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00-738QRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Council File # O O— 7 3� Green Sheet # � O( S,� l3 Date 1 RESOLVED, that the application for a Pool & Billiazd Hall license by Thu Dinh Trinh, 2 d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West, is hereby granted, 3 subject to the conditions set forth below. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated June 27, 2000, aze expressiy ratified and adopted 7 as the written findings and conclusions of the Council in the matter, and the recommendation of 8 the ALJ is hereby adopted. 9 10 FURTHER RESOLVED, that the following conditions shall be placed on the license: 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 2. 3. 4. 5. The business will close no later than 11:00 p.m. from Sunday through Thursday and 12:00 midnight on Friday and Saturday. Security will be provided in the pazking lot to eliminate loitering and unnecessary disturbances to the neighborhood. Signage will be posted inside and outside of the business that states that loitering, drinking, use of illegal substances, littering and excessive noise are prohibited. No patrons shall be admitted while wearing gang colors. Licensee will be responsible for picking up litter in the front of the business and in the pazking lot on a daily basis. 1 �� j` � Resolution is based on the record of the proceedings before the Administrative Law � 7udge; mclu ing the hearing on June 20, 2000, the documents and e�ibits introduced therein, 4 and the deliberations of the Council in open session on July 26, 2000. 00 —� 3 � 6 A copy of this Resolution, as adopted, shall he sent by first class mail to the 7 Administrative Law Judge and to Kenneth Bottema, attomey for the Licensee Requested by Department of: By: Fosm Approved by City Atto ey By: � Approved by Mayor for Submission to Council sv� y � ��— Approved by Mayor By: � Adopted by Council: Date �,._,�_ �(o .�`�(��a Adoption Certified by Council Secre aE ry ao -�3�' City Council Councilmember Jerry B1, AUS7 BE ON COUNCIL AGQJ�4 BY @ATq TOTAL # OF 31GNATURE PAGES ❑ �.�. �.. ❑ ..�.,�,.�.a ❑MYORWRAfYlYR) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on July 26, 2000, granting the application, with conditions, for a Pool and Billiard Hall license by Thu Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Hes tli�s DeBOMrm erer woAced under a antract for tluc department� VES NO Has mia peisaJfirm ew been a dlY emPbYa� YES NO Ooec Mis De�soMim posease a sldll M�wrmal�YD�ssed M anY curteM cily emDbyeel YES NO la tlus persaNfirm a tarpefetl ventlof7 . YES Pb imlein � yas an¢v,e�s On SBP� sh � ee � t J erM aVach fn Dreen chee[ �C"� ' P �� g��o ";�V� w 4 l � _ "'- --:.': �� - p � G Q � Zoco IFAPPROVED Gr,T,'7�I: i �•T��1: F9d�3 i!.7tE a��oo I. GREEN SHEET hl �]_➢�I. 3=_ai•:.3 I� No 106052 OIYCOI�IS � � u �,,,� COET/REVQIUE BUWETED (GRCLE ON� IICTNRY NUI�ER Cia�;L7 INFORMATION (p5Wln CITY OF SAINT PAUL Norm Co(eman, Mayor lllly i�� Z�� Kenneth Bottema Attorney al Law 50 Whitriey Squaze 210 North Second Street OFFICE OF THE CITY ATTORNEY �� 3 � Clnyfan M. Robi�nson, Ja, CiryAttorney � = c;vnDV.uro„ 400 Ciry Hall IS WestKetloggBlvd. Sainf Pn�d. Minnerota 55102 ��--�-�.� � �S � �s� --� '� 1�.�1�-k`�� 3��1 NOTICE OF COiiN Minneapolis, Minnesota 55401 Telephorse: 651 266-87(0 Fauimile: 6Sl 298-5619 RE: Application for Pool and Billiazd Hall, and related licenses by Thu Dinh Trinh d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West Our File Number: G00-0159 Dear Mr. Bottema: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 26, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opporiunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evadence will be received or testimony taken at this hearin�. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP James Wentzell, Acting Exec. Dir., District 7 Planning Council, 2093 Greenbrier St., Saint Paul, MN 55117 Aar-26-00 01:18pm from-NENNEPIN COUNTY PUBLIC DEFENDERS " +6123498179 T-175 P.U2 F-934 PPR-19-2@� IS�23 C'11Y UF `�I YIfiJL L1ti' eit eu� �inw i.ae..x p OFFICEOPL(CENSE.INSPECf10NSAND l..t/ ENVIROPAfEHiy_ PROTECTION Fromicesoa.nleier CiTY OF SAENT PAUL LOWRYPROFESS1GtvA1.8ui(dr,v[; � idcnncoteman.FAayor � �. tacwcor;w»zrss� b+.�vatwmmc55r4�5*o C�:�ZY.9�Z° t a9see to tne fof�owins eonaitions beirl9 P�aced on the followa�g r�cense{s): L�cense �: 19890007188 ... Type of Eusmess: Cigarettelfobacco MADS owned & toca�Ea at same business Orig�Ral Gonttiner PaW & Blliaro Hall APp�� by: THU DINH 7RINH Do�ng 6usiness As: SONG 7HaNH BiLLIARD as: 995UNIVERSITY AvE W ST PAUL MN 55104 Conaiuons.are as totiows: 7, Business w01 Gase no Iater shart 71:00 PM SunUay to Thursday and �2:00 PM on Friday and Satucqay. 2. Securlry wtp be provided in the p2r}cirtg �ot to eluninate Iatering antl unnECess2ry qistutAat�ces to the neighnarhood 3. S�gnage w11 be posted inside ana outside of !he twsiness ifzaf sracey that bitering, qrinking, usa of itteg8l SubSqnCeS, htf�ing an010ud no�s2s are proFiibitetl. 4. No gang eo�ors are allowea. 5. T ticer�see wai Caly pick �p fitte� in front of tne businass anC in the patking lot. - - mie, - � 2 �, — f� Licenaee Dat� TOTp_ P.02 �n e t�ie r�p icat�on o u in � taPR-26-2eea is:01 +51z3ae61�s — Trinh d!b/a Song Thanh Billiard — City s Exh. No. 5 pp-738 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINlSTRATIVE HEARINGS FOR THE SAINT PAUL CI7Y COUNCIL In the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jone� Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant City Attorney, on behaif of the City of St. Paul. Ms. Palmer, 400 City Hall, 15 West KeAogg Blvd. Saint Pau{, Minnesota 55102, appeared on behalf of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh d/b/a Song Thanh Billiard, the Applicant. The record closed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The Sf. Paui City Council will make the finai decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.� Pursuant to Minn. Stat. § 14.61 (1998), the City Council shall not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of fhe City Council's decision mZ si be served on the parties and the Administrative Law Judge by first class mail. Parties should contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for f{ing exceptions or presenting argument. ' St. Paul Legislative Code § 310.05 (c-1). 2 Minn. Stat. § 14.62, subd. I(1998). •i -' STATEMENT OF THE ISSUES The issue presented at this hearing was: Should the City grant a Poo! and Bi{liard Hafi and related ficenses fo the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Billiard, has applied for fhe necessary licenses to operate a pool hall at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiarrl ha!I, to sell cigarettes or tobacco products to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are located at the same address or near the Applicant's business. Also, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and EnvirQnmental Protection (LIEP) reviewed the application and recommended approval 4 4. As a courtesy, LiEP notified the local community council, the District 7 Planning Council, of the application, and gave the Planning Council the opportunity to request a{eyislative hearing. The Planning Council did request a hearing, and one was held. 5. The LIEP summarized the licensing application for tiie legislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Council, dated March 6, 2000, signed by Michael Samuelson, its Executive Director. It expressed the concerns ofi persons a�ho lived in �fose proximfi� to Mr. 7rinh's business. Attached to the lefter was a�etition signed by many neighbors who objected to the issuance of the ficenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particularly at ciosing time. It was also 3 Testimony of Kristine Schweinler. ° Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no direct evidence, it appears that the legislative heazing was held on April 17, 2000. 6 Ex. 3. ' Ex. 2. 2 s• ;� concerned about trash left along front yards, streets and sidewalks, and wifh late night tra�c from an exit onto Sherbume Avenue, a residential sfreet. 8. With the assistance of the legislative hearing officec, the District Council represenfative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. (n particular, Mr. Trinh agreed to the foilowing: • To limit fhe hours that the business operates, cfosing no lafer than 12:00 PM (sic) on Friday and Saturday; . To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; . To post signs in and out of the building stating fhat loitering, drnking, use of illegal subs*ances, lit�eri^g ard loud noisas are prohibited; • To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council. 11. Believing that Mr. Trinh and fhe Planning Council had reached an agreement, LIEP placed approval of the Appiicant's licenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the Cify Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Council Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Council's Physical Planning Committee had met on April 24, 2000, to consider the licenses, ircluding the conditio�s agreed upan by Mr. Trinh, �ut decided to continue its opposition to them because of the ongoing objections of the immediate neighbors to the business.�� 13. The City Council voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing. $ Ex. 5. 9 Id. 10 Testimony of K. Schweinler. '�Ex4. � Ex. 6. 3 00-738 14. Notice of this hearing was sent to 1VIr. Trinh and fo the Planning Council on May 10, 2000. 15. The LVEP continues to support the application and- recommends fhat the licenses be issued, wifh the agreed-upon conditions. 16. Mr. James Wentrell, the Acting Executive Direcfor of fhe Disfrict 7 Pianning Council, expressed the Pianning Council's concems. The Planning Council has continued to receive calls from neighbors objecting to the business, and apposes the issuance ofi the licenses. In particular, the neighbors are concemed about noise, especially at the time the business closes, litfer and traffic speeding in the nearby neighborhood. Mr. Wentzeil acknowledged that ofher businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons wsre not speaking English. Hov✓ev�r, Mr. i�Nenizeli could nct�rovide ar�y �eiaiis about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in effect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Planning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case 15 2. The Applicant received timefy and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule.� The City has provided notice of the hearing to the local community organization. 13 Testimony of K. Schweinler. 14 Tesrimony of K. Schweinler. ls Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310.05. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. C! r• : 3. The City has aufhorify to grant a license and to impose certain conditions on that license." 4. The Applicant has shown by a preponderance of the evidence that he has met the requirements for a license for pool and bilfiard hal(, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pool and billiard hail, with related licenses, be GRANTED. Dated this 27 day of June, 2000. Sever nes H yd' er Admi strative Law dge Reported: Tape-recorded (iwo tapes) MEMORANDUM Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr.. Trinh to address them, or for the Administrative Law Judge to evaluate whether they are suificient to warrant denying the licenses. Based on the evidence presented, the licenses should be issued. BdH " Saint Paul Legislative Code §§ 310.04 and 310.06. r� � � �' � � > �'' y : �;._�''�' �� - '~> .°�� e�..; .. :g; _4. - �Y` '�'_: --' . ��5' . ,:._�� June 27, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Pau(, MN 55102 RE: In the Matter of the Licen Thu Dinh Trinh, d/b/a Soi OAH Docket No. 15-2111 Dear Mr. Owusu: STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARIIVGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2'138 �i ti ��^. c- � •' , � � 1, ' r ,_ �.. _.. J �.EC'� � �� 20� �G� � � Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, BEV� �� NES HEYDIN R C� Administrative Law Judge Telephone:612/341-7606 BJH:cr Enci. cc: Virginia D. Palmer Kenneth M. 8ottema Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 • Fax No. (612) 349-2665 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CIIY COUNCIL in the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beveriy Jones Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Bou(evard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant C+ty Attosney, an behalf of the City of St. Paui. Ms. Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, appeared on behaff of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh dibla Song Thanh 8illiard, the Applicant. The record ciosed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.' Pursuant to Minn. Stat. § 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of the City CounciPs decision must be served on the parties and the Administrative Law Judge by first class mail? Parties should contact the Saint Paul Gity Gounci4, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. r� � � St. Paul Legislative Code § 310.05 (c-1). z Minn. Stat. § 14.62, subd. I(1998). I� ' STATEMENT OF THEISSUES The issue presented at this hearing was: Should the City grant a Pool and Biiliard Hall and related licenses to the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Biiliard, has applied for the necessary licenses to operate a pool hail at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiard hall, to sell cigarettes or tobacco products, to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are iocated at the same address or near the Applicant's business. Aiso, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and Environmental Protection (LIEP) reviewed the application and recommended approval a 4. As a courtesy, LIEP notified the locai community council, the District 7 Planning Councii, of the application, and gave the Planning Council the opportunity to request a leg�islative hearing. The Planning Councii did request a hearing, and one was heid. 5. The LfEP summarized the iicensing application for the iegislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Councii, dated March 6, 2000, signed by Michae4 Samuelson, its Executive Director. It expressed the concerns of persons who lived in close proximity to Mr. Trinh's business. Attached to the letter was a�etition signed by many neighbors who objected to the issuance of the licenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particulariy at closing time. It was also ' Testimony of Kristine Schweinler. 4 Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no d'uect evidence, it appears that the legislative hearing was held on April l7, 2000. 6 Ex. 3. ' Ex. 2. 2 r� � concerned about tsash left along front yards, streets and sidewalks, and with late night fraffic from an exit onto Sherburne Avenue, a residentiai street. 8. With the assistance of the legislative hearing officer, the District Council representative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. In particular, Mr. Trinh agreed to the foilowing: • To limit the hours that the business operates, closing no later than 12:00 PM (sic) on Friday and Saturday; • To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; • To post signs in and out of the building stating that loitering, drinking, use of illegaf substances, littering and loud noises are prohibited; . To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council,' 11. Believing that Mr. Trinh and the Pianning Council had reached an agreement, LIEP placed approval of the ApplicanYs {icenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the City Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Councii Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Councii's Physical Planning Committee had met on April 24, 2000, to consider the licenses, including the conditions agreed upon by Mr. Trinh, but decided to continue its opposition to them because of the ongoing objections ofi the immediate neighbors to the business." 13. The City Councii voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing.' g Ex. 5. 9 Id. 10 Testimony of K. Schweinler. � � Ex. 4. ' Ex. 6. 3 • t� • 14. Notice of this hearing was sent to Mr. Trinh and to the Planning Council on May 10, 2000. . 15. The LIEP continues to support the app4ication and recommends that the licenses be issued, with the agreed-upon conditions. 16. Mr. James Wentzell, the Acting Executive Director of the District 7 Planning Councif, expressed the Planning Council's concems. The Planning Councii has continued to receive calis from neighbors objecting to the business, and opposes the issuance of the licenses. In particular, the neighbors are concerned about noise, especially at the time the business closes, litter and traffic speeding in the nearby neighborhood. Mr. Wentzell acknowledged that othes businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons were not speaking English. However, Mr. Wentzeil could not provide any details about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in efFect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Pianning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. 6ased upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paui City Council have jurisdiction in this case. 2. The Applicant received timely and proper notice of the hearing and the City has complied with ali relevant substantive and procedural requirements of statute and rule.' The City has provided notice of the hearing to the local community organization. L3 Testunony of K. Schweinler. 1d Testimony of K. Schweinler. 15 Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310A5. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. � i� � 3. The City has authority to grant a license and to impose certain conditions on that license.'� . 4. The Applicant has shown by a preponderance of fhe evidence that he has met the requiremenfs for a license for pool and billiard hall, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pooi and billiard hall, with related ficenses, be GRANTED. Dated this 27 day of June, 2000. Bever nes H yd� er Admi strative Law dge Reported: Tape-recorded (two tapes) RiI�1�[7:7_r.I�II� Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr. Trinh to address them, or for the Administrative Law Judge to evafuate whether they are sufficient to warrant denying the licenses. Based on the evidence presented, the licenses shouid be issued. BJH " Saint Paul Legislafive Code §§ 310.04 and 310.06. � �-73�' STATE OF MINNESOTA) ) Ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahi, being first duly sworn, hereby deposes and says that on the 27th day of June, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION; OAH Docket No. 15-2111-12935-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuais named herein. Fred Owusu, City Cierk 170 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 Kenneth M. Bottema Attorney at Law 210 N. 2" St., Suite 50 Minneapolis, MN 55401 Subscribed and sworn to before me this � day of June �.Le LJ o � Notary Public � „ ••• `q IeVON REGAN � xonmwauc-�eafaoa • MYCOl�NAISS�oND�iR64 , �"+�,',,,. JIWUARY31.2005 Virginia D. Palmer Assistant City Attorney 15 W. Kellogg Blvd., Suite 400 St. Paul, MN 55102 �1 e�tCX. Cindy Ring a I , 2000. <. '_ s v� . OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard CITY'S PROPOSED EXHIBITS June 20, 2000 TO: Judge Beverly Jones Heydinger, Adminisirative Law Judge, Qffice of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consritutes a list ofthe City's proposed e�ibits for the Administrative Hearing on June 20, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 E�. No. 3 E�. No. 4 E�. No. 5 E�. No. 6 Exh. No. 7 Description License application, dated December 10, 1999 (4 pp.); Letter from Michael Samuelson to Gerald Strathman, dated March 6, 2000 t PP•); License Application Suminary (1 p.); Letter, with attached petition and license conditions, from Michael Samuelson to Council Member Jerry Blakey, dated Apri126, 2000 (5 pp.); License conditions, signed April 26, 2000 (1 p.); Action Minutes of the Saint Pau1 Giry Council for Wednesday, Apri126, 2004 (8 pp•)> Notice of Hearing, dated May 10, 2000, with Affidavii of Service (3 pp.). � Also attached please find courtesy copies of applicable St. Pau1 City ordinances: St. Paul Legislative Code § 310.05 St. Paul Le�slative Code § 310.06 ' St. Paul Legislarive Code Chapter 322 Bowling Centers; Pool Halls Respectfully submitted this 20th day of June, 2000. �� Virginia . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �y � � 3 Y' � / � r �� /)/��!�''� ( 1 r J / V CLASS N LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRI�IT I�` INK CITY OF SAIr,*f PAUL Office of Lianse, fnspeaions and Envimnmencat Prorer,ion J50 Sc Pctc Sc Suim ICO SainaPaut.Stins�cw�a SSt�l (65p?669090 (x(55q?66-91'a � �n� � ��.