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND � MANAGEMENT SERVICES 1PPL. NO. Q 2151� INDICATE * �ASH CHECK APPLICATION FOR LICENSE ' ' NEW RENEW � _ �"o� � ,s LICENSE NO. � DqTE� I� TITLE OF LIC ES '� � . 100 FRO /i / �/� ,�. � iL 100 '. .. A P ICA `— � �00 I 00 BU N 35 AME� � o y f 00 BUSINESS ADD'Sa�� TE . N . tECEI D T fUM OF � E IDE E TE� I TOTAL 100 100 .ICENEE IN3PE OR � By �� TURE OF APP ICANT THIS IS A RECEIPT FOR THE DEPOSIT ON YOUR APPLICATION . NOTICE TO APPLICANT ' THIS IS NOT A LICENSE TO OPERATE. Your application for license will either be granted or rejected subject to the provisions of the zoning ordinance and the completion of the inspection by the License Inspector. Communicate with License Inspector with reference to the completion of the required in- � spection. Your cooperation in this matter will be appreciated. If your application is rejected, present this receipt to the License Inspector's Office for refund. �1� oeiaiNw� / 1� i r � // —�� l • IV.11 r��, s� city of saint paul board of zoning appeals resolution zoning file number 9064 � date December 8, 1981 WHEREAS, MARK RUTZICK has applied for an Administrative Review under the provisions of Sections 60.534(3) , 64.206(1 ) , and 64.300, Subdivision 4 of the Saint Paul Legislative Code, of the decision of the Planning Commission to deny a special condition use permit to operate a game room with � modification of the 100 foot distance requirement between game rooms and residentially zoned property for property located at 2163 Ford Parkway in a B-2 zoning district; and WHEREAS, the Saint Paul Board of Zoninq Appeals conducted a public hearinq on November 24, 1981 , pursuant to said appeal in accordance with the requirements of Section 64.204 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes attached hereto, made the following findings of fact: ' 1 . The Planning Commission made an error in their decision to deny a modification of the distance requirement between aame rooms and residentially zoned property; 2. Denial of the modification would result, in exceptional hardship to the owner; 3. Modification of the distance requirement would not impair the intent and purpose of the distance requirement; 4. Based on letters received in support of the game room, modification of the distance requirement is consistent with the health , morals, and qeneral welfare of the community and with reasonable enjoyment of adjacent property; 5. The Planning Commission was correct in their interpretation of Section 60.534(3) of the Zoning Code pertaining to the measurement of the 100 foot distance requirement between indoor commercial recreation , and residentially zoned property: The distance should be measured from the closest point of the commercial buildina to the closest residential property line. - moved by Mr� Kirk Decisions of the Board of Zonin� Appeals are final subject to ap�eal seconded by Mr. Peterson _ to the City Council within 30 d�ys in favor 6 by anyone affected by the decishon. against � � EXHIBIT "C" ' i r � % � �.1?�� city of saint paul board of zoning appeals resolution zoning file number 9064 � date �ecember 8, 1981 NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of Section 60.534(3) be hereby modified in accordance with Section 64.300 Subdivision 4 to permit a game room at 2163 Ford Parkway, which is within 100' of residentially zoned property, in accordance with the application for appeal attached hereto. moved by Mr. Kirk Decisions of the Board of Zoning se conded b Appeals are final subject to appeal y Mr. Peterson _ to the City Council within 30 days� in favor 6 by anyone affected by the decisiorn. against o _ � � �;'1'��"��. CITY OF ST. PAUL, MINNE�TA � $PF7CIAL CONDITION USE PERMIT � Applicant MARK RUTZICK Zoning File # 9064 '� Purpose Operate qame room. , i Location 2163 Ford Parkwav (North side between Cretin and Finn) �— Legal Description Lot 19 Block 8 St. Catherine Park Action by Current Planning and Zoning Committee on Nov. 5 19 81 to Denied (4-3) �__._. _ Action by Planning Commission on No�, 6 19 g� to Denied (12-6) ' i Conditions of this Permit: ^�o conditions. - � Anneal aranted bv the Board �f Zonina Anoeals on November 24, 1981 , on a roll call � v�te of 5 to 2. � Board of Zoning Appeals, iChairm Approved by G1 advs Morton / DMD �/1'1� Plstxring-C-ommission,-Chai�man Anyone affected by this decision may appeal within 30 days to the Board of Zoning Appeals. VIOLATION OF THE CONDITION3 MAY RESULT IN xEVOCATION OF SPECIAL CONDITION U$E PERMIT. Copies to: Applicant City Planning Division Zoning Administrator License Inspector District Council �� Feb. 8� ' EXHIBIT "D" I � � I � , .