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00-379' £�R�GINAL ��x��!� �z-�� RESOLUTION - \ - y CITY OF SAINT,k�AUL. MINNESOTA Presented by Referred To Council File # 00 -3Rq Green Sheet # 100413 1 Committee Date VJHEREAS, the Legislative Hearing Officer recomxnends that license application (ID # 19990007188) for Pool and Billiard Hall, Cigazetfe/Tobacco, Original Container, and MADs (mechanical amusement devices owned and located at same business) licenses by Thu Dinh Trinh, dba Song Thauh Billiard, 995 University Avenue West, be appxoved with the fo�l�owing conditions: 1) Business will close no later than I 1:00 p.m. Sunday to Thursday, 12:00 p.m. on Friday and Saturday; 2) Security will be provided in the p`arking lot to eliminate loitering and unnecessary disturbances to the neighboxhood; �� 3) Sianage will be posted inside and oufside of the business that state that loitering, drinlcing, use of illegal substances, littering, and loud noises areprohibited; 4) No gang colors are allowed; '`�. 5) The licensee will daily pick up litter in front�of the business and in the parking lot. THEREFORE, BE IT RESOLVED that the with the recommended conditions. City of Saint Paul hereby approves these licenses Yeas Nays Absent Blakey Coleman Harris Benanav Reiter Bosuom Lanhy Adoptedby Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: by Depariment ofl By: .� � Form Approved by City By: Approved by Mayorfor By: to Council � 1 00 -3'�9 Citv Council Offices Gerry Strathman, 266-8560 Apri1 26,2000 4-19-2000 TOTAL # OF SIGNATURE PAGES GREEN SHEET o�unaraw¢�oR No �� ,-;,,j � �:.,.-,- ; ancaucti. ❑ air�nowEr ❑ ananuc ❑ni.wew�aeR.enoR ❑wwxo��aaw.�erc ❑MYDR�ItAlNT4R� ❑ (CLIP ALL. LOCATIONS FOR SIGNATURE) Approving application with conditions for Pool and Billiard Ha11, Cigarette(Tobacco, Original Container, and MADs (mechanical amusement devices owned and located at same business) licenses by Txu Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. PLANNING CAMMISSION CIB CAMMRTEE CML SERVICE COMMISSION Fi� ihie pemadfirm emtxarketl uMer a mMra�t forMis dePaMiennYl YES NO F1asMi PpsaM'm e,er 6ean a ciFi�? YES tJ0 DOes Mis �mt P� a sitip nat ndmelNP�aessed M' anY wrteM tlly empbyeeT YES I�W la Mie pewoNkm a taryetetl vnntlaYl YES NO �a ?:m'' ,�r?v>y`�'�t'�'.�'s �'•".i �'�¢7 �E. >.x. AMOUNT OF TRANSAGTION Kodak ds digilalscience° � ) a ' Y 1'L � Z � )!IE) YES NO ROUTING ORDER: � � � � � � � � � �� Belowarecomct�routingsforthesixmosE&equentlypesofdocurt�e�ts: ' � � � � � � � � � � CONTRACTS(as.sumes'ai#hori7edbudgetexists)' COiJNCII.RESOLUITON(ameudbudgets/acoePt8�ants)' „ L Outside`Agency 1. DepaitrnenEDicector, � 2'_Depa�tD"sector � 2. (�ffii�afF'�n�ci�SeSvicesDirectur ' � � ' 3. Citp'AYtomey," " � , � � 3. � �itYAtGomeS' ', r � 4- 1vfaYvr/AssistauY (f�contracts ovee $25,00�) 4: 1�aq�/.4 �� 5_� Hwnan Rights (f� contrac�s over$50,000} ` S� City:;Co�cil �� 6.' Office ofFinancial Se�vices - Accounting ' 6. O�ce ofFm�cial Sei6ices -Accounting _ nvMIIirsTRnT[vE oRDE[zs (Budgetxevision> couilclLRESOtvT[orr.(alt W�xs ana ora;nancesj, ' � 1. Achvityivlanager�or'DepartmeritAccouotani ' 1. Depaz4mentDiiector � � � � � � � 2. DepaitmentD'¢ector � Z�. CityAftomieey "„ � . �, - � � 3, �OfficeofFivauciatServicesDirecto� 3.,2vfaporftC:csicfartt � � � � 4. City Clerlc � � °� � � � � � � 4'. Cily, C 'onncal � � � 5. O$ce ofFinancial Services - Accounting ADMIAI[S'FRATIVE ORDII2S (all others) EXF?CUTLVE ORDAt ,, � � 1. DepattmentIIirectoi�� 1_'DepacfineritDirector� '' „ � 2 CityAtYOCney � � � �� Z. CitgAttomey � � � ; � ��3: -O�ceof�inancisl Se[VicCS'Di[eCtor � 3! �Ivfayor�Aec�eFaat "' � � ; 4. Citx C�erk � �� 4��, �' �� OTAI.'Nt31vIBIIt'OFSIGNATURBPAGES , � � � � . ,, Inilicate the # o£pages on wlricfi sgnatittes are requued and paperdip or flag each„of theae pages. ,, � �ACTIONREQUESTID � � � � � � � � ' � � � � � � Descnbe whetfhe projecHn�uest seekc ta accomplish m either chronotagicat or�eror onder of importa¢oe, safiichever is moat appmpriate for the issoe. Do not write complete sentences: Begin each item inyiaurlisk wi� a uab. ' � RECOMINENDATION3 � � � � � � � , � Complde ift6e issue in question has beenpiesented before anl' �Y> P�lic or private. � PERSONAL SIItVICE CONTRACT3: � � � � � �� ' , �, , � ' � � � � � � , Tlvs infocma#ion will be nsed to deteimine the city's &ability for workecs compensatio� claaos ffises �pmp� civil , . ser¢ice�iraingtules. , II�RI7ATINCzPROBI.4� ISSUE, OPPORTUNLTY ' ' � � Eicplainthesiti�ationor�com3i'fionsthatcreateda6eedforyo��prpJe�orre9Uesk,� � � � � � � � ADVANTAGES IF APPROVED � � � � � � � � � � � � � � ', Tndicate whetfier this is simply an annuai'bud8et Proced�ue �e4uitedbY tawl�hscfer � whethertfiere ace spuific ways in � � . whichthe�Ciry'ofSaintPaal'e�iitscifizens'vnilibenefitfronifliispro�e�Uaction.