� LICENSES AF2E tiOT TRtiYSfER4BLE PAI'viE�T bItiST BE RECEIVED �VITA EACH .�.PPLICATIO� i ( n Type of License(s) being applied for. � k / " �� --L?�,f% ;�� S �,��i �` �1/7 iil' �_ '�.�� %r?'�.�' �I-�!'/. � S � l � i � n O l��./� A%.��. S J� .�� ..1 < Projected date of opening: � y' � ��lr G{�i �-'� �a '- 30 ,� Company Name: Coryoranon / Parmershi / Sole Proprierorship � If business is incorporated, give datz of incorporation: BusinessName(DBA): Business Address (business location): BusinessPhone:(�c��l ��- I(��j Street(m,Name,Typt,Direc[ion) Q Ciry S[are Zip-i Bznveen what ccoss streets is the business located? Which side of the street? Are the premises now occupied? _ � 2 �Vha[ Type of Business? _ ` h�� ' vfail To Address (if diPfzrent than business address): Sa�n-t,t� Strett (�, Namz, Type, Direction) Ciry Stace Zip-4 Applicant Information: � `� Name and Title: � N l� 1) � ny �-{ �'�� {-f () �,(,� �,(,(,(/ ±int C n � ,� Middle , MaiB �. ,, �� Last Tide Home Address: o� � S[reet (R, Name, Typt, Direction) � Ciry Stare Zip�4 DateofBiRh: [��, - I��- ( � PlaceofBirth: � i2�tv�i�;` omePhone:(�1 �y7-�i6�'� Have you ever been convicted of any felony, crime or violation of any ciry ordinance other than trafTic? YES _\O �_ Date of arrest: Charge: _ Conviction: Sentence: List licenses which you currently hold, formerly held, or may have an interest in: �/t p rn �� Have any of the above named licenses ever been rewked? YES �_ KO If yes, tist th; dates and reasons for revocation: Are you �oin� ro operatz this busmess personally? �_ YES NO If not, who will opzrate it? � F�rstName Middlzlmfiat (Maiden) L�st DateofBitth Hume AddresS= S[ree[ (K, Name, Type, Arz you goin,g to have a manager or assistant in this business? opzrator, please comptere [he following information: First Namz �Lddle Imtial Where? (hlmden) S Zi,r4 Phane Num6zr YES � (� i�t0 If the manager is not the same as the Date of Birth tiomt Address: Strze[ (�, Namt, Typz, DirecUUn) C�ty � °° "--' o�^^°'� n e iceL nse Application of Thu Dinh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. l List all other officers of the coiporation: OFFICER TITLE HOME NA�IE (Office Held) ADDRESS H0�1E BliSNESS DATE OF. PHOtiE PHONE BIRTH Y If business is a partnership, please include [he following informa[ion for each partner (use addinonal pages if necessary): 5G 1�� n,��; ,z,, � �- �„ .. First Name � N� • i�.�awcn� Last Da[e o( 8itth Home Address: Stree[ (�, Name, Typz, Dircction) Ciry State Zip�4 Phone Vumbev Pirst Name Middle Imnal (Maiden) � Date of Birth Home Address: Street (�, Name, Type, Direction) C Y State Zip-; Phone Number MIWESOTA TAX IDENTIFICATIOV NL1MgER-Pursuantm the Laws ofMinnesota, 1954, Chapter�02, Artide 5, Section 2 (270. i2) (Tax Clearance; Issuance of Licenses), licensin� authorittes are required [o provide to [he State of �finneso[a Commissioner of Revenue, the Minnesota business tax identification ntimber and the sociai security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we arerzquired to advise you of the following regarding the use of the Minnesota Tax Ideniification Number. - This information may be used to deny the issuance or renewal of your license in the event you o�ve Minnesota sales, employer's withholding or motor vehicle excise taxes; -Upoareceivin�thisinformatioq[helicensineauthoritywillsupplyitonlytotheMinnesotaDepaRmenrofRevenue. Ho�vever, under the Federal Exchanoe of Information A�reement, the Deparcment of Revemie ma} supply this information to the Intemal Revenue Service. Minnesota Tax IdentiFication Numbers (Sales & Use Tax Number) may be obtained from the State of Mmnesota, Bustness Records Department, ]0 River Park Plaza (612-296-6131). Minnesota Tas IdenUfication Number: `T'J l�� j ❑ If a Minnesota Tax Identification Number is not required for the business beine operated, indicate so by placin� an "X" m the box_ +NT TO MIN\ESOTA STANTE 176182 ensation insurancz co� eraee requirements ofMinnzsota ion in this certificxcion constirates sufficient groueds for said licenses. �m I� ITIALS) to 09�01/IJ')9 Please list your employmen[ history for the previous five 5 �— � � ( ) year period: 00-738 .ANY FALSIFICATIOY OF A\S�VERS GIVEN OR �IATERI?.L SUB�IITTED �VILL RESliLT IV DE\IAL OF THIS APPLICATIO\ I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and correct to the best of my knowledge and belief. I hereby state fuRher that I have received no money or other consideration, by way of loan, giR, conhibution, or othenvise, other than already disclosed in the application which T herewith submitted. 1 aiso understand this premise may be inspected by police, fire, health and other city officials at any and all times when the business is in operation. Signature (REQUIRED tor all Prefeaed methods of communicarion from this ofFice (please ranlc in ordzr of prefzrence -"I" is most preferred): _ Phone Number with acea code: ( ) Extznsion (Circle the type of phone number you have listed above: Business Home Celi Fax Phone Numbec �vith area code: ( ) Extension (Circle the type of phone number you have listed above: Business Home Czli Mail: IntemeC E-Mail City Fax Statz Date Pa�er ) Pager ) �Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). PAYLYG BY CREDIT CARD PLEASE COhIPLETE THE FOLLO�T'LVC INFOR�YIATION: ❑ MasterCard � Visa EXPIRATION DATE: ❑�/�❑ of of Card all Da[e **Note: If this application is FoodlLiquor relared, please contact a Ciry of Saint Pau1 Health Inspector, Steve Oison (Z 66-9139), to reciew plans. If any substantial chan�es to structure are anticipated, piease con[act a City of Saint Paul Plan Examiner at Z66-9007 to apply for buildin� permits. Ff there are any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zonin� Inspecror at266-9003. Alt applicatians require the tolLowing documents. Please attach these doeuments �chen submitting your application: 1. A detailed description of the design, location and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8%x" x 11" or 8%z" x 14" paper): - Name, address, and phone number. - The scale should be stated such as 1" = 20'. ^N should be indicated toward the top. - Placement of all pertinent features of the interior of the licensed facility such as searin� azeas, kitchens, offices, iepau azea, parking, rest raoms, etc. - If a request is for an addition or expansion of the licensed facIlity, indicate both thz current azea and the proposed expansion. 2. A copy of your lease a�ceement or proof of ownership of the property. Y�0 Cl�xU � v� Sti f��.� SPECIFIC LICE�SE APPLfCATIONS REQUIRE ADDITIONAL IvFORi��IATION. PLEASE SEE REVERSE FOT2 DETAILS >>>> Street (�, Name, Type, Direction) ACCOUNT NUMBER: i�■■■ ■■■■ ■■■■ ■■■�� 09/O V I999 If a�plying for, �� : Cabaret adult, please attach written proof that each employee is at least 18 years old. Concersation/Rap parlor adult, please attach written proof that each employee is at least 18 years old. Entertainment, please specify class A, B, or C ticense; obtain and attach si�natures of approval from 90% of your neiohbors u ithin 3�0 fzet of the estabtishment. This license must be applied for in conjunction with a Liquor, �i%ine, Malt On Sale or RentaUDance Hall license. Firearms, please attach a lerer with the foilowin� information: state if selling or only repairing, Federal Firearms License \�umber, type o£Armed Services discharge (Honorable, General, Bad Conduct, Undes¢able, Dishonorablz, or no military service. (\OTE: Establishment must be commezcially zonzd.) Game room, please provide the following information: name of machine and list price. (\ OTE: A Pool Halllicense is requirzd if there are any pool tables in the estabtishment.) Health/Sports ciub adult, please attach �vritten proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor application. Massage center, please attach a detailed description of the services being providzd. llassage center adult, please attach written proof that each employee is at least 18 years old. Massage practitioner, please submit proof of successful completion of �vritten and practical exams from the City of Saint Paul authorized examiner; submit insurance certificate showing coverage of$1,000,0OO.OQ each eeneral liability andprofessional liability with the City of Saint Paul named as an additional insured, and a 30 day notice of cancellation; submit proof of affiiiation &om a licensed City of Saint Pau! therapeutic massage center or state licensed heaith facility . Mo[orc��de dealer, please include State of Minnesota Dealer Number. Ye}v motor vehicle dealer, please include State of Minnesota Dealer Number. Parl:ina lot or Parking ramp, please include the number of parkin� spaces, and attach plans containing a general description of the security provided at the IoVramp, a site plan showin� driveways of the proposed lot and thz legal description of [he property ([his requirement necessary only ifno site plan is cuaently on file). Attach a cover letter describin� your plans to compiy with the li�htin� and painting requirements. Pawnbroker, please attach $5,000.00 Surery Bond. Second hand dealer-motor vehicte, please include State of Minnesota Dealer tiumber. Second hand dealer-motor vehicle parts, please attach 55,000.00 Surery Bond. Steam room/bath house adult, please attach written proof that each empfoyee is at least 18 years old. Theater adult, please attach written proof that each employee is at least 18 years old. 09'01 / I 999 /:- _ F , � ;,,� .:;. __;i,--: -: District 7 Planning Council 689 North Da1e Streer Saint Pau� lYlinnerata 55103-1644 657/_�9&5068 (offue) 65UZ98-5072 (f� d'rsmu7thom¢� da�e@excilecam (e-mail) March 6, 2000 NIr. Gerald Strathman Legislative Hearing Officer 310 City Hall 15 West Kellogo Boule�azd St Paul, MN 55102 DearMr. Sa�athman_ �ii.'�,� � � �:� �" : . iil � �� DO On behalf of the District 7 Planning Councii, I am wiiting you to express our concerns regarding the application for a pool hali, ori�ual coataiaer and cigareite 2icease for the business which has been opezating at 995 West Univezsity Avenue for over two years now. We reviewed tius application at our February 24 board of direciors meeting where we passed the following motion: Th� �e �� (Thomas Da1e) Planning Council recommead that the applicaiion for ool h ' al er and cigare Iicense being made by Thu Dinh Trinh, dba Song Thanh Billi 995 West Universiry Avenue, b denied. W g xn the Thomas Dale Block Club, an additional community meeting was held on Tuesday, February 29 to review this licensing applicarion with neighbors and the owner of this business. At that meeang a petition signed by 29 of his neighbors [o [he north who oppose this applica[ion was presented to Mr. Trinh. We discussed severai concems chat [hese neighbors have said tfiey have had during the almost �`h'o Y�rs t�at this pool hall has been open. Thesa concems included 1). Loud noise (fi.rom both voices and car stereos) and rude behavior from his panrons, paraculaziy when they leave ai closing time; 2). Trash and debris Ie8 along front yards, streeGS and sidewatks; 3). Late night use of the Sherburue Avenue entiancelexit from the paz3flng lot that serves the tenants of 995 West University Avenue. This unrestricied use allows �anY unwanted cazs to come in and out of the parking Iot az all hours along this residentiai strees and has been a source of disiurbance for these residents. We aLso taiked briefly about the faci that none of the interior entrances to Hie pooi hall opens directly to the outside and rhe potenriat safety coacerns this briugs up for both the ciry and our community. In addidoa to this discussion, we reviewed with Mr. Trinh the possibility of sevezai business opeiacion conditions that couid be pIaced on his ficense to operate if the cuy �ves its approvat to siay open at this locadon He has agreed to consider having night time securiry; cIose off the Sherburne Avenue entrance/exit to the parking lat, ailowing customers to only enter his business via the University Avenue doorway; that no gang coIors be allowed; that signage be posted inside and outside that states "uo loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus tisting the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Satarday. Piease note that by heIping Mr. Trinh to come up with these� business opeiaring conditions, we have not taken a position to support tius application. oundi ResBarctt Ce�tef �k� �� Our 30th year of servire to the neighborhaods nf Mt Airy, Capiin! Heighu, Lower Rice Slree� Frogtvwn und $ . I970 - 2000 �� icense pp ica on o u in _ Trinh d/b/a Song Thanh Billiard — City's Exh. No. 2 � 1 � 8 I wouId like to take this opportunity to express our displeasure with fiow this license appficatioa has b�n handIed by the Depaztment of 7nspecrion, Environmental Pmtection and Licensing (I-IEP)• When Mr. Trihn and � up dus business in eariy 1998, having relocated from the "Crazy Louie" building ai Virginia ersity, odged a protesi with r.TF'P � he did not have a license to operate at this new Iocario� It took �e city atmost two yeazs to respond to this maaer. This is noYacceptable 6ehavior by this departmeut and it should not be tolerated_ It is not fair to either the proposed busine�s oP�r nor to the residents of this commimity, perh�p� we couId have avoided maay of the problems our residents have experiencad as resuIt of this business being open without any mitigating conditions being piace3 on it from the beginning. Please conracc me at 6511298-Sd68 if you ne�3 any further informa,�on regarding ouc position on this licrnsing matter, Sin�� Michaei Samueison Executive Direcior enc: Perition from T'homas DaIe neighbors opposing this business. � cc: Thu Dinh Trinh, do Song Thanh Billiards; Ktistina Schweinler, LIEP; Ivlayor Norm Coleman; Midway Chamber of Commerce; Frogrown Acrion AIliance; Council member 7erry Blakey; District 7 Planning Council Board of Direciors; Thomas ,Avenue Block Club; PeLer Vang, owner of 995 W. University Avenue; University iJNITED; progtown Times Newspaper, Concemefl Thomas ]]ale azea residents. � ,• � OFF[CE OF LICEYSE, INSPECTIONS AND ENVIRO�Y�iIENCALPROTECTION Raben Kus[er, Director CITY OF S�T PAUL Narm Colemnn, .Yfayor LOWRYPROFESS/ONALBUlLDING Telephone:65d-?66-9090 � 350 Sc Peter Srreet, Sutte 300 Facsimile: 65/-?66-9099 SaintPnul,,Ninnesata �5102-l5l0 6i!-?66-9!?l LICENSE APPLICATION SUMMARY Date: Monday, April 17, 2000 @ 330 PM LicenseID: 19990007188 License Applicant: Thu Dinh Trinh License Type: DBA Son� Thanh Billiard 995 University Avenue W. Pool & Billiazd Hall MAD's 2 Cigarette/Tobacco Original Container License Conditions: None Requirements: MAD's - Need Machine List Ori�inal Container - Pending Environmental Health Final Approval Pool & Billiard Hall - Pending Cigazette/Tobacco - Approved Pending Adverse Actions: None Current Licensee LIEP Recommendation None Recommend Approval n - n � — �'/ � ,�1,� n ,,, J ��t,w� L EP StaffRepresentative �� .�� a C.eh'' ,. �n e t e icense pplica�Thu inh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 3 � . Y � � � � t�� - � r= < �;�- ��i'°� Y-.�(l i��_I Q�a 1 %"� M� . F��? �'�1 / DistYict 7 Planning Council 689 North Dale Street Saint Paul, Minnesota 55103-I644 651/298-5068 (offtce) 651/298-5072 (fax) dislrict7tham¢sdal�cite.com (e-mai!) Apri126, 2000 Council member Jerry Blakey 310-A Ciry Hall 15 West Keilogg Boulevard St. Paul, Minnesota 55102 Deaz Council member Jerry Blakey: On behalf of the District 7 Planning Council, I am writing you to express our confinued concem regarding the application for a pool hall, original container and cigazette license for the business which has been operating at 995 West Universiry Avenue for over two yeazs now. As you were informed by the receipt of a letter to Gerald Strathman, Ciry Council Research Director on Mazch 6, the district council reviewed this application at our February 24 boazd of directors meeting where we passed the following motion: That the District 7(Thomas Dale) Planning Council recommend that the application for a pool hall, original container and ciaarette license being made by Thu Dinh Trinh, dba Song Thanh Billiards, 995 West University Avenue be denied. As you are also aware, we have been working with the Thomas Dale Block Club and with them an additional community meeting was held on Tuesday, February 29 to review this licensing application with neighbors and the owner of this business. At that meeting a petition signed by 29 of his neighbors to the north who oppose this application was presented to Mr. Trinh. We discussed several concerns that these neighbors have said they have had during the almost two yeazs that this pool ha11 has been open. These concerns included: 1). Loud noise (from both voices and caz stereos) and rude behavior from his patrons, particularly when they leave at closing time; 2). Trash and debris left along front yazds, streets and sidewalks; 3). Late night use of the Sherburne Avenue en[rance/e�tit from the parking lot that serves the tenants of 995 West University Avenue. This unrestricted use ailows many unwanted cars to come in and out of the parking lot at all hours along this residential street and has been a source of disturbance for these residents. We also talked briefly about the fact that none of the interior entrances to the pool hall opens direcdy to the outside and the potential safety concerns this brings up for both the city and our community. In addition to this discussion, we reviewed with Mr. Trinh the possibility of several business operation condirions that could be placed on his license to operate if the city gives its approval to stay open at this locauon. He has agreed to consider having night 6me security; ciose off the Sherbume Avenue entrance/exit to the parking lot, allowing customers to only enter his business via the University Avenue doorway; that no gang colors be allowed; that signage be posted inside and outside that staies "no loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus listing the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Saturday. Please note that by helping Mr. Trinh to come up with these business operating conditions, we have not taken a position to support this application. Our 30th year of service to the neighborhoods ofM� Airy, Capitol Heights, LowerRiceStreet, Frogtown a � ■ 1970 - 2000 �n e. e icense pp icI' o u m — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 4 cx��73g As a result of severaI stated objections to this business application, Mr. Sh called for an Legislative Hearing to further review this licensing application on April 17. As you know, he has decided to forward his recommendation to the ciry council that this pool hall license be granted wiTh the provisian that several of ihe sug�ested conditions that were ag�eed upon would be irriposed on this business (see the enclosed list). Our Physical Planning Committee met on Apri124 and reviewed this matter once again. Those in attendance have decided tha[ in spite of these condiCions that the district council must support the thirty plus immediate ne3ghbors of this business and continue our opposition to this business. We respectfully request that you pull this matter from the consent agenda from your Apri126 City Council meeting and either refer this matter to be reviewed by an Administrative Law Judge or hold a public hearing before your body so that a case can be made by those most negatively affected by this business that it should be closed down. Please contact me at 651/298-5068 if you need any further information regardina our position on this licensing matter. Sincerely, r�� Michael Samuelson Executive Director � _ enc.: Petition from Thomas Dale neighbors opposing this business; Proposed operation conditions for this business. cc: Thu Dinh Trinh, c/o Song Thanh Billiards; Kristina Schweinler, LIEP; Mayor Norm Coleman; Midway Chamber of Commerce; Frogtown Action Alliance; Council member 7erry Blakey; District 7 Planning Council Board of Directors; Thomas Avenue Block Ciub; Peter Vang, owner of 995 W. University Avenue; University LTNITED; Frogtown Times Newspaper; Concemed Thomas Dale area residents. 2 �-�3� i, � _. � ' C � ° �'-� l`: r -. Petitiori - - � �7e the undersigned Neighbors & Business of the Thomas-Da�e Neighborhood oppose the issuing license for the Pool & Billiard Hall, Original Container & Cigarette/Tobacco at the building tocate 995;University in the City of St. Paul. � � Address :z ia�� ,��,� �3 ,, 6� � / � - / , `� � �( � � .�, I� G :: � � ��G� s {j2y-�G�rh� /sC /UO�, ,�'/-/CiZ.SG�iI'� O 00 �.S' ( � /03_3 .sd��P R�7 she�-.b � Aip/�/YIH�O l v7_ � �'/G< �i.yn/� � ��,.�ll _•rE7a rr�a. t3ve. [ -� �' �v ^�r�JN.21,ts. � �� Iaz3 s/�c��e�,r�pJ to t9 �,�r}�19rr��Z�Ye T 0�7.�`c e k.Ov�.�E /ot3.� C/1,9�Zt3'f3�s I�U C t� orlfc. i� �� ,v�--� �q�� ta��rs �( VK �qal .si,�� h� �� $ c ��es /U�d �/r� r/e 5 1 l�� S • s-: �i+i ev. � • d d � O �K � c�`l , =-�i�-c� a O�L �� _� �c�-738 PeEitio�� We the undersigned Neeghbors & Business of the Thoma.s-Daie Neibnborl�ood oppose the issui license for die Pool & Billiard Hall, Original Container & Cigarette/Tobacca at the buildi�ig loc 995 Uaiversity in the City of St_ Paul. � Name (printed) : �..