�1.. a� � ��1 � � � < Victor J. T sco, Chairman .: MII�'UTES OF LICENSE CO�IMITTEE t�ETING - DECEMBER 8, 1976 ORDER: 9:14 A.M. PRESIDING: Victor J. ,Tedesco, Chairman MEI�ERS PRESENT: Robert Sylvester and David Hozza / OTHERS PRESENT: Joseph Carchedi, License Inspector; Philip Byrne, Deputy Ci�y Attorney, and others whose names appear on attendance roster on file with mi�utes. 5ylvester moved approval of minutes of November 24 License Committee Meeting ' and November 18 public hearing. MOTION PASSED 3-0. 1. Bingo Application - Nels Wold Chapter No. 5, Military Order of the Purpl$ Heart, U.S.A. , Inc. , 1060 University Avenue, 49 periods. (Carl A. Falkowski� Adjutant, and Elmer Hegland, Manager, notified to attend.) , , Carchedi said the Nels Wold Chapter No. S, Military Order of the Purple Heartt makes application for permission to conduct bingo games for 49 periods beginrling .� December 14, 1976. He said the games will be played at the hall at 1060 Uni�tersity Avenue on Tuesday afternoons between the hours of 1:30 and 5:30 p.m. They h�ve e""�'•+� conducted such games since May, 1975. The application is made by Carl A. Fa]�kowski; �•'� Adjutant, and Elmer Hegland will be the manager of the games. Carchedi said the papers had been reviewed and he was reco�nending approval. ' Sylvester moved approval. MOTION PASSED 3-0. 2. Public hearing on the Taxicab Licenses issued to Royal Service, Inc. doiT�g business as Radio Cab Company, and Cab-Line, Inc. , doing business as Yellow Qab Company. (Recommended for suspension by the Division of License and ,Permit A�dminis- tration. This matter was first considered on November 10 and again on Novem�jer 24, Carchedi said it would appear that the cab companies have complied: Byrne st�ated that he had been contacted by the agent who represents the taxi companies andl also checked with the people who had written the policies. As far`as he knew, the� cab companies had co�formed to the ordinance requirements and their insurance islin forc The insurance company is going to send Byrne copies of the policies and he wijll check them. He is still going to pursue whether or not the companies were prleviousl covered. He said since it apprzrs at this time they have adequate insurancei�he thought it would be appropriate to lay this watter over indefinitely. If th� polic� do no[ exist or there are any problems, he will again bring it before the clommittf Hozza moved to lay the matter over indefinitely. Sylvester cou�ented that we� have to realize that the actions taken have increased the costs to the cab companiles and from financial statements he has seen the cab companies are not going to be a�ble to � '"`? stay in business without an increase in the fares. He would like to see some' type �'� of s[ate legislation passed to allow the cab companies to go back to their old practice of administering their own insurance. We should continue to work on the problem. Hozza's motion [o lay over indefinitely PASSED 3-0. EXHIBIT "E" '� � . 'i ~ Minu[es of December 8, 1976 License Coauaittee Meeting 5 Carchedi said these will be coming up on a weekly basis. Wimpy's on Hudson Roa� ` „, had withdrawn their application. Erickson said he was using this measurement tp „� t; be consistent. He said group homes, however, have a lot line to lat line measu�e- ment. In checking on other applicants, Erickson said the only establishment th�t complied w3th the 1��-foot rule, other than the downtown area and Midway indust�ial area, was a place on =White Bear Avenue where the commercial zoning designation ''' � ex[ended to around the corner. � , � Hozza asked about measuring for a liquor establishment. Erickson said from fro�lt fl door to front door. Unless spelled out in an ordinance, however, measurements �re made property line to property line. Aozza then inquired about the rule being , � applied to all indoor recreation establishments such as bowling alleys, etc. an� Erickson said this was the measurement for all such establishments. Eriekson ag�ain stated that an application in a B-2 or B-3 zoning would require a special use pejrmic from the Pla�ing Commission. Erickson said the problem is with Iots of 125 to i150 feet in depth. The distance would be measured from the rear lot line to just ac�os: the alley. He said if the Council's intent is not to allow this type of operatipn then the old standard of property line to property line is appropriate. Howeverp Erickson said he can find justification for entry to property line measurement. In a shopping center the property line would be the street line and this type of situation would present many problems. Erickson said the zoning ordinance is cl�ar as to measuring the point of residential property--it is the property line. It is not clear where to measure on this type of operation. �.;.