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09-911Council File # 09-911 Green Sheet # 3076776 RESOLUTION SAINT PAUL. M by !_1 1 WIIE��gle Street Grille Inc. d/b/a Eagle Street Grill, located at 174 7�' Street West in Saint 2 Paul, has applied for an expansion of the liquor service area which will bring the liquor service area closer 3 to a church; and 5 WHEREAS, § 409.06(n) of the Saint Paul Legislative Code prohibits issuance of a liquor license 6 within 300 feet of a church; and 8 WHEREAS, Eagle Street Grille Inc. cUb/a Eagle Street Grill requests waiver of the provisions of § 9 409.0\69(n) prohibiting issuance of a liquor license within 300 feet of a Church; and lo 11 WHEREAS, a Church is located within 300 feet of 174 7 Street West and that church has signed a 12 waiver of the 300 feet prohibition which is attached to this resolution; and 13 14 WHEREAS, § 409.06 allows waiver of the 300 feet prohibition based on consent of the Church and 15 a vote of at least 5 Council members; and 16 17 WHEREAS, the at least 5 members of the Council vote that the application is in order and there aze I8 no grounds for denial of the licenses, provided that the license condition is followed, and that the failure to 19 grant the waiver would cause exceptional and unusual hardship to the license applicant; now therefore, be za it, 21 22 RESOLVED, that the 300 foot restriction of § 409.06 of the Saint Paul Legislative Code is hereby 23 waived and the liquor service area may be expanded for Eagle Street Grille Inc. d/b/a Eagle Street Grill, 24 located at 174 7 Street West in Saint Paul subject to the following license condition: 25 26 27 28 29 The portion of the building covered under the request for an expansion of the liquor service area shall not be occupied until a Certificate of Occupancy is issued by the City of Saint Paul Building Official. Bostrom Carter Harris Helgen ✓ Requested by Department af � ° S � By: � � Approved by the Office of Financial Serv� � Thune � Approv City Attorney B � � Adopted by Council: Date //�j ��-lJ Approved by Mayor for Submission o Council Adoption Certified by Coun il Secretary gy: By: ' s Approved oi' Date _ By: 09-911 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � DepaRmenVOffice/Council: ! Date Initiated: : i S � _Dept.ofSafety&Inspections � zaA��-09 ; Green Sheet NO: 3076776 � ConWCt Person & Phone: Christine Rozek , 69108 Must Be on Council Agenda by (Date): 19-AUG-09 Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: ConWct Phone: y 0 � 1 Assign y Number 3 For Routing ' 4 Order 5 1 Total # of Signature Pages _(Clip AII Locations for Signature) Approving the expansion of the liquor service azea for Eagle Street Grill, 174 7th Street West. Recommendations: Approve (A) or Reject (R�: Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer lhe Fnllowi�g Questions: i. Has this perso�rm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes Na 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges IfApproved: Disadvantages if Approved: Disadvantages If Not Approvetl: ToWI Amount of Transaction: Funding Source: Financial I nformation: (E�cplain) CosURevenue Budgeted: Activity Number: August 20, 2009 9:45 AM Page 1