-1'lL-�-�'C_��.t:`.� �,�� . " � .�r . ;,�(. ,,� i � ::, , ;;: ,.. . . >' .4� . >S ;�� . _ . � l' _'. ' . .. . . i Y� i.. 'i � y"tin :.:�+_P'. i' Address l �Gc� �� S• � �}G`L��O ('(n('i4 �'O qqo cl,._-r(�5 `'��t 6 c;�-rn.�F s O/R Q ... ;:.� RPF.-15-�@� � F19 � 35 CITY OF SA1NT PAUL Norm Coleman. Mayor CITY GF ST PqLiL LIEP oi2 266 9124 P.02 t�=73� QFFlGE OF LtCENSE, tNSPECTlONS ANp E13VIRONMEN7AL PFi07ECTION PcCaR Kes�er.OanGOr � LOWf7YPROFE5S/0iL'4L6VILOSNG rxcnmr.resvueasosc s�osw F,«z.: rasr,�se-uec 950 SC vaiy�get ;05�� 2069ty: Szn: vwi e.e.x:esaa:stiz-;s» f agree to the foGowing conditio.�s being ptacad on the follpwing Gcense(5): Ucense #: � 9950007'188 Type of Business: Ciga�etta(robacco tv1A�s aHmed & tflcated at same business originai Con;ain� Pool & BiNiard fiaS{ Appiied for by: THU DINH TRINH Doing Business As: SONG THANii BILLIARD at 99511NIVERSSTY RVE W STPAUL MN 55104 R�� Conditions are as follows: 1, 8usiness wiii close �o later than 11:6p PM Sunday to Tfiursday and 12:40 PM on Fridsy bnd Sa:urday. 2. Security wiU he grovided ia the parking lot to eliminafe loitering and unnecessary disivrbences Eo the neighborhood. 3. Signage wiil he posted inside a�d outside af the business thet states that loitering, crinking, use of i:legal substances, littering and bud noises are prohibited. 4. No gang colors are aitawed. � 5. 7he licensee wili dafty pick up litter in front of the business and in 2he parking Iot. Licensee Date TOTFL P.02 Apr-26-�0 01:18pm From-HENNEPIN COUNTY PUBLIC DEFENDERS +fi123486179 T-175 P.02 F-934 �. RPR-19-20�0 15�23 C11Y UF 5i F4M_ L1tY o,,t cu� �ic4 �..x�� a0 OFFICE Of LCENSE. INSPEL'f10NSMiD ENV{RaSDAENiALPROTECTIOnt RcwnR�sWL aiver � CITY OF SAINT PAUL L� rwa.w. �ss+�� ram, cae��,. r�a � s Rw. sesa F� cus�l z6,� 9+nFentw�asmSft0.�5ta f�:12Y.9i2t t agree to tne fofiowinS eontl�ons Deing pfaced on the foAowag I"�e(s): License 3t: 19990007188 Type of 6�,siness: CigarelteJfabacco MADs owned 81oc3setl ai same business Origutat ConUtiner Po01 & Blii2rp Hali APPI� � bY. THU DINti TRINH Domg Business Rs: SONG TFIANH BiLL1ARD as: 995UNNERS�TY AvE W ST PAUL MN 55704 COn6iliOTi9 3�e 2S i01fOWS: �, Business wlll dose rro later man 7 �:00 PM Suneay to Thursday and 12:00 PM on Friday ana SatLrtlay- 2. Securlty wAl de ptavided �n the parkinglot to elimi�te idtering and unnecessary qiguitDances to tha neighbachood 3. Signage wll be posietl inside and outside of the business 2hat srates [hat toit9ring, arintcing, use of ittegat subspnces, LsfeJing a�o los,d noises are prohiDited. _ a. No gang eotw•s are allowea. 5. �iceasee �val 4aily picic up Iitter in front of ine business ana in trte parking lot - �Q�" � 2 �, - t��_ ��g� Dat Ta7f7�. P.02 �Zte tl e icense pp icarion o u m APR-26-2000 15� 01 +6i23ae6i�9 — Trinh dJb/a Song Thanh Billiard — City s Exh. No. 5 � C TTY �F �� 9� O ' .3 a IIIIfl�� ;illl ^a � IIH� �� a h w � ISb � �• : ACTION MINUTES OF THE SAIN7' PAUL CITY COUNCIL Wednesday, April 26, 2600 - 3:30 = 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Councii Present - 6--Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1- Coleman (arrived later in the meeting) CONSENT AGENDA (Items 1 - 1'� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. TFIERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1 2. � n Approval of Minutes of April 12 and Closed Door Session of April 12, 2000. Adopted Yeas - 6 Nays - 0 Claims of Gregg De Shon, Christine Marien, and William White. Referred to the Employee/Risk Management Office Summons and Complaint in the matter of Eddie D. Carr v. the City of Saint Paul. Referred to the City Attorney's Office Order to Show Cause for Proceedings Subsequent, 175 West Seventh Street. Referred to the City Attorney's Office ��I�e f e�icense pp tca ►on o iu in � _ Trinh d/b/a Song Thanh Billiard -- City's Exh. No. 6 �r . April 26, 2000, City Council Action Minutes Page 2 5. Letter from the Office of License, Inspections and E�avironmental Protection announcing a public hearing before the CiTy Council on May 24, 2000, to consider app]ications from the Saint Paul Saints Baseball Club for sound level variances for concerts to be held at Midway Stadium, 1771 Energy Park Drive, on July 14, 2000, from 3:00 p.m. to 10:00 p.m., and August 26, 2000, from 1:00 p.m. to 10:00 p.m. 6. Resolution - 00-378 - Revoking the TaYicab Driver's License held by James Manneh. Adopted Yeas - 6 Nays - 0 7. Resolution - 00-379 - Approving application for Pool and Billiard Hall, Cigarette/Tobacco, Original Container, and MADs (mechanical asr�usement ^ devices owned and located at same business) licenses by Tru Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. (Legislative Hearing Officer recommends approvai with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 8. Resolution - 00-380 - Authorizing a lease purchase agreement for RiverCentre Parking Ramp improvements and authorizing the execution of the lease, bond purchase agreement, and continuing disclosure agreement. Laid over to May 10 Yeas - 6 Nays - 0 9. Resolution - 00-381 - Authorizing the Deparhnent of Planning and Economic Development to enter into a joint powers a�eement with MnDOT for the State's cost participation in the Phalen Boulevard EIS and a budget amendment for the $350,000 payment by the State toward the EIS. Adopted Yeas - 6 Nays - 0 10. Resolution - 00-382 - Amending the 2000 budget in the Department of Pianning and Economic Development by adding grant funds in the amount of $396,878 received from the Metropolitan Council for a cleanup project at 720 Payne Avenue (Fiamms Building). Adopted Yeas - 6 Nays - 0 11. Resolution - 00-383 - Authorizing the Police Department to enter into an agreement with the Public Housing Agency of the City of Saint Paul. Adopted Yeas - 7 Nays - 0 � Apri126, 2000, Ciry Council Action Minutes Page 3 12. Resolution - 00-384 - Increasing the 2000 spending and financing plans in the Police Departrnent for a U.S. West donation to piace�ceilularphones in 35 police squads. Adopted Yeas - 6 Nays - 0 13. Resolution - 00-385 - Establishing a 2000 spending and fmancing plan in the Police Departrnent for the Safe and Sober Grant. Adopted Yeas - 6 Nays - 0 14. Resolution - 00-386 - Establishing a spending and financing plan in the Police Department for the remaining 1997 Federal Asset Forfeiture Funds. Adopted Yeas - 6 Nays - 0 15. Resolution - 00-387 - Approving the decision of the Legislative Hearing Offic2r on Property Code Enforcement Appeals £or properiy at: 73 Leech Street, 795 Sixth Street East, and 1223 Selby Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution Approving Assessment - 00-388 - In the matter of grading and paving alleys in Wards 2, 4, & 6(1997 Project), and setting date ofpublic hearing for June 28, 2000. (File #18867, 18868, 18899, 18902) Adopted Yeas - 6 Nays - 0 17. Resolution Approving Assessment - 00-390 - In the matter of suznmary abatements (snow and/or ice removai) for January and/or February, 2000 (JOOOlAl); demolition ofvacant buildings during January, 2000 (JOOOIC); summary abatements (property clean-up) during March, 2000 (J0002A); and boarding-up vacant buildings during February, 2000 (J0002B); and setting date of Legislative Hearings for June 6, 2400, and City Council Hearings for June 14, 2000. Adopted Yeas - 6 Nays - 0 1� 3 g Aprii 26, 2000, City Council Action Minutes FOR DISCUSSION Page 4 18. Administrative Order: D001882 Authorizing payment by Marketing & Promotions for activities related to implementation of the year 2000 marketing plan. (Laid over from April 19) Noted as on file in the City Clerk's Office Yeas - 7 Nays - 0 ORDINANCES 19. Third Reading - 00-315 - Rezoning portions of the Wilder Foundation's Rarig Campus to resolve split zoning of newly platted property. (Public hearing hetd February 2, 2000) Laid over to May 3 for final adoption 20. Second Reading - 00-374 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to permit dogs to be unrestrained in posted off-leash dog areas of the Saint Paul park system. Laid over to May 3 for third reading/public hearing 21. Second Reading - 00-375 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to permit dogs to be in posted off-leash dog areas without restraints. Laid over to May 3 for third reading/public hearing PiTBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 22. Third Reading - 00-357 - An ordinance amending Sections 73.03 and 73.04 of the Saint Paul Legislative Code relating to the membership of the Heritage Preservation Commission. Amended and laid over to May 3 for final adoption Yeas - 7 Nays - 0 23. Resolution - 00-391 - Revoking the provisional operator license for a taxicab driver issued to Malik Abdelrazig for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 �-� 38 Apri126, 2000, City Council Action Minutes Page 5 24. Resolution - 00-392 - Revoking the provisional operator license for a taxicab driver issued to Emmanuel Asabere for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 25. Resolution - 00-393 - Revoking the provisionai operator license for a taYicab driver issued to Awalchew Cherto for failure to enroli in the ta�cab driver training course. Laid over to June 14 Yeas - 7 Nays - 0 26. Resolution - 00-394 - Revoking the provisional operator license for a ta�cicab driver issued to Harold Dickens for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 27. Resolution - 00-395 - Revoking the provisionai operator license for a ta�cab driver issued to Frank Durkin for failure to enroll in the ta�cicab driver training course. Adopted Yeas - 7 Nays - 0 � 28. Resolution - 00-396 - Revoking the provisional operator license for a taxicab driver issued to Alfred Flores for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 29. Resolution - 00-397 - Revoking the provisional operator license for a taxicab driver issued to Ghani Habib for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 30. Resolution - 00-398 - Revoking the provisional operator license for a taxicab driver issued to Scott Kern for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 31. Resolution - 00-399 - Revoking the provisionai operator license for a taYicab driver issued to Lisa Kraemer for failure to enroll in the taxicab driver training course. - Adopted Yeas - 7 Nays - 0 32. Resolution - 00-400 - Revoking the provisional operator license for a taYicab I�j1 i April 26, 2000, City Council Action Minutes Page 6 driver issued to Willis McKinley for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 33 34. 35 � 37 C�$? 39 ,� Resolution - 00-401 - Revoking the provisional operator license for a taxicab driver issued to Carroll Nelson for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-402 - Revoking the provisional operator license for a taxicab driver issued to Ousham Omar for failure to enroll in the taxicab driver traininb course. Adopted Yeas - 7 Nays - 0 Resolution - 00-403 - Revoking the provisional operator license for a taxicab driver issued to Tyrone Pringle for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-404 - Revoking the provisional operator license for a taxicab driver issued to Mark Remley for failure to enroll in the ta�cab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-405 - Revoking the provisional operator license for a taYicab driver issued to Michael Anthony Robertson for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-406 - Revoking the provisional operator license for a ta�cab driver issued to Eric Wenzel for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-407 - Concerning adverse action against the Auto Repair Gazage License held by Frank Gaston, dba Frank's Auto Service, 150 Concord Street. (Uncontested) Laid over to May 3 Yeas - 7 Nays - 0 Resolution - 00-408 - Granting the Saint Paul Saints Professional Baseball Club a sound level variance for a concert to be held at Midway Stadium, 1771 Energy �) : Apri126, 2000, City Councii Action Minutes Page 7 Park Drive, on June 11, 2000, from 3:00 p.m. to 10:00 p.m. Adopted Yeas - 6 Nays - 0(Reiter not present) _ 41. Resolution - 00-409 - Ordering the owner to remove or repair the buiiding at 987 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0(Reiter not present) 42. Resolution - 00-410 - Ordering the owner to remove or repair the building at 1356 Reaney Avenue within fifteen (15) days from adoption from resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation) Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 — 43. Appeal of Ms. Beth Fischer to a summary abatement order for properry located at 1223 Selby Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 7 Nays - 0 44. Final Order - 00-283 - In the matter of improving the alley in Block 1, Lane's Manor and Block 1, Sunnyside Plat 2(bounded by Juliet, Albert, Jefferson and Hamline) by grading and paving with bituminous material and all other work necessary to complete the project. (File #18919) (Laid over from Aprii 19) Adopted as amended Yeas - 7 Nays - 0 45. Final Order - 00-284 - In the matter of condemning and taking permanent easements in the Iand necessary for slopes, cuts and fills, for the improvement of the alley in Block 1, Lanes Manor, and Block i, Sunnyside Plat 2(bounded by Juliet, Aibert, Jefferson and Hamline) by grading and paving with bituminous material. (File #189195) (Laid over from April 19) Adopted as amended Yeas - 7 Nays - 0 46. Final Order - 00-411 - In the matter of sidewalk reconstruction in Wazd 2. (File #S00036-S00045) Adopted Yeas - 7 Nays - 0 47. Final Order - 00-412 - In the matter of sidewalk reconstruction in Wazds l, 5, 6& 7. (File #500046-500056) � -�738 Apri126, 2000, City Council Action Minutes Adopted Yeas - 7 Nays - 0 � 48. Third Reading - 00-314 - An ordinance amending Saint Paul Legislative Code Section 403.05; altering the waiver of distance requirements for bingo halls and requiring the City Council to consider significant negative impacts of commercial uses when waiving distance requirements. Laid over to May 3 for final adoption MISCELLANEOUS 49. Presentation of an award to the Saint Paul City Council by Sustainabie Energy for Economic Development recognizing the Council's support of the Principles for Minnesota's Energy Future. � An award was presented to the Council by Dianna McKeown Suspension Item Resolution - 00-389 - Renaming the Burlington Northern Trail the "Bruce Vento Regional Trail" in honor of retiring Fourth District Congressman Bruce Vento. Adopted Yeas - 7 Nays - 0 OFFICE : HE CITY ATTORNEY Cla}'mn,L7 RoGinsan Jr Ci �An . . .. 4 orneY l.lJ / �� CITY OF SANT PAUL Norm Co7emnn, bfnpor May 10, 2000 Civi! Dirision 400 Ciry� Hnlf !S Wesj Kel(ogq B(rd. Snint Pn�d. Minnesa�n 55IOI NOTICE OF HEARING Thu Dinh Trinh Son� Thanh Billiard 995 University Avenue West Saint Paul, MN 55104 Te[ephone: 6i! ?66-87/0 Facsimile: 651 298-j619 RE: Application for Pool and Billiard Hall, and related licenses by Thu Dinh Trinh d/b/a Son� Thanh Billiard, for the premises at 995 University Avenue West Dear Mr. Trinh: Please take notice that a hearing will be held concemin� your application for Pool & Billiard Hall, ci�arette, original container and MAD licenses for the premises at 995 University Avenue West in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: Tuesday, June 20, 2000 9:30 a.m. Room 41 St. Paul City Hall 15 West Kellogg Boulevard Saint Paui, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Beverly Jones $eydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 Telephone: (612) 341-7606 �n�e t e icense pp icahon o u in�� — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 7 �- �3� The Council of the City of Saint Paul has referred the question of �vhether to deny your license application for a hearin� in accordance with the procedures of Saint Paul Le�islative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. . The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Jud�e is that the licenses should be approved with conditions. The conditions being recommended aze those conditions which you have reviewed and agreed to by si�nature dated Apri126, 2000. However, the Administrative Law Jud�e is permitted to hear "other interested persons" and to �ive them an opportunity to present testimony and othenvise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearin�, and may wish to intervene. The Administrative Law Jud�e may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such �rounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearin,; will be conducTed by and Administrative Law Judge, �vho will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearin�s are tape-recorded by the Administrative Law Judge. Concluding azguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findin�s of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should brin� with you to the hearin� any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Sincerely, ✓G. �,�.c-GCJ'�'..C�-Yw�.cti � Vir�iniaD. Palmer Assistant City Attomey cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Mike Samuelson, District 7 Planning Council, 689 North Dale Street, Saint Paul, MN 55103-1644 Kenneth Bottema, 50 Whitney Squaze, 210 North Second Street, Minneapolis, MN 55401 DD STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SPRVICE BY MAII, JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows= Thu Dinh Trinh Song Thanh Billiard 995 University Avenue West St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the L Minnesota. said person) and depositing the Subscribed and sworn to before me QRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Council File # O O— 7 3� Green Sheet # � O( S,� l3 Date 1 RESOLVED, that the application for a Pool & Billiazd Hall license by Thu Dinh Trinh, 2 d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West, is hereby granted, 3 subject to the conditions set forth below. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated June 27, 2000, aze expressiy ratified and adopted 7 as the written findings and conclusions of the Council in the matter, and the recommendation of 8 the ALJ is hereby adopted. 9 10 FURTHER RESOLVED, that the following conditions shall be placed on the license: 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 2. 3. 4. 5. The business will close no later than 11:00 p.m. from Sunday through Thursday and 12:00 midnight on Friday and Saturday. Security will be provided in the pazking lot to eliminate loitering and unnecessary disturbances to the neighborhood. Signage will be posted inside and outside of the business that states that loitering, drinking, use of illegal substances, littering and excessive noise are prohibited. No patrons shall be admitted while wearing gang colors. Licensee will be responsible for picking up litter in the front of the business and in the pazking lot on a daily basis. 1 �� j` � Resolution is based on the record of the proceedings before the Administrative Law � 7udge; mclu ing the hearing on June 20, 2000, the documents and e�ibits introduced therein, 4 and the deliberations of the Council in open session on July 26, 2000. 00 —� 3 � 6 A copy of this Resolution, as adopted, shall he sent by first class mail to the 7 Administrative Law Judge and to Kenneth Bottema, attomey for the Licensee Requested by Department of: By: Fosm Approved by City Atto ey By: � Approved by Mayor for Submission to Council sv� y � ��— Approved by Mayor By: � Adopted by Council: Date �,._,�_ �(o .�`�(��a Adoption Certified by Council Secre aE ry ao -�3�' City Council Councilmember Jerry B1, AUS7 BE ON COUNCIL AGQJ�4 BY @ATq TOTAL # OF 31GNATURE PAGES ❑ �.�. �.. ❑ ..�.,�,.�.a ❑MYORWRAfYlYR) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on July 26, 2000, granting the application, with conditions, for a Pool and Billiard Hall license by Thu Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Hes tli�s DeBOMrm erer woAced under a antract for tluc department� VES NO Has mia peisaJfirm ew been a dlY emPbYa� YES NO Ooec Mis De�soMim posease a sldll M�wrmal�YD�ssed M anY curteM cily emDbyeel YES NO la tlus persaNfirm a tarpefetl ventlof7 . YES Pb imlein � yas an¢v,e�s On SBP� sh � ee � t J erM aVach fn Dreen chee[ �C"� ' P �� g��o ";�V� w 4 l � _ "'- --:.': �� - p � G Q � Zoco IFAPPROVED Gr,T,'7�I: i �•T��1: F9d�3 i!.7tE a��oo I. GREEN SHEET hl �]_➢�I. 3=_ai•:.3 I� No 106052 OIYCOI�IS � � u �,,,� COET/REVQIUE BUWETED (GRCLE ON� IICTNRY NUI�ER Cia�;L7 INFORMATION (p5Wln CITY OF SAINT PAUL Norm Co(eman, Mayor lllly i�� Z�� Kenneth Bottema Attorney al Law 50 Whitriey Squaze 210 North Second Street OFFICE OF THE CITY ATTORNEY �� 3 � Clnyfan M. Robi�nson, Ja, CiryAttorney � = c;vnDV.uro„ 400 Ciry Hall IS WestKetloggBlvd. Sainf Pn�d. Minnerota 55102 ��--�-�.� � �S � �s� --� '� 1�.