� t�;za said it was his feeling that the only feasible way to measure is the neare t a�try. _ Ye said they must be reasonable in dealing with not only the game rooms � � b� everything else. If lot line to lot line standard was applied, there would ' a�r bs �a indoor recreation establishment in St. Paul. Aozza said he was refer�rin noE specifically to game rooms but other activities such as handball and racquet tial2 ¢o�rts, etc. Erickson said that was why his recommendations said entryway t• �ot line. Hozza said licenses for game rooms couldn't be decided until actioni �as Eaken on Erickson's measurement suggestion. ��za th�n moved to approve Erickson's recommendation that measvremQnt 'be aade 10� �e� troa an entry to the property line of a resideace. Erickson commented that �ast �stablishaents have two doors and any place tiaving 750 square feet of space ��' twre �requires two doors. Erickson clarified that entry door did not apply to a'loadinY door that is kept locked but only to an entry used by people to �ain e�trancR ;o- an establishment. The distance would also be measured as "the crow ��toa" or in s straight line. MOTION PASSED 3-0 Tedesco then asked for testimony fYOm opponents of the game room license at 1672 Grand Avenue. Peter Willwerscheid said he is awsre of the problems of the Avenue in the vicinity; of the game room. He presented a stack of letters from residents and businesses that was sent to Mrs. Hunt in which they all expressed disapproval of the game rooda. He then asked if this matter was being tabled as he was confused by the vote just ' taken. Byrne explained that if there are no objections to the establishment being licensed then it must go to the Planning Co�nission for their review and approval. That should be done prior to the issuance of a license. � : I � � i _4�;��T*"��;;,, CITY OF SAINT PAU�. DEPARTMENT OF FINANCE AND MANAGEMENT SERVICE$ J� ~� '�� '�� _ '- DIVISION OF LICENSE AND PERMIT ADMINISTRATIOfyI ,;� �._ ' • � _ �� Room 203, City Hal�l ��"��m��•�....o`..��' GEORGE LATIMER Saint Paul,Minnesota 5510� MAYOR December 2, 1981 CERTIFIID -E =;i!:iU�: E-�CEI?T P:�V�'SmED r`s. Mark Rutzick I 178? Portland Avenue St. Paul� ISinnesota 5510Lt ' Dear Sir: This is to inform you that on December 15� 1981� the St. Paul �ity Council will consider your application for I a Game t�oom License at 2163 Ford Parkway. This meeting will be held in the Council Cr,ambers, , third floor City ��all and Court �:ouse at 10:00 A.?4. on that date. Your appearance at th3.s meetin� is expected. If for , any reason you are unable to attend, please notify this office immediately. Our number is 298-5n56. ' Very truly yours� � �-� �-�i � �� -�'�aE.� �li.'le��,�-�r f' Joseph F. Carchedi . License Inspector cc: Andrea r. Albrecht Community Organizer-Dist. 15 EXHIBIT "F" ; �.55 e2a-a�as • JOHN E. DAUBNEY ��1 jr �� jI / Ci ATTORNEY AT LAW ', � 304 DEGREE OF HONOR BUILDING � ST. PAUL, MINNESOTA 55101 December 15, 1981 City Council Cf ty of St. Paul City Hall , St. Paul, Mn. 55102 Dear Mesdames and Gentlemen: The following is a resume of the history of the game room license to Mark Rutzick at 2163 Ford Parkway, dba Roc•A-Fellas. ' Nr. Rutzick became interested in this property in the Summer of 1981 and entered into a lease for 3 years at a monthly rental of $1,000.00 a month, conditioned , upon obtaining the necessary licenses to operate a game room. Application Was made for geme rc,om license on July 24, 1981; this was followed by a 45 day wait- ing period and the matter came on before the City Council on September 8, 1981. It �as approved by Council vote of 6 to 1. See attached Exhibits ?,. Mr. Rutzick �was advised as to certain improvements that would have to be made in '! the building before he could open for business, and $22,000.00 �as expended on remodeling, and $180,000.00 invested in game machines, as well as $1,500.00 in a burglar alarm system. On October 21, 1981 $3,640.00 vere paid for machine licenses and $200.00 for a game room permit, Exhibit B. Following Council approval Mr. Rutzick opened for business. On October 5, 1981, some 28 days after Council approval, Mr. Rutzick was advised, for the first time, that a special use permit was required for this operation; he continued to operate and filed a special use permit application on October 15, 1981. At the request of the City License Department he closed his operation on November 2, 1981 and has remained closed to pending