� � � � � � „ ' � �� 7➢LSADVANTAOESIF�APPROVF�� . � �� ' ` � � � Whatnegativeeffectsormajorchsngestoei�stingorP�PT��ProJ��9��P��lfitisgassed , (e,g':, haffic delaps, noise„te�c inaee.ges a� asses�ents)7 To wfiom? Wlien� For howlon8? ,, � � DIS[HDVAI�AGES IF NOT APPRU�ED � � � � � � What w�71 be the negafive conseqoences �'the pmmised action is noYapg;oved? 7nab�ityto deliver §avice7 Contim�e ,, , hi'gh4�c,noise,eccid�tiate7 Lossofrevenue7, ' � „ � � � – � � FINANCIALlluB�.CT . , ' � � � � �� AlSfioughyoumnsttailaUteinforme�ionyouprovide�heretotheissueY��'�S:mB��Youmus[answer ' � � lwo'que.slions: Hoiv'mucfiis � goingTo cost? � Who is SomB� P� , � �� , � � � � � � � ° � � , � � �� ,� . i „" . ��, �,�°�w. �� I '. � ,�,�,,x ,.:5�, � ,,..:;�;' , ' .� _ ,�_ , — oc� 3�q -� MINi7TES OF THE LEGISLA'I`IVE HEARING SONG THANH BILLIARD - 995 University Avenue West Monday, April 17, 2000 Cerry Strathman, Legisiative Aearing Officer The meeting ivas called to order at 333 p.m. STAFF PRESENT: Christine Rozek, License, Inspections, Environmental Protection (LIEP); Kristina Schweinler, LIEP Gerry Strathman stated this meeting is being held to hear objections to licenses at Song Thanh Billiard at 995 University Avenue West. Kristina Schweinler reported this license appiication is for the following licenses: pool and billiazd hall, two MAD (mechanical amusement device) machines, cigarette{tobacco, and original container. LIEP recommends approval. Mr. Strathman stated there was some indication that this business has been operating for two years. Ms. Schweinler responded this is a new application for new licenses. There have been other licenses at this location. Mr. Strathman asked are any condifions recommended. Ms. Schweinler responded there are none recommended by LIEP. Michael Samuelson, Thomas Dale District 7 Plaiuiing Council, appeared and stated he is representing the neighbors in the vicinity. It was his understanding that this business was previously located in the Crazy Louie's building on University and Victaria, and then relocated to 995 University Avenue West about 18 months ago. Ms. Schweinler responded there was a pool ha11 there previously, and that business had a license. Mr. Samuelson stated he was never informed about a previous pool hall license. Mr. Samuelson stated he reviewed this license with the neighbors and the owner, and Mr. Strathman should have received a petition from about 30 neighbors in the area. Their ob}ections aze as follows: late night disturbances, loud noise upon entering and leauing late at night, loitering on 5herburne Avenue because of the parking lot, public urination, alleged consumption of alcohol and drugs in the parking lot, lack of security in the parking lot. These are not objectiotts Mr. Samuelson has observed, nor can he say they are attributed to Song Thanh Billiard specificaily. He and Johnny Howard of the Thomas Dale Block Clubs met with the owner, stated Mr. Samuelson, and they agreed upon the following list of conditions to be placed on the license: 1) The Sherburne Avenue parking lot entrance should be closed off to discourage patrons from using it. There is a curb cut into the parking lot off of University Avenue. 2) Evening security should be added, particularly on Friday and Saturday nights. 