�1�-k`�� 3��1 NOTICE OF COiiN Minneapolis, Minnesota 55401 Telephorse: 651 266-87(0 Fauimile: 6Sl 298-5619 RE: Application for Pool and Billiazd Hall, and related licenses by Thu Dinh Trinh d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West Our File Number: G00-0159 Dear Mr. Bottema: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 26, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opporiunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evadence will be received or testimony taken at this hearin�. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP James Wentzell, Acting Exec. Dir., District 7 Planning Council, 2093 Greenbrier St., Saint Paul, MN 55117 Aar-26-00 01:18pm from-NENNEPIN COUNTY PUBLIC DEFENDERS " +6123498179 T-175 P.U2 F-934 PPR-19-2@� IS�23 C'11Y UF `�I YIfiJL L1ti' eit eu� �inw i.ae..x p OFFICEOPL(CENSE.INSPECf10NSAND l..t/ ENVIROPAfEHiy_ PROTECTION Fromicesoa.nleier CiTY OF SAENT PAUL LOWRYPROFESS1GtvA1.8ui(dr,v[; � idcnncoteman.FAayor � �. tacwcor;w»zrss� b+.�vatwmmc55r4�5*o C�:�ZY.9�Z° t a9see to tne fof�owins eonaitions beirl9 P�aced on the followa�g r�cense{s): L�cense �: 19890007188 ... Type of Eusmess: Cigarettelfobacco MADS owned & toca�Ea at same business Orig�Ral Gonttiner PaW & Blliaro Hall APp�� by: THU DINH 7RINH Do�ng 6usiness As: SONG 7HaNH BiLLIARD as: 995UNIVERSITY AvE W ST PAUL MN 55104 Conaiuons.are as totiows: 7, Business w01 Gase no Iater shart 71:00 PM SunUay to Thursday and �2:00 PM on Friday and Satucqay. 2. Securlry wtp be provided in the p2r}cirtg �ot to eluninate Iatering antl unnECess2ry qistutAat�ces to the neighnarhood 3. S�gnage w11 be posted inside ana outside of !he twsiness ifzaf sracey that bitering, qrinking, usa of itteg8l SubSqnCeS, htf�ing an010ud no�s2s are proFiibitetl. 4. No gang eo�ors are allowea. 5. T ticer�see wai Caly pick �p fitte� in front of tne businass anC in the patking lot. - - mie, - � 2 �, — f� Licenaee Dat� TOTp_ P.02 �n e t�ie r�p icat�on o u in � taPR-26-2eea is:01 +51z3ae61�s — Trinh d!b/a Song Thanh Billiard — City s Exh. No. 5 pp-738 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINlSTRATIVE HEARINGS FOR THE SAINT PAUL CI7Y COUNCIL In the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jone� Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant City Attorney, on behaif of the City of St. Paul. Ms. Palmer, 400 City Hall, 15 West KeAogg Blvd. Saint Pau{, Minnesota 55102, appeared on behalf of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh d/b/a Song Thanh Billiard, the Applicant. The record closed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The Sf. Paui City Council will make the finai decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.� Pursuant to Minn. Stat. § 14.61 (1998), the City Council shall not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of fhe City Council's decision mZ si be served on the parties and the Administrative Law Judge by first class mail. Parties should contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for f{ing exceptions or presenting argument. ' St. Paul Legislative Code § 310.05 (c-1). 2 Minn. Stat. § 14.62, subd. I(1998). •i -' STATEMENT OF THE ISSUES The issue presented at this hearing was: Should the City grant a Poo! and Bi{liard Hafi and related ficenses fo the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Billiard, has applied for fhe necessary licenses to operate a pool hall at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiarrl ha!I, to sell cigarettes or tobacco products to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are located at the same address or near the Applicant's business. Also, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and EnvirQnmental Protection (LIEP) reviewed the application and recommended approval 4 4. As a courtesy, LiEP notified the local community council, the District 7 Planning Council, of the application, and gave the Planning Council the opportunity to request a{eyislative hearing. The Planning Council did request a hearing, and one was held. 5. The LIEP summarized the licensing application for tiie legislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Council, dated March 6, 2000, signed by Michael Samuelson, its Executive Director. It expressed the concerns ofi persons a�ho lived in �fose proximfi� to Mr. 7rinh's business. Attached to the lefter was a�etition signed by many neighbors who objected to the issuance of the ficenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particularly at ciosing time. It was also 3 Testimony of Kristine Schweinler. ° Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no direct evidence, it appears that the legislative heazing was held on April 17, 2000. 6 Ex. 3. ' Ex. 2. 2 s• ;� concerned about trash left along front yards, streets and sidewalks, and wifh late night tra�c from an exit onto Sherbume Avenue, a residential sfreet. 8. With the assistance of the legislative hearing officec, the District Council represenfative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. (n particular, Mr. Trinh agreed to the foilowing: • To limit fhe hours that the business operates, cfosing no lafer than 12:00 PM (sic) on Friday and Saturday; . To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; . To post signs in and out of the building stating fhat loitering, drnking, use of illegal subs*ances, lit�eri^g ard loud noisas are prohibited; • To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council. 11. Believing that Mr. Trinh and fhe Planning Council had reached an agreement, LIEP placed approval of the Appiicant's licenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the Cify Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Council Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Council's Physical Planning Committee had met on April 24, 2000, to consider the licenses, ircluding the conditio�s agreed upan by Mr. Trinh, �ut decided to continue its opposition to them because of the ongoing objections of the immediate neighbors to the business.�� 13. The City Council voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing. $ Ex. 5. 9 Id. 10 Testimony of K. Schweinler. '�Ex4. � Ex. 6. 3 00-738 14. Notice of this hearing was sent to 1VIr. Trinh and fo the Planning Council on May 10, 2000. 15. The LVEP continues to support the application and- recommends fhat the licenses be issued, wifh the agreed-upon conditions. 16. Mr. James Wentrell, the Acting Executive Direcfor of fhe Disfrict 7 Pianning Council, expressed the Pianning Council's concems. The Planning Council has continued to receive calls from neighbors objecting to the business, and apposes the issuance ofi the licenses. In particular, the neighbors are concemed about noise, especially at the time the business closes, litfer and traffic speeding in the nearby neighborhood. Mr. Wentzeil acknowledged that ofher businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons wsre not speaking English. Hov✓ev�r, Mr. i�Nenizeli could nct�rovide ar�y �eiaiis about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in effect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Planning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case 15 2. The Applicant received timefy and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule.� The City has provided notice of the hearing to the local community organization. 13 Testimony of K. Schweinler. 14 Tesrimony of K. Schweinler. ls Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310.05. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. C! r• : 3. The City has aufhorify to grant a license and to impose certain conditions on that license." 4. The Applicant has shown by a preponderance of the evidence that he has met the requirements for a license for pool and bilfiard hal(, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pool and billiard hail, with related licenses, be GRANTED. Dated this 27 day of June, 2000. Sever nes H yd' er Admi strative Law dge Reported: Tape-recorded (iwo tapes) MEMORANDUM Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr.. Trinh to address them, or for the Administrative Law Judge to evaluate whether they are suificient to warrant denying the licenses. Based on the evidence presented, the licenses should be issued. BdH " Saint Paul Legislative Code §§ 310.04 and 310.06. r� � � �' � � > �'' y : �;._�''�' �� - '~> .°�� e�..; .. :g; _4. - �Y` '�'_: --' . ��5' . ,:._�� June 27, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Pau(, MN 55102 RE: In the Matter of the Licen Thu Dinh Trinh, d/b/a Soi OAH Docket No. 15-2111 Dear Mr. Owusu: STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARIIVGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2'138 �i ti ��^. c- � •' , � � 1, ' r ,_ �.. _.. J �.EC'� � �� 20� �G� � � Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, BEV� �� NES HEYDIN R C� Administrative Law Judge Telephone:612/341-7606 BJH:cr Enci. cc: Virginia D. Palmer Kenneth M. 8ottema Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 • Fax No. (612) 349-2665 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CIIY COUNCIL in the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beveriy Jones Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Bou(evard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant C+ty Attosney, an behalf of the City of St. Paui. Ms. Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, appeared on behaff of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh dibla Song Thanh 8illiard, the Applicant. The record ciosed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.' Pursuant to Minn. Stat. § 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of the City CounciPs decision must be served on the parties and the Administrative Law Judge by first class mail? Parties should contact the Saint Paul Gity Gounci4, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. r� � � St. Paul Legislative Code § 310.05 (c-1). z Minn. Stat. § 14.62, subd. I(1998). I� ' STATEMENT OF THEISSUES The issue presented at this hearing was: Should the City grant a Pool and Biiliard Hall and related licenses to the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Biiliard, has applied for the necessary licenses to operate a pool hail at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiard hall, to sell cigarettes or tobacco products, to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are iocated at the same address or near the Applicant's business. Aiso, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and Environmental Protection (LIEP) reviewed the application and recommended approval a 4. As a courtesy, LIEP notified the locai community council, the District 7 Planning Councii, of the application, and gave the Planning Council the opportunity to request a leg�islative hearing. The Planning Councii did request a hearing, and one was heid. 5. The LfEP summarized the iicensing application for the iegislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Councii, dated March 6, 2000, signed by Michae4 Samuelson, its Executive Director. It expressed the concerns of persons who lived in close proximity to Mr. Trinh's business. Attached to the letter was a�etition signed by many neighbors who objected to the issuance of the licenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particulariy at closing time. It was also ' Testimony of Kristine Schweinler. 4 Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no d'uect evidence, it appears that the legislative hearing was held on April l7, 2000. 6 Ex. 3. ' Ex. 2. 2 r� � concerned about tsash left along front yards, streets and sidewalks, and with late night fraffic from an exit onto Sherburne Avenue, a residentiai street. 8. With the assistance of the legislative hearing officer, the District Council representative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. In particular, Mr. Trinh agreed to the foilowing: • To limit the hours that the business operates, closing no later than 12:00 PM (sic) on Friday and Saturday; • To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; • To post signs in and out of the building stating that loitering, drinking, use of illegaf substances, littering and loud noises are prohibited; . To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council,' 11. Believing that Mr. Trinh and the Pianning Council had reached an agreement, LIEP placed approval of the ApplicanYs {icenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the City Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Councii Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Councii's Physical Planning Committee had met on April 24, 2000, to consider the licenses, including the conditions agreed upon by Mr. Trinh, but decided to continue its opposition to them because of the ongoing objections ofi the immediate neighbors to the business." 13. The City Councii voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing.' g Ex. 5. 9 Id. 10 Testimony of K. Schweinler. � � Ex. 4. ' Ex. 6. 3 • t� • 14. Notice of this hearing was sent to Mr. Trinh and to the Planning Council on May 10, 2000. . 15. The LIEP continues to support the app4ication and recommends that the licenses be issued, with the agreed-upon conditions. 16. Mr. James Wentzell, the Acting Executive Director of the District 7 Planning Councif, expressed the Planning Council's concems. The Planning Councii has continued to receive calis from neighbors objecting to the business, and opposes the issuance of the licenses. In particular, the neighbors are concerned about noise, especially at the time the business closes, litter and traffic speeding in the nearby neighborhood. Mr. Wentzell acknowledged that othes businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons were not speaking English. However, Mr. Wentzeil could not provide any details about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in efFect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Pianning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. 6ased upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paui City Council have jurisdiction in this case. 2. The Applicant received timely and proper notice of the hearing and the City has complied with ali relevant substantive and procedural requirements of statute and rule.' The City has provided notice of the hearing to the local community organization. L3 Testunony of K. Schweinler. 1d Testimony of K. Schweinler. 15 Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310A5. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. � i� � 3. The City has authority to grant a license and to impose certain conditions on that license.'� . 4. The Applicant has shown by a preponderance of fhe evidence that he has met the requiremenfs for a license for pool and billiard hall, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pooi and billiard hall, with related ficenses, be GRANTED. Dated this 27 day of June, 2000. Bever nes H yd� er Admi strative Law dge Reported: Tape-recorded (two tapes) RiI�1�[7:7_r.I�II� Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr. Trinh to address them, or for the Administrative Law Judge to evafuate whether they are sufficient to warrant denying the licenses. Based on the evidence presented, the licenses shouid be issued. BJH " Saint Paul Legislafive Code §§ 310.04 and 310.06. � �-73�' STATE OF MINNESOTA) ) Ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahi, being first duly sworn, hereby deposes and says that on the 27th day of June, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION; OAH Docket No. 15-2111-12935-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuais named herein. Fred Owusu, City Cierk 170 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 Kenneth M. Bottema Attorney at Law 210 N. 2" St., Suite 50 Minneapolis, MN 55401 Subscribed and sworn to before me this � day of June �.Le LJ o � Notary Public � „ ••• `q IeVON REGAN � xonmwauc-�eafaoa • MYCOl�NAISS�oND�iR64 , �"+�,',,,. JIWUARY31.2005 Virginia D. Palmer Assistant City Attorney 15 W. Kellogg Blvd., Suite 400 St. Paul, MN 55102 �1 e�tCX. Cindy Ring a I , 2000. <. '_ s v� . OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard CITY'S PROPOSED EXHIBITS June 20, 2000 TO: Judge Beverly Jones Heydinger, Adminisirative Law Judge, Qffice of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consritutes a list ofthe City's proposed e�ibits for the Administrative Hearing on June 20, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 E�. No. 3 E�. No. 4 E�. No. 5 E�. No. 6 Exh. No. 7 Description License application, dated December 10, 1999 (4 pp.); Letter from Michael Samuelson to Gerald Strathman, dated March 6, 2000 t PP•); License Application Suminary (1 p.); Letter, with attached petition and license conditions, from Michael Samuelson to Council Member Jerry Blakey, dated Apri126, 2000 (5 pp.); License conditions, signed April 26, 2000 (1 p.); Action Minutes of the Saint Pau1 Giry Council for Wednesday, Apri126, 2004 (8 pp•)> Notice of Hearing, dated May 10, 2000, with Affidavii of Service (3 pp.). � Also attached please find courtesy copies of applicable St. Pau1 City ordinances: St. Paul Legislative Code § 310.05 St. Paul Le�slative Code § 310.06 ' St. Paul Legislarive Code Chapter 322 Bowling Centers; Pool Halls Respectfully submitted this 20th day of June, 2000. �� Virginia . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �y � � 3 Y' � / � r �� /)/��!�''� ( 1 r J / V CLASS N LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRI�IT I�` INK CITY OF SAIr,*f PAUL Office of Lianse, fnspeaions and Envimnmencat Prorer,ion J50 Sc Pctc Sc Suim ICO SainaPaut.Stins�cw�a SSt�l (65p?669090 (x(55q?66-91'a � �n� � ��.� LICENSES AF2E tiOT TRtiYSfER4BLE PAI'viE�T bItiST BE RECEIVED �VITA EACH .�.PPLICATIO� i ( n Type of License(s) being applied for. � k / " �� --L?�,f% ;�� S �,��i �` �1/7 iil' �_ '�.�� %r?'�.�' �I-�!'/. � S � l � i � n O l��./� A%.��. S J� .�� ..1 < Projected date of opening: � y' � ��lr G{�i �-'� �a '- 30 ,� Company Name: Coryoranon / Parmershi / Sole Proprierorship � If business is incorporated, give datz of incorporation: BusinessName(DBA): Business Address (business location): BusinessPhone:(�c��l ��- I(��j Street(m,Name,Typt,Direc[ion) Q Ciry S[are Zip-i Bznveen what ccoss streets is the business located? Which side of the street? Are the premises now occupied? _ � 2 �Vha[ Type of Business? _ ` h�� ' vfail To Address (if diPfzrent than business address): Sa�n-t,t� Strett (�, Namz, Type, Direction) Ciry Stace Zip-4 Applicant Information: � `� Name and Title: � N l� 1) � ny �-{ �'�� {-f () �,(,� �,(,(,(/ ±int C n � ,� Middle , MaiB �. ,, �� Last Tide Home Address: o� � S[reet (R, Name, Typt, Direction) � Ciry Stare Zip�4 DateofBiRh: [��, - I��- ( � PlaceofBirth: � i2�tv�i�;` omePhone:(�1 �y7-�i6�'� Have you ever been convicted of any felony, crime or violation of any ciry ordinance other than trafTic? YES _\O �_ Date of arrest: Charge: _ Conviction: Sentence: List licenses which you currently hold, formerly held, or may have an interest in: �/t p rn �� Have any of the above named licenses ever been rewked? YES �_ KO If yes, tist th; dates and reasons for revocation: Are you �oin� ro operatz this busmess personally? �_ YES NO If not, who will opzrate it? � F�rstName Middlzlmfiat (Maiden) L�st DateofBitth Hume AddresS= S[ree[ (K, Name, Type, Arz you goin,g to have a manager or assistant in this business? opzrator, please comptere [he following information: First Namz �Lddle Imtial Where? (hlmden) S Zi,r4 Phane Num6zr YES � (� i�t0 If the manager is not the same as the Date of Birth tiomt Address: Strze[ (�, Namt, Typz, DirecUUn) C�ty � °° "--' o�^^°'� n e iceL nse Application of Thu Dinh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. l List all other officers of the coiporation: OFFICER TITLE HOME NA�IE (Office Held) ADDRESS H0�1E BliSNESS DATE OF. PHOtiE PHONE BIRTH Y If business is a partnership, please include [he following informa[ion for each partner (use addinonal pages if necessary): 5G 1�� n,��; ,z,, � �- �„ .. First Name � N� • i�.