date. � Based on an erroneous interpretatioa of the 100 foot setback requirement the Zoning Board on November 5, 1981, on a 4 to 3 vote, denied the special use permit application. A similar vote from the Planning Commission was had on November 6, 1981 on a 12 to 6 vote. On November 6, 1981 Mr. Rutzick filed an appeal to the Zoning Board based upon an interpretation of the ordinance, which had previously been followed by the License Inspector's Office and the City Council, that the 100 foot measurement should be made from the entryway of the place of business to be licensed to the closest residentiel property line. Rutzick's interpretation was approved by the Board of 2oning Appeals and the special use permit was approved , on a S to 2 vote on November 24, 1981, Exhibit "C" and "D". a _2_ . See photocopy of attached Minutes of City Council License Coa�rnittee meeting of �� December 8, 197b, marked Exhibit "E". ,' On November 25, 1981 Rutzick was advised that the license renewal would be set on for hearing on December 15, 1981, and that cards had been sent by the appropriate �ity offices to adjacent residents. See attached Exhibit "F". I An appeal was filed on behalf of some nearby residents from the action of the Board of Zoning Appeals to the City Council, which is presently set on for ' determination before you in January of 1982. Mr. Rutzick has an excellent track record from a similar operation on Larpenteur Avenue near Snelling in the City of Falcon Heights. He asks that the Council I renew the license at this time, as tlhere is no reason why it should noL do so. With��the approval of the special use permit by the Board of Goning Appeals he can continue his business until the matter is finaliy determined by the City Council in January. With the very substantial investment in machines, game license fees, and leasehold obligations it would be highly unequitable to deny Mr. Rutzick's license application at this time. As pointed out in the resolution of the Board of Zoning appeals, Paragraph No. 2: , "Denial of the modification would result in exceptional hardship to the owner." It is respectfully submitted that Mr. Rutzick is being made a political football in something that should be treated as a routine matter for Council determination, as are other license renewals of all types throughout tne City of St. Paul. ' Respectfully submitted, �� , ��/ � ' �J'�`�'� '"��_�� /,. L,.� � ., JOHN E. DAUBNEY / Atto ney for Mark Rutzick � D:MDM / � � r� /�[ / V�� PIINUTES OF THE ZONING COP�MITTEE � IP� CITY COUNCIL CHAMBERS, ST. PAUL, MINPJESOTA, OP� NOVEMBER 5, 1981 ' , PRESENT: ��me. Summers ; Messrs. Armstead, Br,yan, Hanqgi , Lanearan, levy, � and Pangal of. the Zoning Committee; Mr. Segal , Assistant Cit,y �� ' Attorney; Ms. Lane of the Division of Housing and Building Code � Enforcement; Ms . Beseman and Ms . Daykin of the Planning Division Staff. ; ABSEPJT: P•1me. Karns. � The meeting was chaired by James Bryan, Chairman. MARK RUTZICK (#9033) : Special condition use permit with modification to operate a game room at 2163 Ford Parkway. The applicant was represented. There was opposition present at the hearing. ' � Ms. Daykin showed slides of the site and reviewed the staff report with a __ recommendation for denial of the modification and denial of the s�ecial I . condition use permit. Six letters were received in opposition� including a letter from the Southwest Area �istrict Council . Mr. Segal referred to the minutes of the December 8, 1976, ; License Committee meeting. At that time the Committee was considerina an ' application for a game room license which was located within lOQ' of � , residential property. The question came up as to what point the 100' distance 'I is measured and the Zoning Administrator recommended that the distance be measured from the main entry of the c�ame room to the property line of the � adjacent residential property. P1r. Segal stated that the minutes show that there was some discussion and a motion was made to adopt and approve the recommen- I dation made by the Zoning Administrator. Mr. Segal clarified that the '� Zoning Ordinance is not specific as to what point you measure from the game ' room; it is specific when it talks about at what point you measure the i residential property. ' � Joe Carchedi , License Inspector, testified that in 1976 they agreed with the �� Zonina Administrator that the measurement be made from the entry or exit door ' closest to the property line. The building in question has 2 entries that , are both in front of the building on the Ford Parkway side. They measured from 2163, 2066, and 2077 Pinehurst, the elosest residential� properties to ! the building, and the closest was 15�' as the crow flies. , Ms. Daykin stated that the 45' measurement staff reported was from the back of the building to the closest residential lot on Pinehurst. Steven Rutzick, representing the applicant, testified that measuring from both of their doors on Ford Parkway they are 154' from the closest residential ': � property line. He stated that they have invested over .