3) Rules of behauior should be posted similar to other pool haiis, such as the weazing of gang colors, no loitering, noise in the ao 3� � SONG Tf3ANH BILLIARD - 945 University Avenue West - 4-17-2000 Page 2 pazking lot, etc. 4) The business should have a staudazd set of hours. From discussions with the application and the neighbors, some nights the business closes at 10:00 and other nights at 2:00 am. Mr. Samue]son would like the business to be open unti111:00 p.m. on weeknights and 1:00 a.m. on weekends. Mr. Stcathman asked has the owner agreed to these conditions. Mr. Samuelson responded yes; however, closing off the Sherburne Avenue e�t was with the understanding the building owner Mr. Vang would agree. Mr. Saxnuelson has a copy of the letter that the owner of the building is objecting to this license. He informed Mr. Vang that the business could be evicted. Is he in objection to the license regardless of the conditians, asked Mr. Strathman. Mr. Samuelson responded that is conect because it is creating a public disturbance and based on the recommendation of the unmediate neighbors who do not want the business open. All of the residents signed the petition including the management of Herges Bar. However, if the licenses aze granted, he would like Co see the conditions added to the license application so that the neighbors would be protected as much as possible. The following appeared: Thu Dinh Trinh, owner; Ken Bottema, 210 Second Street North #50, Minneapolis, representing the owner; and Andrew Le, 12921 18�' Avenue, Burnsville, represenring the owner. Mr. Bottema stated Mr. Trinh is committed to being a good neighbor and running a straightforward business. He is not responsible for problems that have plagued this location in the past. There is an offer from someone else to lease the location at a higher price; therefore, the properiy owner will do anything to get Mr. Trinh out of the building. Given the circumstances and informafion, Mr. Bottema does not feel the license application should be denied. Mr Strathman asked has the current owner been operating the business. Ms. Schweinler responded Mr. Trinh applied in December; he may have been operating it since then. Were the problems present in the last few months, asked Mr. Strathman. According to neighbors he's spoken to, responded Mr. Samuelson, the problems have occurted since the business opened. Mr. Strathman asked aze they willing to agree to all these conditions. Mr. Bottema responded posting rules and gang colors is not a problem. If the building owner would agree to biocking off an entrance, that would be fine. Security may not be something the owner can afford. Ms. Schweinler stated the ordinance allows this business to stay open only until midnight. Also, the Fire Aepartment wouid have to agree to blocking an entrance. What about having the owner or an employee monitor the parking lot, asked Mr. Strathman. Mr. Le responded it is a community parking lot and several businesses use it during the day. Mr. Bottema responded it is not a problem to have someone check the pazking lot on a period'ac basis. c�o=�1� SONG THANH BILLIARD - 995 University Avenue West - 4-17-2000 Page 3 Mr. Strathman stated he has two courses of action: 1) He could find that this license is too disturbing to the neighborhood and, therefore, make a recommendation to send this matter to an administrafive law judge. His recommendation would have to be approved by the City Council. It is an expensive process and the outcome depends on what the judge finds and what the City Council deternunes. 2) He could recommend approval of the license appiication with conditions. It seems this is the more prudent and less costly approach. This may ameliorate the problems of the neighbors. Gerry Strathman recommended approval of the license with the following conditions that were agreed upon by the applicant: 1) Business will close no later than 11:00 p.m. Sunday to Thursday, 12:00 p.m. on Friday and Saturday; 2) Security will be provided in the parking lot to eliminate loitering and unnecessary disturbances to the neighborhood; 3) Signage will be posted inside and outside of the business that state loitering, drinking, use of illegal substances, littering, and loud noises are prohibited; 4) No gang colors aze allowed; 5) The licensee will pick up litter daily in front of the business and in the parking lot. The meeting was adjourned at 3:55 p.m. 0 (Note: some of the conditions recommended by Michael Samuelson could not be applied to the license application because: 1) the fire code prevents one of the exits from being closed, 2) the pazking lot is used by several other businesses.)