�awcn� Last Da[e o( 8itth Home Address: Stree[ (�, Name, Typz, Dircction) Ciry State Zip�4 Phone Vumbev Pirst Name Middle Imnal (Maiden) � Date of Birth Home Address: Street (�, Name, Type, Direction) C Y State Zip-; Phone Number MIWESOTA TAX IDENTIFICATIOV NL1MgER-Pursuantm the Laws ofMinnesota, 1954, Chapter�02, Artide 5, Section 2 (270. i2) (Tax Clearance; Issuance of Licenses), licensin� authorittes are required [o provide to [he State of �finneso[a Commissioner of Revenue, the Minnesota business tax identification ntimber and the sociai security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we arerzquired to advise you of the following regarding the use of the Minnesota Tax Ideniification Number. - This information may be used to deny the issuance or renewal of your license in the event you o�ve Minnesota sales, employer's withholding or motor vehicle excise taxes; -Upoareceivin�thisinformatioq[helicensineauthoritywillsupplyitonlytotheMinnesotaDepaRmenrofRevenue. Ho�vever, under the Federal Exchanoe of Information A�reement, the Deparcment of Revemie ma} supply this information to the Intemal Revenue Service. Minnesota Tax IdentiFication Numbers (Sales & Use Tax Number) may be obtained from the State of Mmnesota, Bustness Records Department, ]0 River Park Plaza (612-296-6131). Minnesota Tas IdenUfication Number: `T'J l�� j ❑ If a Minnesota Tax Identification Number is not required for the business beine operated, indicate so by placin� an "X" m the box_ +NT TO MIN\ESOTA STANTE 176182 ensation insurancz co� eraee requirements ofMinnzsota ion in this certificxcion constirates sufficient groueds for said licenses. �m I� ITIALS) to 09�01/IJ')9 Please list your employmen[ history for the previous five 5 �— � � ( ) year period: 00-738 .ANY FALSIFICATIOY OF A\S�VERS GIVEN OR �IATERI?.L SUB�IITTED �VILL RESliLT IV DE\IAL OF THIS APPLICATIO\ I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and correct to the best of my knowledge and belief. I hereby state fuRher that I have received no money or other consideration, by way of loan, giR, conhibution, or othenvise, other than already disclosed in the application which T herewith submitted. 1 aiso understand this premise may be inspected by police, fire, health and other city officials at any and all times when the business is in operation. Signature (REQUIRED tor all Prefeaed methods of communicarion from this ofFice (please ranlc in ordzr of prefzrence -"I" is most preferred): _ Phone Number with acea code: ( ) Extznsion (Circle the type of phone number you have listed above: Business Home Celi Fax Phone Numbec �vith area code: ( ) Extension (Circle the type of phone number you have listed above: Business Home Czli Mail: IntemeC E-Mail City Fax Statz Date Pa�er ) Pager ) �Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). PAYLYG BY CREDIT CARD PLEASE COhIPLETE THE FOLLO�T'LVC INFOR�YIATION: ❑ MasterCard � Visa EXPIRATION DATE: ❑�/�❑ of of Card all Da[e **Note: If this application is FoodlLiquor relared, please contact a Ciry of Saint Pau1 Health Inspector, Steve Oison (Z 66-9139), to reciew plans. If any substantial chan�es to structure are anticipated, piease con[act a City of Saint Paul Plan Examiner at Z66-9007 to apply for buildin� permits. Ff there are any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zonin� Inspecror at266-9003. Alt applicatians require the tolLowing documents. Please attach these doeuments �chen submitting your application: 1. A detailed description of the design, location and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8%x" x 11" or 8%z" x 14" paper): - Name, address, and phone number. - The scale should be stated such as 1" = 20'. ^N should be indicated toward the top. - Placement of all pertinent features of the interior of the licensed facility such as searin� azeas, kitchens, offices, iepau azea, parking, rest raoms, etc. - If a request is for an addition or expansion of the licensed facIlity, indicate both thz current azea and the proposed expansion. 2. A copy of your lease a�ceement or proof of ownership of the property. Y�0 Cl�xU � v� Sti f��.� SPECIFIC LICE�SE APPLfCATIONS REQUIRE ADDITIONAL IvFORi��IATION. PLEASE SEE REVERSE FOT2 DETAILS >>>> Street (�, Name, Type, Direction) ACCOUNT NUMBER: i�■■■ ■■■■ ■■■■ ■■■�� 09/O V I999 If a�plying for, �� : Cabaret adult, please attach written proof that each employee is at least 18 years old. Concersation/Rap parlor adult, please attach written proof that each employee is at least 18 years old. Entertainment, please specify class A, B, or C ticense; obtain and attach si�natures of approval from 90% of your neiohbors u ithin 3�0 fzet of the estabtishment. This license must be applied for in conjunction with a Liquor, �i%ine, Malt On Sale or RentaUDance Hall license. Firearms, please attach a lerer with the foilowin� information: state if selling or only repairing, Federal Firearms License \�umber, type o£Armed Services discharge (Honorable, General, Bad Conduct, Undes¢able, Dishonorablz, or no military service. (\OTE: Establishment must be commezcially zonzd.) Game room, please provide the following information: name of machine and list price. (\ OTE: A Pool Halllicense is requirzd if there are any pool tables in the estabtishment.) Health/Sports ciub adult, please attach �vritten proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor application. Massage center, please attach a detailed description of the services being providzd. llassage center adult, please attach written proof that each employee is at least 18 years old. Massage practitioner, please submit proof of successful completion of �vritten and practical exams from the City of Saint Paul authorized examiner; submit insurance certificate showing coverage of$1,000,0OO.OQ each eeneral liability andprofessional liability with the City of Saint Paul named as an additional insured, and a 30 day notice of cancellation; submit proof of affiiiation &om a licensed City of Saint Pau! therapeutic massage center or state licensed heaith facility . Mo[orc��de dealer, please include State of Minnesota Dealer Number. Ye}v motor vehicle dealer, please include State of Minnesota Dealer Number. Parl:ina lot or Parking ramp, please include the number of parkin� spaces, and attach plans containing a general description of the security provided at the IoVramp, a site plan showin� driveways of the proposed lot and thz legal description of [he property ([his requirement necessary only ifno site plan is cuaently on file). Attach a cover letter describin� your plans to compiy with the li�htin� and painting requirements. Pawnbroker, please attach $5,000.00 Surery Bond. Second hand dealer-motor vehicte, please include State of Minnesota Dealer tiumber. Second hand dealer-motor vehicle parts, please attach 55,000.00 Surery Bond. Steam room/bath house adult, please attach written proof that each empfoyee is at least 18 years old. Theater adult, please attach written proof that each employee is at least 18 years old. 09'01 / I 999 /:- _ F , � ;,,� .:;. __;i,--: -: District 7 Planning Council 689 North Da1e Streer Saint Pau� lYlinnerata 55103-1644 657/_�9&5068 (offue) 65UZ98-5072 (f� d'rsmu7thom¢� da�e@excilecam (e-mail) March 6, 2000 NIr. Gerald Strathman Legislative Hearing Officer 310 City Hall 15 West Kellogo Boule�azd St Paul, MN 55102 DearMr. Sa�athman_ �ii.'�,� � � �:� �" : . iil � �� DO On behalf of the District 7 Planning Councii, I am wiiting you to express our concerns regarding the application for a pool hali, ori�ual coataiaer and cigareite 2icease for the business which has been opezating at 995 West Univezsity Avenue for over two years now. We reviewed tius application at our February 24 board of direciors meeting where we passed the following motion: Th� �e �� (Thomas Da1e) Planning Council recommead that the applicaiion for ool h ' al er and cigare Iicense being made by Thu Dinh Trinh, dba Song Thanh Billi 995 West Universiry Avenue, b denied. W g xn the Thomas Dale Block Club, an additional community meeting was held on Tuesday, February 29 to review this licensing applicarion with neighbors and the owner of this business. At that meeang a petition signed by 29 of his neighbors [o [he north who oppose this applica[ion was presented to Mr. Trinh. We discussed severai concems chat [hese neighbors have said tfiey have had during the almost �`h'o Y�rs t�at this pool hall has been open. Thesa concems included 1). Loud noise (fi.rom both voices and car stereos) and rude behavior from his panrons, paraculaziy when they leave ai closing time; 2). Trash and debris Ie8 along front yards, streeGS and sidewatks; 3). Late night use of the Sherburue Avenue entiancelexit from the paz3flng lot that serves the tenants of 995 West University Avenue. This unrestricied use allows �anY unwanted cazs to come in and out of the parking Iot az all hours along this residentiai strees and has been a source of disiurbance for these residents. We aLso taiked briefly about the faci that none of the interior entrances to Hie pooi hall opens directly to the outside and rhe potenriat safety coacerns this briugs up for both the ciry and our community. In addidoa to this discussion, we reviewed with Mr. Trinh the possibility of sevezai business opeiacion conditions that couid be pIaced on his ficense to operate if the cuy �ves its approvat to siay open at this locadon He has agreed to consider having night time securiry; cIose off the Sherburne Avenue entrance/exit to the parking lat, ailowing customers to only enter his business via the University Avenue doorway; that no gang coIors be allowed; that signage be posted inside and outside that states "uo loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus tisting the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Satarday. Piease note that by heIping Mr. Trinh to come up with these� business opeiaring conditions, we have not taken a position to support tius application. oundi ResBarctt Ce�tef �k� �� Our 30th year of servire to the neighborhaods nf Mt Airy, Capiin! Heighu, Lower Rice Slree� Frogtvwn und $ . I970 - 2000 �� icense pp ica on o u in _ Trinh d/b/a Song Thanh Billiard — City's Exh. No. 2 � 1 � 8 I wouId like to take this opportunity to express our displeasure with fiow this license appficatioa has b�n handIed by the Depaztment of 7nspecrion, Environmental Pmtection and Licensing (I-IEP)• When Mr. Trihn and � up dus business in eariy 1998, having relocated from the "Crazy Louie" building ai Virginia ersity, odged a protesi with r.TF'P � he did not have a license to operate at this new Iocario� It took �e city atmost two yeazs to respond to this maaer. This is noYacceptable 6ehavior by this departmeut and it should not be tolerated_ It is not fair to either the proposed busine�s oP�r nor to the residents of this commimity, perh�p� we couId have avoided maay of the problems our residents have experiencad as resuIt of this business being open without any mitigating conditions being piace3 on it from the beginning. Please conracc me at 6511298-Sd68 if you ne�3 any further informa,�on regarding ouc position on this licrnsing matter, Sin�� Michaei Samueison Executive Direcior enc: Perition from T'homas DaIe neighbors opposing this business. � cc: Thu Dinh Trinh, do Song Thanh Billiards; Ktistina Schweinler, LIEP; Ivlayor Norm Coleman; Midway Chamber of Commerce; Frogrown Acrion AIliance; Council member 7erry Blakey; District 7 Planning Council Board of Direciors; Thomas ,Avenue Block Club; PeLer Vang, owner of 995 W. University Avenue; University iJNITED; progtown Times Newspaper, Concemefl Thomas ]]ale azea residents. � ,• � OFF[CE OF LICEYSE, INSPECTIONS AND ENVIRO�Y�iIENCALPROTECTION Raben Kus[er, Director CITY OF S�T PAUL Narm Colemnn, .Yfayor LOWRYPROFESS/ONALBUlLDING Telephone:65d-?66-9090 � 350 Sc Peter Srreet, Sutte 300 Facsimile: 65/-?66-9099 SaintPnul,,Ninnesata �5102-l5l0 6i!-?66-9!?l LICENSE APPLICATION SUMMARY Date: Monday, April 17, 2000 @ 330 PM LicenseID: 19990007188 License Applicant: Thu Dinh Trinh License Type: DBA Son� Thanh Billiard 995 University Avenue W. Pool & Billiazd Hall MAD's 2 Cigarette/Tobacco Original Container License Conditions: None Requirements: MAD's - Need Machine List Ori�inal Container - Pending Environmental Health Final Approval Pool & Billiard Hall - Pending Cigazette/Tobacco - Approved Pending Adverse Actions: None Current Licensee LIEP Recommendation None Recommend Approval n - n � — �'/ � ,�1,� n ,,, J ��t,w� L EP StaffRepresentative �� .�� a C.eh'' ,. �n e t e icense pplica�Thu inh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 3 � . Y � � � � t�� - � r= < �;�- ��i'°� Y-.�(l i��_I Q�a 1 %"� M� . F��? �'�1 / DistYict 7 Planning Council 689 North Dale Street Saint Paul, Minnesota 55103-I644 651/298-5068 (offtce) 651/298-5072 (fax) dislrict7tham¢sdal�cite.com (e-mai!) Apri126, 2000 Council member Jerry Blakey 310-A Ciry Hall 15 West Keilogg Boulevard St. Paul, Minnesota 55102 Deaz Council member Jerry Blakey: On behalf of the District 7 Planning Council, I am writing you to express our confinued concem regarding the application for a pool hall, original container and cigazette license for the business which has been operating at 995 West Universiry Avenue for over two yeazs now. As you were informed by the receipt of a letter to Gerald Strathman, Ciry Council Research Director on Mazch 6, the district council reviewed this application at our February 24 boazd of directors meeting where we passed the following motion: That the District 7(Thomas Dale) Planning Council recommend that the application for a pool hall, original container and ciaarette license being made by Thu Dinh Trinh, dba Song Thanh Billiards, 995 West University Avenue be denied. As you are also aware, we have been working with the Thomas Dale Block Club and with them an additional community meeting was held on Tuesday, February 29 to review this licensing application with neighbors and the owner of this business. At that meeting a petition signed by 29 of his neighbors to the north who oppose this application was presented to Mr. Trinh. We discussed several concerns that these neighbors have said they have had during the almost two yeazs that this pool ha11 has been open. These concerns included: 1). Loud noise (from both voices and caz stereos) and rude behavior from his patrons, particularly when they leave at closing time; 2). Trash and debris left along front yazds, streets and sidewalks; 3). Late night use of the Sherburne Avenue en[rance/e�tit from the parking lot that serves the tenants of 995 West University Avenue. This unrestricted use ailows many unwanted cars to come in and out of the parking lot at all hours along this residential street and has been a source of disturbance for these residents. We also talked briefly about the fact that none of the interior entrances to the pool hall opens direcdy to the outside and the potential safety concerns this brings up for both the city and our community. In addition to this discussion, we reviewed with Mr. Trinh the possibility of several business operation condirions that could be placed on his license to operate if the city gives its approval to stay open at this locauon. He has agreed to consider having night 6me security; ciose off the Sherbume Avenue entrance/exit to the parking lot, allowing customers to only enter his business via the University Avenue doorway; that no gang colors be allowed; that signage be posted inside and outside that staies "no loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus listing the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Saturday. Please note that by helping Mr. Trinh to come up with these business operating conditions, we have not taken a position to support this application. Our 30th year of service to the neighborhoods ofM� Airy, Capitol Heights, LowerRiceStreet, Frogtown a � ■ 1970 - 2000 �n e. e icense pp icI' o u m — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 4 cx��73g As a result of severaI stated objections to this business application, Mr. Sh called for an Legislative Hearing to further review this licensing application on April 17. As you know, he has decided to forward his recommendation to the ciry council that this pool hall license be granted wiTh the provisian that several of ihe sug�ested conditions that were ag�eed upon would be irriposed on this business (see the enclosed list). Our Physical Planning Committee met on Apri124 and reviewed this matter once again. Those in attendance have decided tha[ in spite of these condiCions that the district council must support the thirty plus immediate ne3ghbors of this business and continue our opposition to this business. We respectfully request that you pull this matter from the consent agenda from your Apri126 City Council meeting and either refer this matter to be reviewed by an Administrative Law Judge or hold a public hearing before your body so that a case can be made by those most negatively affected by this business that it should be closed down. Please contact me at 651/298-5068 if you need any further information regardina our position on this licensing matter. Sincerely, r�� Michael Samuelson Executive Director � _ enc.: Petition from Thomas Dale neighbors opposing this business; Proposed operation conditions for this business. cc: Thu Dinh Trinh, c/o Song Thanh Billiards; Kristina Schweinler, LIEP; Mayor Norm Coleman; Midway Chamber of Commerce; Frogtown Action Alliance; Council member 7erry Blakey; District 7 Planning Council Board of Directors; Thomas Avenue Block Ciub; Peter Vang, owner of 995 W. University Avenue; University LTNITED; Frogtown Times Newspaper; Concemed Thomas Dale area residents. 2 �-�3� i, � _. � ' C � ° �'-� l`: r -. Petitiori - - � �7e the undersigned Neighbors & Business of the Thomas-Da�e Neighborhood oppose the issuing license for the Pool & Billiard Hall, Original Container & Cigarette/Tobacco at the building tocate 995;University in the City of St. Paul. � � Address :z ia�� ,��,� �3 ,, 6� � / � - / , `� � �( � � .�, I� G :: � � ��G� s {j2y-�G�rh� /sC /UO�, ,�'/-/CiZ.SG�iI'� O 00 �.S' ( � /03_3 .sd��P R�7 she�-.b � Aip/�/YIH�O l v7_ � �'/G< �i.yn/� � ��,.�ll _•rE7a rr�a. t3ve. [ -� �' �v ^�r�JN.21,ts. � �� Iaz3 s/�c��e�,r�pJ to t9 �,�r}�19rr��Z�Ye T 0�7.�`c e k.Ov�.�E /ot3.� C/1,9�Zt3'f3�s I�U C t� orlfc. i� �� ,v�--� �q�� ta��rs �( VK �qal .si,�� h� �� $ c ��es /U�d �/r� r/e 5 1 l�� S • s-: �i+i ev. � • d d � O �K � c�`l , =-�i�-c� a O�L �� _� �c�-738 PeEitio�� We the undersigned Neeghbors & Business of the Thoma.s-Daie Neibnborl�ood oppose the issui license for die Pool & Billiard Hall, Original Container & Cigarette/Tobacca at the buildi�ig loc 995 Uaiversity in the City of St_ Paul. � Name (printed) : �..-1'lL-�-�'C_��.t:`.� �,�� . " � .�r . ;,�(. ,,� i � ::, , ;;: ,.. . . >' .4� . >S ;�� . _ . � l' _'. ' . .. . . i Y� i.. 'i � y"tin :.:�+_P'. i' Address l �Gc� �� S• � �}G`L��O ('(n('i4 �'O qqo cl,._-r(�5 `'��t 6 c;�-rn.�F s O/R Q ... ;:.� RPF.-15-�@� � F19 � 35 CITY OF SA1NT PAUL Norm Coleman. Mayor CITY GF ST PqLiL LIEP oi2 266 9124 P.02 t�=73� QFFlGE OF LtCENSE, tNSPECTlONS ANp E13VIRONMEN7AL PFi07ECTION PcCaR Kes�er.OanGOr � LOWf7YPROFE5S/0iL'4L6VILOSNG rxcnmr.resvueasosc s�osw F,«z.: rasr,�se-uec 950 SC vaiy�get ;05�� 2069ty: Szn: vwi e.e.x:esaa:stiz-;s» f agree to the foGowing conditio.�s being ptacad on the follpwing Gcense(5): Ucense #: � 9950007'188 Type of Business: Ciga�etta(robacco tv1A�s aHmed & tflcated at same business originai Con;ain� Pool & BiNiard fiaS{ Appiied for by: THU DINH TRINH Doing Business As: SONG THANii BILLIARD at 99511NIVERSSTY RVE W STPAUL MN 55104 R�� Conditions are as follows: 1, 8usiness wiii close �o later than 11:6p PM Sunday to Tfiursday and 12:40 PM on Fridsy bnd Sa:urday. 2. Security wiU he grovided ia the parking lot to eliminafe loitering and unnecessary disivrbences Eo the neighborhood. 3. Signage wiil he posted inside a�d outside af the business thet states that loitering, crinking, use of i:legal substances, littering and bud noises are prohibited. 4. No gang colors are aitawed. � 5. 7he licensee wili dafty pick up litter in front of the business and in 2he parking Iot. Licensee Date TOTFL P.02 Apr-26-�0 01:18pm From-HENNEPIN COUNTY PUBLIC DEFENDERS +fi123486179 T-175 P.02 F-934 �. RPR-19-20�0 15�23 C11Y UF 5i F4M_ L1tY o,,t cu� �ic4 �..x�� a0 OFFICE Of LCENSE. INSPEL'f10NSMiD ENV{RaSDAENiALPROTECTIOnt RcwnR�sWL aiver � CITY OF SAINT PAUL L� rwa.w. �ss+�� ram, cae��,. r�a � s Rw. sesa F� cus�l z6,� 9+nFentw�asmSft0.�5ta f�:12Y.9i2t t agree to tne fofiowinS eontl�ons Deing pfaced on the foAowag I"�e(s): License 3t: 19990007188 Type of 6�,siness: CigarelteJfabacco MADs owned 81oc3setl ai same business Origutat ConUtiner Po01 & Blii2rp Hali APPI� � bY. THU DINti TRINH Domg Business Rs: SONG TFIANH BiLL1ARD as: 995UNNERS�TY AvE W ST PAUL MN 55704 COn6iliOTi9 3�e 2S i01fOWS: �, Business wlll dose rro later man 7 �:00 PM Suneay to Thursday and 12:00 PM on Friday ana SatLrtlay- 2. Securlty wAl de ptavided �n the parkinglot to elimi�te idtering and unnecessary qiguitDances to tha neighbachood 3. Signage wll be posietl inside and outside of the business 2hat srates [hat toit9ring, arintcing, use of ittegat subspnces, LsfeJing a�o los,d noises are prohiDited. _ a. No gang eotw•s are allowea. 