�',200,000 in the game ! room and asked that they be given a chance to operate the qame room in a � �' professional way under a conditional use permit. He apologized for openin� i the game room on a license that was not valid and for beina open before leaal r'' hours. . � , �._ P�r. Lanegran asked Steven Rutzick how long it was from the time Mr. Amey of I, the buildinq department informed them that the,y did not have the proper license to be open until the time they closed? Mr. Rutzick stated that he did not know., i �-� �� . .MARK RUTZICK (#9033) Paae 2 I � I Abe Gotesman, 2133 Hartford, spoke in support stating that he could see no i , harm in allowing the game room to be located there. � Jamie Cohen, Cohen & Lincoln Properties, P�anaging agent of the Ford Parkway � � Shopping Center, reported that based on the applicant's past performance ;' which they monitored very closelv they decided to put the game room in. ; He stated that they have confidence in the ac�plicant's ability to ', control the game room and run it properly. Tom Edelstein, 79 N. Western, testified in support and felt the game room would be operated in a professional way. Bill Schmidt, 1685 E. Hoyt, stated that he has been employed by Mark Rutzick !, for approximately 4 years at their Falcon Heights location and is very impressed with the way the business is operated. He felt the applicant � should be given a chance in St. Paul to show what can be done. I Bill Bruce, 12338 Radisson Road, Blaine, commented that he is an avid video � _ game player and in talking with people that go to Roc-a-Fellas , the kids , - feel like they have a place to go and get off the streets. ; Fred Sede, small operator of video games , stated that the games are really � getting sophisticated, the kids love them, and �t. Paul is really missinq ou�t. , Ron Maddox, 1943 Princeton Avenue, testified that there has been a lot of controversy over the game rooms. The City has Tost lives in games rooms , they have testimony from the Police Department on drugs and fencinq operations. ' Game rooms become a consistent clustering place for young adults and in some j places that is needed but not in the area of elementary education. The site ', in question is a residential area and that has to be considered. He stated that he has a severe problem with kids under 16 years of age walking into � game rooms with a pocket full of quarters. He did not feel that the type '� of guidance they are giving the kids in playing pin ball, pool or video I machines is the type of guidance that parents , educators , and politicans ', want to be given just in its entirety Clyde Illg, 1420 S. Mississippi River Blvd. , President of the Southwest Area ', District Council , stated that insofar as the merits of the application are ' concerned, it would seem that the degree of responsibility and professionalism of the operation has already been demonstrated by the manner in which they started up. He also stated that he did not feel that qames in other , � establishments were relevant. , Bill Bierman, 2159 Pinehurst, spoke in opposition statin4 that if P4r. Rutzick's � operation is so professional , he shou1d have checked into it a little more ' closely before investing $200,000 or before openinq before he had all the I proper permits. ' I John Drew, 2150 Highland Parkway, opposed the special condition use because ' of the surrounding residential area. ' Lydia Haugen, 2142 Pinehurst, testified that she received a copy of the letter ! sent by Dick Amey to Mark Rutzick dated October 5, 1981 . Specific mention , was made that the permit which they used to construct their back exit did not constitute permission to operate a game room and that Mr. P,utzick was not free , to operate until the special condition use permit was issued. She also stated � . �� ,��11 • --MARK RUTZICK (#9033) Page 3 �I that staff inentioned that on October 6 at 11 :00 a.m, the aame room was ' open. She was in the game room on Tuesday, October 27 from 10:00 to 12:00 t and there were 4 school age patrons in there and there was no supervision. Also on Friday, October 30 at 1 :30 p.m. John Smooth at 2157 Pinehurst was � in the game room and it was open then. She stated that in the zoning file �� there is a statement signed by Mark Rutzick acknowledging that he has read � and understood the legislative code governing permitted legal hours of operation. She added that it does seem to be the responsibility of the businessman to research any business venture he is going to undertake especially when $200,000 is at stake. I John Haugen, 2142 Pinehurst, spoke in opposition statinq that they have ', already experienced problems in the parking lot with kids gathering in vans I . or cars and drinking and littering the parkinq lot, alle,y, and yards . He ! did not feel that their neighborhood should have to supervise other people's children because they are attracted to the aames. ', Kathy Bierman, 2159 Pinehurst, testified in opposition expressing concern i - with what will happen to the neighborhood. ' � Donald Cavanaugh, 2134 Pinehurst, St. Paul Police Officer, reported that there I� were 186 calls for polic service on Ford Parkway between Finn and Cretin over ! the past 5 months. He stated that game rooms attract dope peddlers , they are � a distribution center for stolen property, they create an atmosphere for , vandalism and disturbances throughout the neighborhood. The owner can control ' what happens inside Roc-a-fellas but they cannot control the robberies , that take place outside, the gambling, drinkina and narcotic violations as they occur in the parKing lots, in the alley, on the sidewalks and streets. Mr. Pangal questioned the inforrr�tion quoted from the Police Department statist�cs . He felt the statistics were very distorted because most commerical areas are finding that ma�y of the calls are not directly attributed to the commercial j area in which they are called. He also commented that 186 calls are not ! excessive. �I � Kirk Rodysill , 2136 Pinehurst, presented a petition with 47 signatures in opposition. He stated that to the best of his knowledqe, all the property ' owners within 350' of the site oppose the special condition use permit. He � lives across from the parking lot and they have had a lot of problems qetting ' the alley cleaned up. He complained about the fighting that goes on in the ', parking lot and the noise until early in the morning. Bob Spangenberg, 2130 Pinehurst, stated is opposition expressing concern with ', regard to. the drinking, fighting, noise, vandalism, and trash in the alley �, and parking lot. Hearing no further testimony, Mr. Bryan closed the public hearing portion of ! the meeting. ' Mr. Hanggi stated that the measurement from the building to the residential lot line has been consistently used by the Committee and that a number of ; decisions have been made using this method. � �� Mr. Lanegran made a motion to deny the special condition use permit with � modification based on findings 4, 5, 6, and 7 of the staff report. ' htr. Hanggi seconded the motion. The motion oassed on a roll call vote of i � , �f�'�� MARK RUTZICK (#9033) Page 4 ;� ' ' 4 to 3 with Mr. Armstead, Mr. Pangal , and ��Ir. Levy voting against the motion. � Submitted by: Approvad by: ' a� �• . � �._... _.i,1.�, ' ,� � ,l � Donna M. Daykin Jdmes Bryan, Cha�irman / , I % � ' j . / ; I � � ; i , , I • ' � I � � ; , j � I' � - �ir br �- . �- 77 �� / � �. �l �, r � �I ,;: (a/1� ��c� � � ��JtY'i � !� I I I would like to �k� ask the Licenses Committee �€� in both their I role as the License Committee a,t1d City Council Members how they �I can ta,�:e an issue as imnortant as this to at least 60 households '� �� surroundin� this �ame room as to �ive those people �h hours notice , � —of a hearing. � f h e1r�/u� Ttie members of this committee will soon discover that ,you can � `J \�� 1 � I � � not sen�.rate out the license for this game room from icb[�CS the ,�,`�� e.ppeal of the nei�hbors. Aoth the �rantin� of the license to � Rock-A-Fella's an d the dilution of the 100 foot measurement will create the same net effect to the neighborhood. � I e�uestion the ability of the same individuals, members of the I License Committee and P4emhers of the CitY Council, to make I two opposin�; decisions on this matter. To gran�rPdr. Rutziek � a I.icense now a,nd deny Mr. Rutzick the modification of the � Zonin� Ordinance on January �+ at the Appeal hearin�; would be ' a contradicition of ,your own standards. '^o �rant Mr. Rutzick �I a License noT,� and also �rant him the P�[odification of the 'oning � Ordinance on January 4 wpuld seem to follow loqic--but also ^ I to destrov the validity of the neighbors appeal. �----. ' History h�,s shown us the reliability of Mr. Rutzick and th standar s � of operation he holds for himself. This histor,y is directl,y II related to his �a�:ie room on Ford Pkw,y. �}�$vg-po��jpcs �� ,. ;, i sa,y how he operates in his other locatia . ��'�$�w ��o� Le�islative code �;overnin�; tlie lee�al operatio n of �ame rooms.