5. �iceasee �val 4aily picic up Iitter in front of ine business ana in trte parking lot - �Q�" � 2 �, - t��_ ��g� Dat Ta7f7�. P.02 �Zte tl e icense pp icarion o u m APR-26-2000 15� 01 +6i23ae6i�9 — Trinh dJb/a Song Thanh Billiard — City s Exh. No. 5 � C TTY �F �� 9� O ' .3 a IIIIfl�� ;illl ^a � IIH� �� a h w � ISb � �• : ACTION MINUTES OF THE SAIN7' PAUL CITY COUNCIL Wednesday, April 26, 2600 - 3:30 = 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Councii Present - 6--Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1- Coleman (arrived later in the meeting) CONSENT AGENDA (Items 1 - 1'� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. TFIERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1 2. � n Approval of Minutes of April 12 and Closed Door Session of April 12, 2000. Adopted Yeas - 6 Nays - 0 Claims of Gregg De Shon, Christine Marien, and William White. Referred to the Employee/Risk Management Office Summons and Complaint in the matter of Eddie D. Carr v. the City of Saint Paul. Referred to the City Attorney's Office Order to Show Cause for Proceedings Subsequent, 175 West Seventh Street. Referred to the City Attorney's Office ��I�e f e�icense pp tca ►on o iu in � _ Trinh d/b/a Song Thanh Billiard -- City's Exh. No. 6 �r . April 26, 2000, City Council Action Minutes Page 2 5. Letter from the Office of License, Inspections and E�avironmental Protection announcing a public hearing before the CiTy Council on May 24, 2000, to consider app]ications from the Saint Paul Saints Baseball Club for sound level variances for concerts to be held at Midway Stadium, 1771 Energy Park Drive, on July 14, 2000, from 3:00 p.m. to 10:00 p.m., and August 26, 2000, from 1:00 p.m. to 10:00 p.m. 6. Resolution - 00-378 - Revoking the TaYicab Driver's License held by James Manneh. Adopted Yeas - 6 Nays - 0 7. Resolution - 00-379 - Approving application for Pool and Billiard Hall, Cigarette/Tobacco, Original Container, and MADs (mechanical asr�usement ^ devices owned and located at same business) licenses by Tru Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. (Legislative Hearing Officer recommends approvai with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 8. Resolution - 00-380 - Authorizing a lease purchase agreement for RiverCentre Parking Ramp improvements and authorizing the execution of the lease, bond purchase agreement, and continuing disclosure agreement. Laid over to May 10 Yeas - 6 Nays - 0 9. Resolution - 00-381 - Authorizing the Deparhnent of Planning and Economic Development to enter into a joint powers a�eement with MnDOT for the State's cost participation in the Phalen Boulevard EIS and a budget amendment for the $350,000 payment by the State toward the EIS. Adopted Yeas - 6 Nays - 0 10. Resolution - 00-382 - Amending the 2000 budget in the Department of Pianning and Economic Development by adding grant funds in the amount of $396,878 received from the Metropolitan Council for a cleanup project at 720 Payne Avenue (Fiamms Building). Adopted Yeas - 6 Nays - 0 11. Resolution - 00-383 - Authorizing the Police Department to enter into an agreement with the Public Housing Agency of the City of Saint Paul. Adopted Yeas - 7 Nays - 0 � Apri126, 2000, Ciry Council Action Minutes Page 3 12. Resolution - 00-384 - Increasing the 2000 spending and financing plans in the Police Departrnent for a U.S. West donation to piace�ceilularphones in 35 police squads. Adopted Yeas - 6 Nays - 0 13. Resolution - 00-385 - Establishing a 2000 spending and fmancing plan in the Police Departrnent for the Safe and Sober Grant. Adopted Yeas - 6 Nays - 0 14. Resolution - 00-386 - Establishing a spending and financing plan in the Police Department for the remaining 1997 Federal Asset Forfeiture Funds. Adopted Yeas - 6 Nays - 0 15. Resolution - 00-387 - Approving the decision of the Legislative Hearing Offic2r on Property Code Enforcement Appeals £or properiy at: 73 Leech Street, 795 Sixth Street East, and 1223 Selby Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution Approving Assessment - 00-388 - In the matter of grading and paving alleys in Wards 2, 4, & 6(1997 Project), and setting date ofpublic hearing for June 28, 2000. (File #18867, 18868, 18899, 18902) Adopted Yeas - 6 Nays - 0 17. Resolution Approving Assessment - 00-390 - In the matter of suznmary abatements (snow and/or ice removai) for January and/or February, 2000 (JOOOlAl); demolition ofvacant buildings during January, 2000 (JOOOIC); summary abatements (property clean-up) during March, 2000 (J0002A); and boarding-up vacant buildings during February, 2000 (J0002B); and setting date of Legislative Hearings for June 6, 2400, and City Council Hearings for June 14, 2000. Adopted Yeas - 6 Nays - 0 1� 3 g Aprii 26, 2000, City Council Action Minutes FOR DISCUSSION Page 4 18. Administrative Order: D001882 Authorizing payment by Marketing & Promotions for activities related to implementation of the year 2000 marketing plan. (Laid over from April 19) Noted as on file in the City Clerk's Office Yeas - 7 Nays - 0 ORDINANCES 19. Third Reading - 00-315 - Rezoning portions of the Wilder Foundation's Rarig Campus to resolve split zoning of newly platted property. (Public hearing hetd February 2, 2000) Laid over to May 3 for final adoption 20. Second Reading - 00-374 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to permit dogs to be unrestrained in posted off-leash dog areas of the Saint Paul park system. Laid over to May 3 for third reading/public hearing 21. Second Reading - 00-375 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to permit dogs to be in posted off-leash dog areas without restraints. Laid over to May 3 for third reading/public hearing PiTBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 22. Third Reading - 00-357 - An ordinance amending Sections 73.03 and 73.04 of the Saint Paul Legislative Code relating to the membership of the Heritage Preservation Commission. Amended and laid over to May 3 for final adoption Yeas - 7 Nays - 0 23. Resolution - 00-391 - Revoking the provisional operator license for a taxicab driver issued to Malik Abdelrazig for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 �-� 38 Apri126, 2000, City Council Action Minutes Page 5 24. Resolution - 00-392 - Revoking the provisional operator license for a taxicab driver issued to Emmanuel Asabere for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 25. Resolution - 00-393 - Revoking the provisionai operator license for a taYicab driver issued to Awalchew Cherto for failure to enroli in the ta�cab driver training course. Laid over to June 14 Yeas - 7 Nays - 0 26. Resolution - 00-394 - Revoking the provisional operator license for a ta�cicab driver issued to Harold Dickens for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 27. Resolution - 00-395 - Revoking the provisionai operator license for a ta�cab driver issued to Frank Durkin for failure to enroll in the ta�cicab driver training course. Adopted Yeas - 7 Nays - 0 � 28. Resolution - 00-396 - Revoking the provisional operator license for a taxicab driver issued to Alfred Flores for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 29. Resolution - 00-397 - Revoking the provisional operator license for a taxicab driver issued to Ghani Habib for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 30. Resolution - 00-398 - Revoking the provisional operator license for a taxicab driver issued to Scott Kern for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 31. Resolution - 00-399 - Revoking the provisionai operator license for a taYicab driver issued to Lisa Kraemer for failure to enroll in the taxicab driver training course. - Adopted Yeas - 7 Nays - 0 32. Resolution - 00-400 - Revoking the provisional operator license for a taYicab I�j1 i April 26, 2000, City Council Action Minutes Page 6 driver issued to Willis McKinley for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 33 34. 35 � 37 C�$? 39 ,� Resolution - 00-401 - Revoking the provisional operator license for a taxicab driver issued to Carroll Nelson for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-402 - Revoking the provisional operator license for a taxicab driver issued to Ousham Omar for failure to enroll in the taxicab driver traininb course. Adopted Yeas - 7 Nays - 0 Resolution - 00-403 - Revoking the provisional operator license for a taxicab driver issued to Tyrone Pringle for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-404 - Revoking the provisional operator license for a taxicab driver issued to Mark Remley for failure to enroll in the ta�cab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-405 - Revoking the provisional operator license for a taYicab driver issued to Michael Anthony Robertson for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-406 - Revoking the provisional operator license for a ta�cab driver issued to Eric Wenzel for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-407 - Concerning adverse action against the Auto Repair Gazage License held by Frank Gaston, dba Frank's Auto Service, 150 Concord Street. (Uncontested) Laid over to May 3 Yeas - 7 Nays - 0 Resolution - 00-408 - Granting the Saint Paul Saints Professional Baseball Club a sound level variance for a concert to be held at Midway Stadium, 1771 Energy �) : Apri126, 2000, City Councii Action Minutes Page 7 Park Drive, on June 11, 2000, from 3:00 p.m. to 10:00 p.m. Adopted Yeas - 6 Nays - 0(Reiter not present) _ 41. Resolution - 00-409 - Ordering the owner to remove or repair the buiiding at 987 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0(Reiter not present) 42. Resolution - 00-410 - Ordering the owner to remove or repair the building at 1356 Reaney Avenue within fifteen (15) days from adoption from resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation) Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 — 43. Appeal of Ms. Beth Fischer to a summary abatement order for properry located at 1223 Selby Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 7 Nays - 0 44. Final Order - 00-283 - In the matter of improving the alley in Block 1, Lane's Manor and Block 1, Sunnyside Plat 2(bounded by Juliet, Albert, Jefferson and Hamline) by grading and paving with bituminous material and all other work necessary to complete the project. (File #18919) (Laid over from Aprii 19) Adopted as amended Yeas - 7 Nays - 0 45. Final Order - 00-284 - In the matter of condemning and taking permanent easements in the Iand necessary for slopes, cuts and fills, for the improvement of the alley in Block 1, Lanes Manor, and Block i, Sunnyside Plat 2(bounded by Juliet, Aibert, Jefferson and Hamline) by grading and paving with bituminous material. (File #189195) (Laid over from April 19) Adopted as amended Yeas - 7 Nays - 0 46. Final Order - 00-411 - In the matter of sidewalk reconstruction in Wazd 2. (File #S00036-S00045) Adopted Yeas - 7 Nays - 0 47. Final Order - 00-412 - In the matter of sidewalk reconstruction in Wazds l, 5, 6& 7. (File #500046-500056) � -�738 Apri126, 2000, City Council Action Minutes Adopted Yeas - 7 Nays - 0 � 48. Third Reading - 00-314 - An ordinance amending Saint Paul Legislative Code Section 403.05; altering the waiver of distance requirements for bingo halls and requiring the City Council to consider significant negative impacts of commercial uses when waiving distance requirements. Laid over to May 3 for final adoption MISCELLANEOUS 49. Presentation of an award to the Saint Paul City Council by Sustainabie Energy for Economic Development recognizing the Council's support of the Principles for Minnesota's Energy Future. � An award was presented to the Council by Dianna McKeown Suspension Item Resolution - 00-389 - Renaming the Burlington Northern Trail the "Bruce Vento Regional Trail" in honor of retiring Fourth District Congressman Bruce Vento. Adopted Yeas - 7 Nays - 0 OFFICE : HE CITY ATTORNEY Cla}'mn,L7 RoGinsan Jr Ci �An . . .. 4 orneY l.lJ / �� CITY OF SANT PAUL Norm Co7emnn, bfnpor May 10, 2000 Civi! Dirision 400 Ciry� Hnlf !S Wesj Kel(ogq B(rd. Snint Pn�d. Minnesa�n 55IOI NOTICE OF HEARING Thu Dinh Trinh Son� Thanh Billiard 995 University Avenue West Saint Paul, MN 55104 Te[ephone: 6i! ?66-87/0 Facsimile: 651 298-j619 RE: Application for Pool and Billiard Hall, and related licenses by Thu Dinh Trinh d/b/a Son� Thanh Billiard, for the premises at 995 University Avenue West Dear Mr. Trinh: Please take notice that a hearing will be held concemin� your application for Pool & Billiard Hall, ci�arette, original container and MAD licenses for the premises at 995 University Avenue West in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: Tuesday, June 20, 2000 9:30 a.m. Room 41 St. Paul City Hall 15 West Kellogg Boulevard Saint Paui, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Beverly Jones $eydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 Telephone: (612) 341-7606 �n�e t e icense pp icahon o u in�� — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 7 �- �3� The Council of the City of Saint Paul has referred the question of �vhether to deny your license application for a hearin� in accordance with the procedures of Saint Paul Le�islative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. . The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Jud�e is that the licenses should be approved with conditions. The conditions being recommended aze those conditions which you have reviewed and agreed to by si�nature dated Apri126, 2000. However, the Administrative Law Jud�e is permitted to hear "other interested persons" and to �ive them an opportunity to present testimony and othenvise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearin�, and may wish to intervene. The Administrative Law Jud�e may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such �rounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearin,; will be conducTed by and Administrative Law Judge, �vho will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearin�s are tape-recorded by the Administrative Law Judge. Concluding azguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findin�s of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should brin� with you to the hearin� any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Sincerely, ✓G. �,�.c-GCJ'�'..C�-Yw�.cti � Vir�iniaD. Palmer Assistant City Attomey cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Mike Samuelson, District 7 Planning Council, 689 North Dale Street, Saint Paul, MN 55103-1644 Kenneth Bottema, 50 Whitney Squaze, 210 North Second Street, Minneapolis, MN 55401 DD STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SPRVICE BY MAII, JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows= Thu Dinh Trinh Song Thanh Billiard 995 University Avenue West St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the L Minnesota. said person) and depositing the Subscribed and sworn to before me QRIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Council File # O O— 7 3� Green Sheet # � O( S,� l3 Date 1 RESOLVED, that the application for a Pool & Billiazd Hall license by Thu Dinh Trinh, 2 d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West, is hereby granted, 3 subject to the conditions set forth below. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated June 27, 2000, aze expressiy ratified and adopted 7 as the written findings and conclusions of the Council in the matter, and the recommendation of 8 the ALJ is hereby adopted. 9 10 FURTHER RESOLVED, that the following conditions shall be placed on the license: 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 2. 3. 4. 5. The business will close no later than 11:00 p.m. from Sunday through Thursday and 12:00 midnight on Friday and Saturday. Security will be provided in the pazking lot to eliminate loitering and unnecessary disturbances to the neighborhood. Signage will be posted inside and outside of the business that states that loitering, drinking, use of illegal substances, littering and excessive noise are prohibited. No patrons shall be admitted while wearing gang colors. Licensee will be responsible for picking up litter in the front of the business and in the pazking lot on a daily basis. 1 �� j` � Resolution is based on the record of the proceedings before the Administrative Law � 7udge; mclu ing the hearing on June 20, 2000, the documents and e�ibits introduced therein, 4 and the deliberations of the Council in open session on July 26, 2000. 00 —� 3 � 6 A copy of this Resolution, as adopted, shall he sent by first class mail to the 7 Administrative Law Judge and to Kenneth Bottema, attomey for the Licensee Requested by Department of: By: Fosm Approved by City Atto ey By: � Approved by Mayor for Submission to Council sv� y � ��— Approved by Mayor By: � Adopted by Council: Date �,._,�_ �(o .�`�(��a Adoption Certified by Council Secre aE ry ao -�3�' City Council Councilmember Jerry B1, AUS7 BE ON COUNCIL AGQJ�4 BY @ATq TOTAL # OF 31GNATURE PAGES ❑ �.�. �.. ❑ ..�.,�,.�.a ❑MYORWRAfYlYR) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the City Council on July 26, 2000, granting the application, with conditions, for a Pool and Billiard Hall license by Thu Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Hes tli�s DeBOMrm erer woAced under a antract for tluc department� VES NO Has mia peisaJfirm ew been a dlY emPbYa� YES NO Ooec Mis De�soMim posease a sldll M�wrmal�YD�ssed M anY curteM cily emDbyeel YES NO la tlus persaNfirm a tarpefetl ventlof7 . YES Pb imlein � yas an¢v,e�s On SBP� sh � ee � t J erM aVach fn Dreen chee[ �C"� ' P �� g��o ";�V� w 4 l � _ "'- --:.': �� - p � G Q � Zoco IFAPPROVED Gr,T,'7�I: i �•T��1: F9d�3 i!.7tE a��oo I. GREEN SHEET hl �]_➢�I. 3=_ai•:.3 I� No 106052 OIYCOI�IS � � u �,,,� COET/REVQIUE BUWETED (GRCLE ON� IICTNRY NUI�ER Cia�;L7 INFORMATION (p5Wln CITY OF SAINT PAUL Norm Co(eman, Mayor lllly i�� Z�� Kenneth Bottema Attorney al Law 50 Whitriey Squaze 210 North Second Street OFFICE OF THE CITY ATTORNEY �� 3 � Clnyfan M. Robi�nson, Ja, CiryAttorney � = c;vnDV.uro„ 400 Ciry Hall IS WestKetloggBlvd. Sainf Pn�d. Minnerota 55102 ��--�-�.� � �S � �s� --� '� 1�.�1�-k`�� 3��1 NOTICE OF COiiN Minneapolis, Minnesota 55401 Telephorse: 651 266-87(0 Fauimile: 6Sl 298-5619 RE: Application for Pool and Billiazd Hall, and related licenses by Thu Dinh Trinh d/b/a Song Thanh Billiard, for the premises at 995 University Avenue West Our File Number: G00-0159 Dear Mr. Bottema: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 26, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opporiunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evadence will be received or testimony taken at this hearin�. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP James Wentzell, Acting Exec. Dir., District 7 Planning Council, 2093 Greenbrier St., Saint Paul, MN 55117 Aar-26-00 01:18pm from-NENNEPIN COUNTY PUBLIC DEFENDERS " +6123498179 T-175 P.U2 F-934 PPR-19-2@� IS�23 C'11Y UF `�I YIfiJL L1ti' eit eu� �inw i.ae..x p OFFICEOPL(CENSE.INSPECf10NSAND l..t/ ENVIROPAfEHiy_ PROTECTION Fromicesoa.nleier CiTY OF SAENT PAUL LOWRYPROFESS1GtvA1.8ui(dr,v[; � idcnncoteman.FAayor � �. tacwcor;w»zrss� b+.�vatwmmc55r4�5*o C�:�ZY.9�Z° t a9see to tne fof�owins eonaitions beirl9 P�aced on the followa�g r�cense{s): L�cense �: 19890007188 ... Type of Eusmess: Cigarettelfobacco MADS owned & toca�Ea at same business Orig�Ral Gonttiner PaW & Blliaro Hall APp�� by: THU DINH 7RINH Do�ng 6usiness As: SONG 7HaNH BiLLIARD as: 995UNIVERSITY AvE W ST PAUL MN 55104 Conaiuons.are as totiows: 7, Business w01 Gase no Iater shart 71:00 PM SunUay to Thursday and �2:00 PM on Friday and Satucqay. 2. Securlry wtp be provided in the p2r}cirtg �ot to eluninate Iatering antl unnECess2ry qistutAat�ces to the neighnarhood 3. S�gnage w11 be posted inside ana outside of !he twsiness ifzaf sracey that bitering, qrinking, usa of itteg8l SubSqnCeS, htf�ing an010ud no�s2s are proFiibitetl. 4. No gang eo�ors are allowea. 5. T ticer�see wai Caly pick �p fitte� in front of tne businass anC in the patking lot. - - mie, - � 2 �, — f� Licenaee Dat� TOTp_ P.02 �n e t�ie r�p icat�on o u in � taPR-26-2eea is:01 +51z3ae61�s — Trinh d!b/a Song Thanh Billiard — City s Exh. No. 5 pp-738 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINlSTRATIVE HEARINGS FOR THE SAINT PAUL CI7Y COUNCIL In the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jone� Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant City Attorney, on behaif of the City of St. Paul. Ms. Palmer, 400 City Hall, 15 West KeAogg Blvd. Saint Pau{, Minnesota 55102, appeared on behalf of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh d/b/a Song Thanh Billiard, the Applicant. The record closed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The Sf. Paui City Council will make the finai decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.� Pursuant to Minn. Stat. § 14.61 (1998), the City Council shall not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of fhe City Council's decision mZ si be served on the parties and the Administrative Law Judge by first class mail. Parties should contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for f{ing exceptions or presenting argument. ' St. Paul Legislative Code § 310.05 (c-1). 2 Minn. Stat. § 14.62, subd. I(1998). •i -' STATEMENT OF THE ISSUES The issue presented at this hearing was: Should the City grant a Poo! and Bi{liard Hafi and related ficenses fo the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Billiard, has applied for fhe necessary licenses to operate a pool hall at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiarrl ha!I, to sell cigarettes or tobacco products to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are located at the same address or near the Applicant's business. Also, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and EnvirQnmental Protection (LIEP) reviewed the application and recommended approval 4 4. As a courtesy, LiEP notified the local community council, the District 7 Planning Council, of the application, and gave the Planning Council the opportunity to request a{eyislative hearing. The Planning Council did request a hearing, and one was held. 5. The LIEP summarized the licensing application for tiie legislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Council, dated March 6, 2000, signed by Michael Samuelson, its Executive Director. It expressed the concerns ofi persons a�ho lived in �fose proximfi� to Mr. 7rinh's business. Attached to the lefter was a�etition signed by many neighbors who objected to the issuance of the ficenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particularly at ciosing time. It was also 3 Testimony of Kristine Schweinler. ° Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no direct evidence, it appears that the legislative heazing was held on April 17, 2000. 6 Ex. 3. ' Ex. 2. 2 s• ;� concerned about trash left along front yards, streets and sidewalks, and wifh late night tra�c from an exit onto Sherbume Avenue, a residential sfreet. 8. With the assistance of the legislative hearing officec, the District Council represenfative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. (n particular, Mr. Trinh agreed to the foilowing: • To limit fhe hours that the business operates, cfosing no lafer than 12:00 PM (sic) on Friday and Saturday; . To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; . To post signs in and out of the building stating fhat loitering, drnking, use of illegal subs*ances, lit�eri^g ard loud noisas are prohibited; • To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council. 11. Believing that Mr. Trinh and fhe Planning Council had reached an agreement, LIEP placed approval of the Appiicant's licenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the Cify Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Council Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Council's Physical Planning Committee had met on April 24, 2000, to consider the licenses, ircluding the conditio�s agreed upan by Mr. Trinh, �ut decided to continue its opposition to them because of the ongoing objections of the immediate neighbors to the business.�� 13. The City Council voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing. $ Ex. 5. 9 Id. 10 Testimony of K. Schweinler. '�Ex4. � Ex. 6. 3 00-738 14. Notice of this hearing was sent to 1VIr. Trinh and fo the Planning Council on May 10, 2000. 15. The LVEP continues to support the application and- recommends fhat the licenses be issued, wifh the agreed-upon conditions. 16. Mr. James Wentrell, the Acting Executive Direcfor of fhe Disfrict 7 Pianning Council, expressed the Pianning Council's concems. The Planning Council has continued to receive calls from neighbors objecting to the business, and apposes the issuance ofi the licenses. In particular, the neighbors are concemed about noise, especially at the time the business closes, litfer and traffic speeding in the nearby neighborhood. Mr. Wentzeil acknowledged that ofher businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons wsre not speaking English. Hov✓ev�r, Mr. i�Nenizeli could nct�rovide ar�y �eiaiis about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in effect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Planning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case 15 2. The Applicant received timefy and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule.� The City has provided notice of the hearing to the local community organization. 13 Testimony of K. Schweinler. 14 Tesrimony of K. Schweinler. ls Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310.05. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. C! r• : 3. The City has aufhorify to grant a license and to impose certain conditions on that license." 4. The Applicant has shown by a preponderance of the evidence that he has met the requirements for a license for pool and bilfiard hal(, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pool and billiard hail, with related licenses, be GRANTED. Dated this 27 day of June, 2000. Sever nes H yd' er Admi strative Law dge Reported: Tape-recorded (iwo tapes) MEMORANDUM Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr.. Trinh to address them, or for the Administrative Law Judge to evaluate whether they are suificient to warrant denying the licenses. Based on the evidence presented, the licenses should be issued. BdH " Saint Paul Legislative Code §§ 310.04 and 310.06. r� � � �' � � > �'' y : �;._�''�' �� - '~> .°�� e�..; .. :g; _4. - �Y` '�'_: --' . ��5' . ,:._�� June 27, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Pau(, MN 55102 RE: In the Matter of the Licen Thu Dinh Trinh, d/b/a Soi OAH Docket No. 15-2111 Dear Mr. Owusu: STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARIIVGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2'138 �i ti ��^. c- � •' , � � 1, ' r ,_ �.. _.. J �.EC'� � �� 20� �G� � � Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, BEV� �� NES HEYDIN R C� Administrative Law Judge Telephone:612/341-7606 BJH:cr Enci. cc: Virginia D. Palmer Kenneth M. 8ottema Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 • Fax No. (612) 349-2665 15-2111-12935-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CIIY COUNCIL in the Matter of the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION This matter was heard by Administrative Law Judge Beveriy Jones Heydinger, commencing at 9:30 a.m., June 20, 2000, at the St. Paul City Hall, Room 41, 15 West Kellogg Bou(evard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Hearing dated May 10, 2000, signed by Virginia D. Palmer, Assistant C+ty Attosney, an behalf of the City of St. Paui. Ms. Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, appeared on behaff of the City. Kenneth M. Bottema, Attorney at Law, 50 Whitney Square, 210 North Second Street, Minneapolis, Minnesota 55401, appeared on behalf of Thu Dinh Trinh dibla Song Thanh 8illiard, the Applicant. The record ciosed at the end of the hearing on June 20, 2000. NOTICE This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations.' Pursuant to Minn. Stat. § 14.61 (1998), the City Council shail not make a final decision until this Report has been made available to the parties for at least ten days. The parties may file exceptions to this Report and the City Council must consider the exceptions in making a final decision. A copy of the City CounciPs decision must be served on the parties and the Administrative Law Judge by first class mail? Parties should contact the Saint Paul Gity Gounci4, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. r� � � St. Paul Legislative Code § 310.05 (c-1). z Minn. Stat. § 14.62, subd. I(1998). I� ' STATEMENT OF THEISSUES The issue presented at this hearing was: Should the City grant a Pool and Biiliard Hall and related licenses to the Applicant? FINDINGS OF FACT 1. The Applicant, Thu Dinh Trinh, d/b/a Song Thanh Biiliard, has applied for the necessary licenses to operate a pool hail at 995 University Avenue West, St. Paul, MN 55104. These include licenses to operate a pool and biliiard hall, to sell cigarettes or tobacco products, to sell pre-packaged food and for two mechanicaf amusement devices. 2. Other businesses are iocated at the same address or near the Applicant's business. Aiso, a prior license holder did operate a billiard hall at the same address. 3. The City's Office of License, Inspections and Environmental Protection (LIEP) reviewed the application and recommended approval a 4. As a courtesy, LIEP notified the locai community council, the District 7 Planning Councii, of the application, and gave the Planning Council the opportunity to request a leg�islative hearing. The Planning Councii did request a hearing, and one was heid. 5. The LfEP summarized the iicensing application for the iegislative hearing officer, Mr. Gerald Strathman, and recommended that the licenses be approved. 6. At the hearing, a letter was submitted by the Planning Councii, dated March 6, 2000, signed by Michae4 Samuelson, its Executive Director. It expressed the concerns of persons who lived in close proximity to Mr. Trinh's business. Attached to the letter was a�etition signed by many neighbors who objected to the issuance of the licenses. 7. The Planning Council was concerned about loud noise and rude behavior by persons leaving the business, particulariy at closing time. It was also ' Testimony of Kristine Schweinler. 4 Testimony of K. Schweinler, Senior Licensing Inspector. 5 Testimony of K. Schweinler. Although there is no d'uect evidence, it appears that the legislative hearing was held on April l7, 2000. 6 Ex. 3. ' Ex. 2. 2 r� � concerned about tsash left along front yards, streets and sidewalks, and with late night fraffic from an exit onto Sherburne Avenue, a residentiai street. 8. With the assistance of the legislative hearing officer, the District Council representative and Mr. Trinh agreed to certain conditions to address the Planning Council's concerns. In particular, Mr. Trinh agreed to the foilowing: • To limit the hours that the business operates, closing no later than 12:00 PM (sic) on Friday and Saturday; • To provide security in the parking lot, to eliminate loitering and unnecessary disturbances; • To post signs in and out of the building stating that loitering, drinking, use of illegaf substances, littering and loud noises are prohibited; . To prohibit display of gang colors; • To pick up the litter in front of the business and in the parking lot each day. 9. Mr. Trinh signed that agreement on April 26, 2000 9 10. LIEP's position is that the conditions address the concerns raised by the District Council,' 11. Believing that Mr. Trinh and the Pianning Council had reached an agreement, LIEP placed approval of the ApplicanYs {icenses on the City Council's agenda for April 26, 2000. 12. When the matter came before the City Council for review, the Planning Council continued to object. Its concerns were reiterated in a letter to Councii Member Jerry Blakey, dated April 26, 2000. The letter stated that the Pianning Councii's Physical Planning Committee had met on April 24, 2000, to consider the licenses, including the conditions agreed upon by Mr. Trinh, but decided to continue its opposition to them because of the ongoing objections ofi the immediate neighbors to the business." 13. The City Councii voted on April 26, 2000, to refer the matter to an Administrative Law Judge for hearing.' g Ex. 5. 9 Id. 10 Testimony of K. Schweinler. � � Ex. 4. ' Ex. 6. 3 • t� • 14. Notice of this hearing was sent to Mr. Trinh and to the Planning Council on May 10, 2000. . 15. The LIEP continues to support the app4ication and recommends that the licenses be issued, with the agreed-upon conditions. 16. Mr. James Wentzell, the Acting Executive Director of the District 7 Planning Councif, expressed the Planning Council's concems. The Planning Councii has continued to receive calis from neighbors objecting to the business, and opposes the issuance of the licenses. In particular, the neighbors are concerned about noise, especially at the time the business closes, litter and traffic speeding in the nearby neighborhood. Mr. Wentzell acknowledged that othes businesses shared the property, but neighbors believed that the objectionable behavior was tied to Mr. Trinh's business because the persons were not speaking English. However, Mr. Wentzeil could not provide any details about the dates, times or types of incidents that caused the neighbors' complaints. 17. Since no license has issued, and the conditions agreed to by Mr. Trinh are not in efFect, LIEP has not investigated to see if there is compliance with the conditions. 18. The Pianning Council and Mr. Trinh are willing to meet with each other and with nearby businesses to address the on-going concerns of the neighbors. 19. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. 6ased upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paui City Council have jurisdiction in this case. 2. The Applicant received timely and proper notice of the hearing and the City has complied with ali relevant substantive and procedural requirements of statute and rule.' The City has provided notice of the hearing to the local community organization. L3 Testunony of K. Schweinler. 1d Testimony of K. Schweinler. 15 Minn. Stat. § 14.55 (1998); Saint Paul Legislative Code, § 310A5. 16 See Minn. Stat. § 14.57 —14.61, Saint Paul Legislative Code § 310.05. � i� � 3. The City has authority to grant a license and to impose certain conditions on that license.'� . 4. The Applicant has shown by a preponderance of fhe evidence that he has met the requiremenfs for a license for pool and billiard hall, and related licenses. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that Thu Dinh Trinh's application to operate a pooi and billiard hall, with related ficenses, be GRANTED. Dated this 27 day of June, 2000. Bever nes H yd� er Admi strative Law dge Reported: Tape-recorded (two tapes) RiI�1�[7:7_r.I�II� Opposition to the licenses comes from neighbors. Twenty nine of them signed a petition on February 29, 2000, opposing the licenses. Since that time, Mr. Trinh has appeared at the legislative hearing and at this hearing to hear the complaints against him. He has agreed to certain conditions intended to address those complaints. Exhibit 4 states that the District Council continued to object in April because of the concerns expressed in February, but there is no evidence of whether those who signed the petition were aware of the conditions to which Mr. Trinh had agreed. No specific complaints were raised at this hearing. Absent any specifics, it is difficult for Mr. Trinh to address them, or for the Administrative Law Judge to evafuate whether they are sufficient to warrant denying the licenses. Based on the evidence presented, the licenses shouid be issued. BJH " Saint Paul Legislafive Code §§ 310.04 and 310.06. � �-73�' STATE OF MINNESOTA) ) Ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahi, being first duly sworn, hereby deposes and says that on the 27th day of June, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION; OAH Docket No. 15-2111-12935-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuais named herein. Fred Owusu, City Cierk 170 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 Kenneth M. Bottema Attorney at Law 210 N. 2" St., Suite 50 Minneapolis, MN 55401 Subscribed and sworn to before me this � day of June �.Le LJ o � Notary Public � „ ••• `q IeVON REGAN � xonmwauc-�eafaoa • MYCOl�NAISS�oND�iR64 , �"+�,',,,. JIWUARY31.2005 Virginia D. Palmer Assistant City Attorney 15 W. Kellogg Blvd., Suite 400 St. Paul, MN 55102 �1 e�tCX. Cindy Ring a I , 2000. <. '_ s v� . OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Thu Dinh Trinh d/b/a Song Thanh Billiard CITY'S PROPOSED EXHIBITS June 20, 2000 TO: Judge Beverly Jones Heydinger, Adminisirative Law Judge, Qffice of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consritutes a list ofthe City's proposed e�ibits for the Administrative Hearing on June 20, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 E�. No. 3 E�. No. 4 E�. No. 5 E�. No. 6 Exh. No. 7 Description License application, dated December 10, 1999 (4 pp.); Letter from Michael Samuelson to Gerald Strathman, dated March 6, 2000 t PP•); License Application Suminary (1 p.); Letter, with attached petition and license conditions, from Michael Samuelson to Council Member Jerry Blakey, dated Apri126, 2000 (5 pp.); License conditions, signed April 26, 2000 (1 p.); Action Minutes of the Saint Pau1 Giry Council for Wednesday, Apri126, 2004 (8 pp•)> Notice of Hearing, dated May 10, 2000, with Affidavii of Service (3 pp.). � Also attached please find courtesy copies of applicable St. Pau1 City ordinances: St. Paul Legislative Code § 310.05 St. Paul Le�slative Code § 310.06 ' St. Paul Legislarive Code Chapter 322 Bowling Centers; Pool Halls Respectfully submitted this 20th day of June, 2000. �� Virginia . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �y � � 3 Y' � / � r �� /)/��!�''� ( 1 r J / V CLASS N LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRI�IT I�` INK CITY OF SAIr,*f PAUL Office of Lianse, fnspeaions and Envimnmencat Prorer,ion J50 Sc Pctc Sc Suim ICO SainaPaut.Stins�cw�a SSt�l (65p?669090 (x(55q?66-91'a � �n� � ��.� LICENSES AF2E tiOT TRtiYSfER4BLE PAI'viE�T bItiST BE RECEIVED �VITA EACH .�.PPLICATIO� i ( n Type of License(s) being applied for. � k / " �� --L?�,f% ;�� S �,��i �` �1/7 iil' �_ '�.�� %r?'�.�' �I-�!'/. � S � l � i � n O l��./� A%.��. S J� .�� ..1 < Projected date of opening: � y' � ��lr G{�i �-'� �a '- 30 ,� Company Name: Coryoranon / Parmershi / Sole Proprierorship � If business is incorporated, give datz of incorporation: BusinessName(DBA): Business Address (business location): BusinessPhone:(�c��l ��- I(��j Street(m,Name,Typt,Direc[ion) Q Ciry S[are Zip-i Bznveen what ccoss streets is the business located? Which side of the street? Are the premises now occupied? _ � 2 �Vha[ Type of Business? _ ` h�� ' vfail To Address (if diPfzrent than business address): Sa�n-t,t� Strett (�, Namz, Type, Direction) Ciry Stace Zip-4 Applicant Information: � `� Name and Title: � N l� 1) � ny �-{ �'�� {-f () �,(,� �,(,(,(/ ±int C n � ,� Middle , MaiB �. ,, �� Last Tide Home Address: o� � S[reet (R, Name, Typt, Direction) � Ciry Stare Zip�4 DateofBiRh: [��, - I��- ( � PlaceofBirth: � i2�tv�i�;` omePhone:(�1 �y7-�i6�'� Have you ever been convicted of any felony, crime or violation of any ciry ordinance other than trafTic? YES _\O �_ Date of arrest: Charge: _ Conviction: Sentence: List licenses which you currently hold, formerly held, or may have an interest in: �/t p rn �� Have any of the above named licenses ever been rewked? YES �_ KO If yes, tist th; dates and reasons for revocation: Are you �oin� ro operatz this busmess personally? �_ YES NO If not, who will opzrate it? � F�rstName Middlzlmfiat (Maiden) L�st DateofBitth Hume AddresS= S[ree[ (K, Name, Type, Arz you goin,g to have a manager or assistant in this business? opzrator, please comptere [he following information: First Namz �Lddle Imtial Where? (hlmden) S Zi,r4 Phane Num6zr YES � (� i�t0 If the manager is not the same as the Date of Birth tiomt Address: Strze[ (�, Namt, Typz, DirecUUn) C�ty � °° "--' o�^^°'� n e iceL nse Application of Thu Dinh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. l List all other officers of the coiporation: OFFICER TITLE HOME NA�IE (Office Held) ADDRESS H0�1E BliSNESS DATE OF. PHOtiE PHONE BIRTH Y If business is a partnership, please include [he following informa[ion for each partner (use addinonal pages if necessary): 5G 1�� n,��; ,z,, � �- �„ .. First Name � N� • i�.�awcn� Last Da[e o( 8itth Home Address: Stree[ (�, Name, Typz, Dircction) Ciry State Zip�4 Phone Vumbev Pirst Name Middle Imnal (Maiden) � Date of Birth Home Address: Street (�, Name, Type, Direction) C Y State Zip-; Phone Number MIWESOTA TAX IDENTIFICATIOV NL1MgER-Pursuantm the Laws ofMinnesota, 1954, Chapter�02, Artide 5, Section 2 (270. i2) (Tax Clearance; Issuance of Licenses), licensin� authorittes are required [o provide to [he State of �finneso[a Commissioner of Revenue, the Minnesota business tax identification ntimber and the sociai security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we arerzquired to advise you of the following regarding the use of the Minnesota Tax Ideniification Number. - This information may be used to deny the issuance or renewal of your license in the event you o�ve Minnesota sales, employer's withholding or motor vehicle excise taxes; -Upoareceivin�thisinformatioq[helicensineauthoritywillsupplyitonlytotheMinnesotaDepaRmenrofRevenue. Ho�vever, under the Federal Exchanoe of Information A�reement, the Deparcment of Revemie ma} supply this information to the Intemal Revenue Service. Minnesota Tax IdentiFication Numbers (Sales & Use Tax Number) may be obtained from the State of Mmnesota, Bustness Records Department, ]0 River Park Plaza (612-296-6131). Minnesota Tas IdenUfication Number: `T'J l�� j ❑ If a Minnesota Tax Identification Number is not required for the business beine operated, indicate so by placin� an "X" m the box_ +NT TO MIN\ESOTA STANTE 176182 ensation insurancz co� eraee requirements ofMinnzsota ion in this certificxcion constirates sufficient groueds for said licenses. �m I� ITIALS) to 09�01/IJ')9 Please list your employmen[ history for the previous five 5 �— � � ( ) year period: 00-738 .ANY FALSIFICATIOY OF A\S�VERS GIVEN OR �IATERI?.L SUB�IITTED �VILL RESliLT IV DE\IAL OF THIS APPLICATIO\ I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and correct to the best of my knowledge and belief. I hereby state fuRher that I have received no money or other consideration, by way of loan, giR, conhibution, or othenvise, other than already disclosed in the application which T herewith submitted. 