�fo �� b4r. Rutzick also was notifieci on October 5, 1981 Yn the form �, of a letter from Dick Ame,y of the Division oP Housing Code and Building ?;nforcement that he needed a Special Condition � I'se Permit to oPerate a game room in the location at 21(�3 Ford I Pkwy. 'low I.will address the violations : � 1) in order to operate a �ame room in a b-2 zoned commercial area the operator needs to have a Speciel Conciition Use Permit � if the ,7ame room is within 100 feet oP the ad,joinin� resiciences. The fact exists that Rock-A-T'ella;� is Within 100 ft of such i� residential propert,y an d was operational without said permit. � 2) �x�cz� Section 406.06 of the Legislative Code for Class III I Licenses clearly states the Hours of operation for �ame rooms. '� Read----- L1(�0 .�(p ! i Gdith that in mind I would like to submit the followin� times as witnesse ',a.,cI�.ounts of the game room bein� open at times � which are i�Vhllation of this eode � a) Frida,y, October 16 at 11:OQ a.m. Donna D�vkin of the � I� Zonin� Department verified that the �ame room was open � b) Tuesday, October 27 I�ydia Haugen,a neighbor, found the �ame room open for business (�,'� hpdr c) Friday, October 30 John Smoot, a nei�hbor, found the �' ��me room open at 1:50 p.m. �Z S��t�h�X'S t' 3) Section kQ6.07 relates to the supervision of the �;ame room b�/ a manager. , Read------ �"'��-�7 I a)"'uesda.y October 27 L,ydia Fiai.�en entered the �ame room at �I noon to find four young boys with no evidence of supervision at fil.11. I i'`.,\ I - �f �.�t �J�� The final issue I woul�i like to raise is that of hardship which � is an unc�erl�rin�; consideration in all the decisions to be made concerning this game room. The Lep;islative code of th� 7,oning Ordinance states � Resd--- (04• 3�3 Sc�.hd. �{ � Therefore, the hardship would fa11 on the property owner and not i i��',r. Rutzick. In the ten years � I have lived and shopped in the I Hi�hland area I have not seen that space wanting for a tenant for ' an,y great len�th of time, i I am certain that their is some relative hardship to Mr. Rutzick I in re-locating his machinery. I�owever, the advantage to him to � be in a location where he is not in conflict with the en�o,yment I of residential propert,y could far outwei�h that hardship. I feel there are several decisions for you to make at this moment-- 'I the first being that you can fairl,y and honestiv decide to �{rant Mr. Rutzick this license knowing f1i11 well that in less than three weeks ,you will be confrontin� the matter of the appeal. The second bein�; if ,you wa,nt to dilute the zonin� ordinance to open up the commercial strips of the City of St. Paul to Game RooMS. � And thirdly if vou want to weal:en the Legislative code on the matter of hardship. � ' i� • � iI � , I� , I I I �I� I I � I I � � - _ � i � I ( � JOn Pec. 10 the Cit,y Clerk notified District 15 that the Cit,y � `.,� Council had. decided to hear the appeal b,y the neighbors and The j License Renewal at an evening ?�teetin� of the Cit,y Council to be I held in the Community. The location for this hearin� was set ' un with the approval of A1 Olson, Ruby Hunt and Len Levine. ! That location being Ho.race '�Iann School �.vmnasium. The proper ' permits were �,rPlied for through the school district. Publicit�r for the License Committee ltearin�* ancl the Appeal of the nei�hbors has alreac�y come out in the local newspaper. The Cit,y Council I then turned around and with �( hoizns notice is hearin�? a matter i of extreme importance to the communit,y. I ��^}�v decision the License Committee arrrives at should be defered �.%until the time when the,y hear the appeal by the neighbors. It ' is totall,y unreasonable for the Cit,y Council to make a decision on ' this matter when the potential to overturn thefr own decision may haPpen within the next three weeks. Now, assumin� that vou will respect the wishes of l�tr. Rutzick a.s � opposed to respectin� the appeal of at least C�Q members of the ;� Cit,y of St. I'aul, I will proceed with the evidence we have �I �athereci th�.t would indicate that '�r. Rutzick should be p,iven neither the license nor the privile�,e of bein� the person for i whoM the Cit,y dilutes the 7onin� Ordinance--the net effect of . which will be to open up a11 Commercial Strips to �ame Rooms � and indo�r recreational facilities with no control from the Zonin� �rdinances. �3 �P�I.y finr�l request if to ask ,you to defer anv decision on th�s ��-� matter until Januar,y 4 at which time you will hear the appeal of the ngi�hbors. Januarv 4 is the onl,y time you have established with fair and timel,y notification to all parties inIIOlved. � I � � � � I I i � i I . . _ t�tghk�.c�V lt `�,�U`v{ ``��1 � � - � , . S4�JTH.IAI�S�'�ARE;�..DI��RiCT � � , ��n�� ►�ule _ � .. �. . .. . � , e . �/ :: Mom, }Dad--- . ' �� _ .. ; . . "��. }.��r� '�... . {' .y�y"'Vf ' �a .. ," ' GAME�tQt3i1��SIQ�1t A�p�iAI.YD , � Ai a neighbo►�ho�¢,p�oak�i8 hstd de Decefnbei 3�residenta . � of the araa neorti��ra�ctio�of��tahu ead Cretin Ava. , , �. � = d�cided to pur�aa y�po�o��Paul�onin,g Ho�r�i o�' ��E�... ;. " . ' APPeals� d �., �,�8� t�d�,*FsUes VfUage Arcade� �specia!co�pe�rnait•'[�r,d'�tuling modified.' -� , � ' inRoc-MFatleicers�tt�a �04!�aot�at�bstw�ea ,.. , ` _ HLAI�iD �:i � ,�... ;��.�� . �s�.�� . �da ,�� 1)►ec�ember =1�9 _ . � �, :� �` ��'.�� , �""' �O�rr'1aP�at�i�t "� �'` ' �tt�te�a�t ti�ue rer Pen�+Uy�`�bY� `�#ty.�e�n;�'s'"I:#csns� • 1 O i�;� � m Committ,ae.Tbe�b�di�nt e�iieduiad for t�wmber ' . , ,: • �. ts,but wa,poa�oa�i w��E�+r�q�ss�eed to ths cor�nit- . ; tee that thehe�ei�b� ,. . t��ch tLne a4 theappeal �Y�e `; t�ittll clty couACil.Ths h�rir►g i��na. for 7:38 p.m. Monday� �e appears at ,anuary 4 In R�6 , ManASChool.�� . . . ..�s�a„O� ��w�� : �. �+�r �+• �... . . . . . .. ILi�AC�E Il�il�i ;. � c:�s �. ��.c � �t�nu� �:' �. �`�?t'� e�ec �►iw �,�- ' ':: 't+e��scs.�ece ni�t ' aliercatio�a„ raps�: � ;�Y9un8er te�nAg- ars—att+d the e�tp�, �;� tp theae prokr Cleveland Avenue ,�ms-,�u�► , r .., ;�.�,,��Y�,��. ' �►a�� a�° ��ae��,� � ��tehar�t e�1ii�14�1 � fucther informa- uth of Ford Parkway) : fi. ��.��:� _: _�;��'��a�$��th- �� `�� ;� ',,� � �,; ��: . r � . . . . �!i 3� �.�� .�,:0 t ,y��': . . ►LL FREE ! �� . �. .. t��owiniheproces,r �� `.This lnvolves de� ��ta�gpl�ns to accom- � � .. � , , < � . �ult�tart�fiaE��ted resi- CH��LATE! ' - -�;�,•' s ��, � ��, ,�Y t commlt- �� '.Y �,X. .. .. . E {for adults� �:� � . �� . �_.�� , .� , ,,� �ia�iug and Fconomie Devel- �'�`'�1��nt. Recteation and Sociel � FR�SH R�JLLS � .` � +tnd Fubilc Safety. ''` �� -1� ' �� n . ' '� A�° ��re4i�tnts who would tike to be active in t�saic�ri�aunit 4a�yoftheaboyeareasareinvltedtocon- � . , ,te�t ihsS1N��ttcil otfice at 890��0888 to either volunteer qXD��i'�'��.�,,. �'' � +�o�en+s oa A t�mmltEee qr to maks recommendations for a �`pso�,��`tlie committ�a ttt deal with. , _ �. �ivn � � ��e��e-�f .. � � .. n_ �'� ��:�, k .: . : '' �✓The bucden of ahov ,� ; Y, , �,,, , �, p��Q,0 f O�LT � ellut�'�rbow is Qnce'more.upan resi- �. ��6� �� , •��dsnRs of Mlnneaota. Seceuse unshoveled sidewelks pose a , . d �en=fel fo�pxp i 1 utjury to�both the elderly and,the , � : l b6 � � � ��°� ��a��s ,:��• ��«t fmm.�a i alks W��hii��za /�ap�� tv► . ... . �t� ��s�� ,. �, � :; � e�� ,•;;. _ � . :g,, ;� �--: �e� � � .; ,.. ' � � , ,;,, ° �. �.�t�4��!!18�+�AP4Uft�r or�wme other hards�iA,You'are " . ► $(� ��,j.['[]]$]�- �'p�,+f; ,=� ' '� n�t�+sliu��ewintermonths,the � , � - � �� 8 Young people to do � for the� kids -._� ,t� � � x y;r �f,� . •� , ,. . . .�;� . ': ..��sW►��` c�ic t !4.3.;�i',�, . ..+ . .`.;. � ,• .:'� ..._ W► . , . •:•, *� ��'�4��'�!$�aol1"t#��1dolph Ave;C�tttaci Siater � � � �=` '''`�'�"I�1��:; �� _;.:. . .,�,� � � � � 6�DY r� ,� , ��, �'� ` ��: �, .��,��C�Y . �Q�� aohland nve. cau' ��,, s �'J'7 f �r,. " - �a,�'n,�� ,=- . r �Y s xti< �. T�� '±C��;Ki�h .S�heo1.,,#$S S. EiBtr�line Ave. Contact _ - _.� �.,r>,��;�q�Sr...M�lu�8e��d et�}eo-a�43. i �,f r�� , � . SO?P1';i?dT';;�� r,R?,A DI,;�^RICT COUI�TCIL �� F� ror:l narl:��a;:' I �t. Pa,tzl, '^�.nnesota �i 5511� � necember `�, 1��1 I II � '?ubv iiunt, Cha.ir?ao^�3.n I! St. ?'aul �it�✓ C,ouncil ;icense �'o?-�,�:�ittee Citv Hall ' St. Paul, '2innesota 551_�� I �ea.r ;?rs. Tlunt, � It has come to m�r atten+,ion that on the ?.f7enda for December 15 ! the License Committee �aill hea.r the renewal a�plication for a. �a,me rooM, Rock-A_Fella's , locate�i at ?_1�3 Ford Parl:wa,y. "'he residents of Pinehurst llven�ie have filed a.n ��.pneal to the Cit,y Council. of ; the decision of tLe Roar<i of ?onin� Anpeals. 'iase� on the fact of � the existance of an Appeal , T woul�� like to su�?aest that vou de°er �' the License Comnittee Iiearin� iintil the time when the Ap�eal tm ' the Cit�t Council has been c�ecicie�l. I mhan}- you for vc->ur attention to this matter. i� �inc .relv, � �I � � I �,omr�t.ulit,y Or��,nizer , nistrict 15 �I � ��: �7oSPph c��rP�i� j !I1 Olson, Cit;✓ rler}; j n � ii � � tn-� I --t n � - ' -a r :,,� c� 4 �- r� �o, p., I l� � � o g � � z�s a,. !, �� . -� _ ; � �� r v��. -�. '�� 1--� ° � � II!� I