1 aiso understand this premise may be inspected by police, fire, health and other city officials at any and all times when the business is in operation. Signature (REQUIRED tor all Prefeaed methods of communicarion from this ofFice (please ranlc in ordzr of prefzrence -"I" is most preferred): _ Phone Number with acea code: ( ) Extznsion (Circle the type of phone number you have listed above: Business Home Celi Fax Phone Numbec �vith area code: ( ) Extension (Circle the type of phone number you have listed above: Business Home Czli Mail: IntemeC E-Mail City Fax Statz Date Pa�er ) Pager ) �Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). PAYLYG BY CREDIT CARD PLEASE COhIPLETE THE FOLLO�T'LVC INFOR�YIATION: ❑ MasterCard � Visa EXPIRATION DATE: ❑�/�❑ of of Card all Da[e **Note: If this application is FoodlLiquor relared, please contact a Ciry of Saint Pau1 Health Inspector, Steve Oison (Z 66-9139), to reciew plans. If any substantial chan�es to structure are anticipated, piease con[act a City of Saint Paul Plan Examiner at Z66-9007 to apply for buildin� permits. Ff there are any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zonin� Inspecror at266-9003. Alt applicatians require the tolLowing documents. Please attach these doeuments �chen submitting your application: 1. A detailed description of the design, location and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8%x" x 11" or 8%z" x 14" paper): - Name, address, and phone number. - The scale should be stated such as 1" = 20'. ^N should be indicated toward the top. - Placement of all pertinent features of the interior of the licensed facility such as searin� azeas, kitchens, offices, iepau azea, parking, rest raoms, etc. - If a request is for an addition or expansion of the licensed facIlity, indicate both thz current azea and the proposed expansion. 2. A copy of your lease a�ceement or proof of ownership of the property. Y�0 Cl�xU � v� Sti f��.� SPECIFIC LICE�SE APPLfCATIONS REQUIRE ADDITIONAL IvFORi��IATION. PLEASE SEE REVERSE FOT2 DETAILS >>>> Street (�, Name, Type, Direction) ACCOUNT NUMBER: i�■■■ ■■■■ ■■■■ ■■■�� 09/O V I999 If a�plying for, �� : Cabaret adult, please attach written proof that each employee is at least 18 years old. Concersation/Rap parlor adult, please attach written proof that each employee is at least 18 years old. Entertainment, please specify class A, B, or C ticense; obtain and attach si�natures of approval from 90% of your neiohbors u ithin 3�0 fzet of the estabtishment. This license must be applied for in conjunction with a Liquor, �i%ine, Malt On Sale or RentaUDance Hall license. Firearms, please attach a lerer with the foilowin� information: state if selling or only repairing, Federal Firearms License \�umber, type o£Armed Services discharge (Honorable, General, Bad Conduct, Undes¢able, Dishonorablz, or no military service. (\OTE: Establishment must be commezcially zonzd.) Game room, please provide the following information: name of machine and list price. (\ OTE: A Pool Halllicense is requirzd if there are any pool tables in the estabtishment.) Health/Sports ciub adult, please attach �vritten proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor application. Massage center, please attach a detailed description of the services being providzd. llassage center adult, please attach written proof that each employee is at least 18 years old. Massage practitioner, please submit proof of successful completion of �vritten and practical exams from the City of Saint Paul authorized examiner; submit insurance certificate showing coverage of$1,000,0OO.OQ each eeneral liability andprofessional liability with the City of Saint Paul named as an additional insured, and a 30 day notice of cancellation; submit proof of affiiiation &om a licensed City of Saint Pau! therapeutic massage center or state licensed heaith facility . Mo[orc��de dealer, please include State of Minnesota Dealer Number. Ye}v motor vehicle dealer, please include State of Minnesota Dealer Number. Parl:ina lot or Parking ramp, please include the number of parkin� spaces, and attach plans containing a general description of the security provided at the IoVramp, a site plan showin� driveways of the proposed lot and thz legal description of [he property ([his requirement necessary only ifno site plan is cuaently on file). Attach a cover letter describin� your plans to compiy with the li�htin� and painting requirements. Pawnbroker, please attach $5,000.00 Surery Bond. Second hand dealer-motor vehicte, please include State of Minnesota Dealer tiumber. Second hand dealer-motor vehicle parts, please attach 55,000.00 Surery Bond. Steam room/bath house adult, please attach written proof that each empfoyee is at least 18 years old. Theater adult, please attach written proof that each employee is at least 18 years old. 09'01 / I 999 /:- _ F , � ;,,� .:;. __;i,--: -: District 7 Planning Council 689 North Da1e Streer Saint Pau� lYlinnerata 55103-1644 657/_�9&5068 (offue) 65UZ98-5072 (f� d'rsmu7thom¢� da�e@excilecam (e-mail) March 6, 2000 NIr. Gerald Strathman Legislative Hearing Officer 310 City Hall 15 West Kellogo Boule�azd St Paul, MN 55102 DearMr. Sa�athman_ �ii.'�,� � � �:� �" : . iil � �� DO On behalf of the District 7 Planning Councii, I am wiiting you to express our concerns regarding the application for a pool hali, ori�ual coataiaer and cigareite 2icease for the business which has been opezating at 995 West Univezsity Avenue for over two years now. We reviewed tius application at our February 24 board of direciors meeting where we passed the following motion: Th� �e �� (Thomas Da1e) Planning Council recommead that the applicaiion for ool h ' al er and cigare Iicense being made by Thu Dinh Trinh, dba Song Thanh Billi 995 West Universiry Avenue, b denied. W g xn the Thomas Dale Block Club, an additional community meeting was held on Tuesday, February 29 to review this licensing applicarion with neighbors and the owner of this business. At that meeang a petition signed by 29 of his neighbors [o [he north who oppose this applica[ion was presented to Mr. Trinh. We discussed severai concems chat [hese neighbors have said tfiey have had during the almost �`h'o Y�rs t�at this pool hall has been open. Thesa concems included 1). Loud noise (fi.rom both voices and car stereos) and rude behavior from his panrons, paraculaziy when they leave ai closing time; 2). Trash and debris Ie8 along front yards, streeGS and sidewatks; 3). Late night use of the Sherburue Avenue entiancelexit from the paz3flng lot that serves the tenants of 995 West University Avenue. This unrestricied use allows �anY unwanted cazs to come in and out of the parking Iot az all hours along this residentiai strees and has been a source of disiurbance for these residents. We aLso taiked briefly about the faci that none of the interior entrances to Hie pooi hall opens directly to the outside and rhe potenriat safety coacerns this briugs up for both the ciry and our community. In addidoa to this discussion, we reviewed with Mr. Trinh the possibility of sevezai business opeiacion conditions that couid be pIaced on his ficense to operate if the cuy �ves its approvat to siay open at this locadon He has agreed to consider having night time securiry; cIose off the Sherburne Avenue entrance/exit to the parking lat, ailowing customers to only enter his business via the University Avenue doorway; that no gang coIors be allowed; that signage be posted inside and outside that states "uo loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus tisting the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Satarday. Piease note that by heIping Mr. Trinh to come up with these� business opeiaring conditions, we have not taken a position to support tius application. oundi ResBarctt Ce�tef �k� �� Our 30th year of servire to the neighborhaods nf Mt Airy, Capiin! Heighu, Lower Rice Slree� Frogtvwn und $ . I970 - 2000 �� icense pp ica on o u in _ Trinh d/b/a Song Thanh Billiard — City's Exh. No. 2 � 1 � 8 I wouId like to take this opportunity to express our displeasure with fiow this license appficatioa has b�n handIed by the Depaztment of 7nspecrion, Environmental Pmtection and Licensing (I-IEP)• When Mr. Trihn and � up dus business in eariy 1998, having relocated from the "Crazy Louie" building ai Virginia ersity, odged a protesi with r.TF'P � he did not have a license to operate at this new Iocario� It took �e city atmost two yeazs to respond to this maaer. This is noYacceptable 6ehavior by this departmeut and it should not be tolerated_ It is not fair to either the proposed busine�s oP�r nor to the residents of this commimity, perh�p� we couId have avoided maay of the problems our residents have experiencad as resuIt of this business being open without any mitigating conditions being piace3 on it from the beginning. Please conracc me at 6511298-Sd68 if you ne�3 any further informa,�on regarding ouc position on this licrnsing matter, Sin�� Michaei Samueison Executive Direcior enc: Perition from T'homas DaIe neighbors opposing this business. � cc: Thu Dinh Trinh, do Song Thanh Billiards; Ktistina Schweinler, LIEP; Ivlayor Norm Coleman; Midway Chamber of Commerce; Frogrown Acrion AIliance; Council member 7erry Blakey; District 7 Planning Council Board of Direciors; Thomas ,Avenue Block Club; PeLer Vang, owner of 995 W. University Avenue; University iJNITED; progtown Times Newspaper, Concemefl Thomas ]]ale azea residents. � ,• � OFF[CE OF LICEYSE, INSPECTIONS AND ENVIRO�Y�iIENCALPROTECTION Raben Kus[er, Director CITY OF S�T PAUL Narm Colemnn, .Yfayor LOWRYPROFESS/ONALBUlLDING Telephone:65d-?66-9090 � 350 Sc Peter Srreet, Sutte 300 Facsimile: 65/-?66-9099 SaintPnul,,Ninnesata �5102-l5l0 6i!-?66-9!?l LICENSE APPLICATION SUMMARY Date: Monday, April 17, 2000 @ 330 PM LicenseID: 19990007188 License Applicant: Thu Dinh Trinh License Type: DBA Son� Thanh Billiard 995 University Avenue W. Pool & Billiazd Hall MAD's 2 Cigarette/Tobacco Original Container License Conditions: None Requirements: MAD's - Need Machine List Ori�inal Container - Pending Environmental Health Final Approval Pool & Billiard Hall - Pending Cigazette/Tobacco - Approved Pending Adverse Actions: None Current Licensee LIEP Recommendation None Recommend Approval n - n � — �'/ � ,�1,� n ,,, J ��t,w� L EP StaffRepresentative �� .�� a C.eh'' ,. �n e t e icense pplica�Thu inh • — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 3 � . Y � � � � t�� - � r= < �;�- ��i'°� Y-.�(l i��_I Q�a 1 %"� M� . F��? �'�1 / DistYict 7 Planning Council 689 North Dale Street Saint Paul, Minnesota 55103-I644 651/298-5068 (offtce) 651/298-5072 (fax) dislrict7tham¢sdal�cite.com (e-mai!) Apri126, 2000 Council member Jerry Blakey 310-A Ciry Hall 15 West Keilogg Boulevard St. Paul, Minnesota 55102 Deaz Council member Jerry Blakey: On behalf of the District 7 Planning Council, I am writing you to express our confinued concem regarding the application for a pool hall, original container and cigazette license for the business which has been operating at 995 West Universiry Avenue for over two yeazs now. As you were informed by the receipt of a letter to Gerald Strathman, Ciry Council Research Director on Mazch 6, the district council reviewed this application at our February 24 boazd of directors meeting where we passed the following motion: That the District 7(Thomas Dale) Planning Council recommend that the application for a pool hall, original container and ciaarette license being made by Thu Dinh Trinh, dba Song Thanh Billiards, 995 West University Avenue be denied. As you are also aware, we have been working with the Thomas Dale Block Club and with them an additional community meeting was held on Tuesday, February 29 to review this licensing application with neighbors and the owner of this business. At that meeting a petition signed by 29 of his neighbors to the north who oppose this application was presented to Mr. Trinh. We discussed several concerns that these neighbors have said they have had during the almost two yeazs that this pool ha11 has been open. These concerns included: 1). Loud noise (from both voices and caz stereos) and rude behavior from his patrons, particularly when they leave at closing time; 2). Trash and debris left along front yazds, streets and sidewalks; 3). Late night use of the Sherburne Avenue en[rance/e�tit from the parking lot that serves the tenants of 995 West University Avenue. This unrestricted use ailows many unwanted cars to come in and out of the parking lot at all hours along this residential street and has been a source of disturbance for these residents. We also talked briefly about the fact that none of the interior entrances to the pool hall opens direcdy to the outside and the potential safety concerns this brings up for both the city and our community. In addition to this discussion, we reviewed with Mr. Trinh the possibility of several business operation condirions that could be placed on his license to operate if the city gives its approval to stay open at this locauon. He has agreed to consider having night 6me security; ciose off the Sherbume Avenue entrance/exit to the parking lot, allowing customers to only enter his business via the University Avenue doorway; that no gang colors be allowed; that signage be posted inside and outside that staies "no loitering, no drinking, no use of illegal substances, no loud noises, no littering" plus listing the hours of the business; and that the pool hall would close no later than 11 PM on Sunday to Thursday and at 1 AM on Friday and Saturday. Please note that by helping Mr. Trinh to come up with these business operating conditions, we have not taken a position to support this application. Our 30th year of service to the neighborhoods ofM� Airy, Capitol Heights, LowerRiceStreet, Frogtown a � ■ 1970 - 2000 �n e. e icense pp icI' o u m — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 4 cx��73g As a result of severaI stated objections to this business application, Mr. Sh called for an Legislative Hearing to further review this licensing application on April 17. As you know, he has decided to forward his recommendation to the ciry council that this pool hall license be granted wiTh the provisian that several of ihe sug�ested conditions that were ag�eed upon would be irriposed on this business (see the enclosed list). Our Physical Planning Committee met on Apri124 and reviewed this matter once again. Those in attendance have decided tha[ in spite of these condiCions that the district council must support the thirty plus immediate ne3ghbors of this business and continue our opposition to this business. We respectfully request that you pull this matter from the consent agenda from your Apri126 City Council meeting and either refer this matter to be reviewed by an Administrative Law Judge or hold a public hearing before your body so that a case can be made by those most negatively affected by this business that it should be closed down. Please contact me at 651/298-5068 if you need any further information regardina our position on this licensing matter. Sincerely, r�� Michael Samuelson Executive Director � _ enc.: Petition from Thomas Dale neighbors opposing this business; Proposed operation conditions for this business. cc: Thu Dinh Trinh, c/o Song Thanh Billiards; Kristina Schweinler, LIEP; Mayor Norm Coleman; Midway Chamber of Commerce; Frogtown Action Alliance; Council member 7erry Blakey; District 7 Planning Council Board of Directors; Thomas Avenue Block Ciub; Peter Vang, owner of 995 W. University Avenue; University LTNITED; Frogtown Times Newspaper; Concemed Thomas Dale area residents. 2 �-�3� i, � _. � ' C � ° �'-� l`: r -. Petitiori - - � �7e the undersigned Neighbors & Business of the Thomas-Da�e Neighborhood oppose the issuing license for the Pool & Billiard Hall, Original Container & Cigarette/Tobacco at the building tocate 995;University in the City of St. Paul. � � Address :z ia�� ,��,� �3 ,, 6� � / � - / , `� � �( � � .�, I� G :: � � ��G� s {j2y-�G�rh� /sC /UO�, ,�'/-/CiZ.SG�iI'� O 00 �.S' ( � /03_3 .sd��P R�7 she�-.b � Aip/�/YIH�O l v7_ � �'/G< �i.yn/� � ��,.�ll _•rE7a rr�a. t3ve. [ -� �' �v ^�r�JN.21,ts. � �� Iaz3 s/�c��e�,r�pJ to t9 �,�r}�19rr��Z�Ye T 0�7.�`c e k.Ov�.�E /ot3.� C/1,9�Zt3'f3�s I�U C t� orlfc. i� �� ,v�--� �q�� ta��rs �( VK �qal .si,�� h� �� $ c ��es /U�d �/r� r/e 5 1 l�� S • s-: �i+i ev. � • d d � O �K � c�`l , =-�i�-c� a O�L �� _� �c�-738 PeEitio�� We the undersigned Neeghbors & Business of the Thoma.s-Daie Neibnborl�ood oppose the issui license for die Pool & Billiard Hall, Original Container & Cigarette/Tobacca at the buildi�ig loc 995 Uaiversity in the City of St_ Paul. � Name (printed) : �..-1'lL-�-�'C_��.t:`.� �,�� . " � .�r . ;,�(. ,,� i � ::, , ;;: ,.. . . >' .4� . >S ;�� . _ . � l' _'. ' . .. . . i Y� i.. 'i � y"tin :.:�+_P'. i' Address l �Gc� �� S• � �}G`L��O ('(n('i4 �'O qqo cl,._-r(�5 `'��t 6 c;�-rn.�F s O/R Q ... ;:.� RPF.-15-�@� � F19 � 35 CITY OF SA1NT PAUL Norm Coleman. Mayor CITY GF ST PqLiL LIEP oi2 266 9124 P.02 t�=73� QFFlGE OF LtCENSE, tNSPECTlONS ANp E13VIRONMEN7AL PFi07ECTION PcCaR Kes�er.OanGOr � LOWf7YPROFE5S/0iL'4L6VILOSNG rxcnmr.resvueasosc s�osw F,«z.: rasr,�se-uec 950 SC vaiy�get ;05�� 2069ty: Szn: vwi e.e.x:esaa:stiz-;s» f agree to the foGowing conditio.�s being ptacad on the follpwing Gcense(5): Ucense #: � 9950007'188 Type of Business: Ciga�etta(robacco tv1A�s aHmed & tflcated at same business originai Con;ain� Pool & BiNiard fiaS{ Appiied for by: THU DINH TRINH Doing Business As: SONG THANii BILLIARD at 99511NIVERSSTY RVE W STPAUL MN 55104 R�� Conditions are as follows: 1, 8usiness wiii close �o later than 11:6p PM Sunday to Tfiursday and 12:40 PM on Fridsy bnd Sa:urday. 2. Security wiU he grovided ia the parking lot to eliminafe loitering and unnecessary disivrbences Eo the neighborhood. 3. Signage wiil he posted inside a�d outside af the business thet states that loitering, crinking, use of i:legal substances, littering and bud noises are prohibited. 4. No gang colors are aitawed. � 5. 7he licensee wili dafty pick up litter in front of the business and in 2he parking Iot. Licensee Date TOTFL P.02 Apr-26-�0 01:18pm From-HENNEPIN COUNTY PUBLIC DEFENDERS +fi123486179 T-175 P.02 F-934 �. RPR-19-20�0 15�23 C11Y UF 5i F4M_ L1tY o,,t cu� �ic4 �..x�� a0 OFFICE Of LCENSE. INSPEL'f10NSMiD ENV{RaSDAENiALPROTECTIOnt RcwnR�sWL aiver � CITY OF SAINT PAUL L� rwa.w. �ss+�� ram, cae��,. r�a � s Rw. sesa F� cus�l z6,� 9+nFentw�asmSft0.�5ta f�:12Y.9i2t t agree to tne fofiowinS eontl�ons Deing pfaced on the foAowag I"�e(s): License 3t: 19990007188 Type of 6�,siness: CigarelteJfabacco MADs owned 81oc3setl ai same business Origutat ConUtiner Po01 & Blii2rp Hali APPI� � bY. THU DINti TRINH Domg Business Rs: SONG TFIANH BiLL1ARD as: 995UNNERS�TY AvE W ST PAUL MN 55704 COn6iliOTi9 3�e 2S i01fOWS: �, Business wlll dose rro later man 7 �:00 PM Suneay to Thursday and 12:00 PM on Friday ana SatLrtlay- 2. Securlty wAl de ptavided �n the parkinglot to elimi�te idtering and unnecessary qiguitDances to tha neighbachood 3. Signage wll be posietl inside and outside of the business 2hat srates [hat toit9ring, arintcing, use of ittegat subspnces, LsfeJing a�o los,d noises are prohiDited. _ a. No gang eotw•s are allowea. 5. �iceasee �val 4aily picic up Iitter in front of ine business ana in trte parking lot - �Q�" � 2 �, - t��_ ��g� Dat Ta7f7�. P.02 �Zte tl e icense pp icarion o u m APR-26-2000 15� 01 +6i23ae6i�9 — Trinh dJb/a Song Thanh Billiard — City s Exh. No. 5 � C TTY �F �� 9� O ' .3 a IIIIfl�� ;illl ^a � IIH� �� a h w � ISb � �• : ACTION MINUTES OF THE SAIN7' PAUL CITY COUNCIL Wednesday, April 26, 2600 - 3:30 = 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Councii Present - 6--Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1- Coleman (arrived later in the meeting) CONSENT AGENDA (Items 1 - 1'� NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. TFIERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1 2. � n Approval of Minutes of April 12 and Closed Door Session of April 12, 2000. Adopted Yeas - 6 Nays - 0 Claims of Gregg De Shon, Christine Marien, and William White. Referred to the Employee/Risk Management Office Summons and Complaint in the matter of Eddie D. Carr v. the City of Saint Paul. Referred to the City Attorney's Office Order to Show Cause for Proceedings Subsequent, 175 West Seventh Street. Referred to the City Attorney's Office ��I�e f e�icense pp tca ►on o iu in � _ Trinh d/b/a Song Thanh Billiard -- City's Exh. No. 6 �r . April 26, 2000, City Council Action Minutes Page 2 5. Letter from the Office of License, Inspections and E�avironmental Protection announcing a public hearing before the CiTy Council on May 24, 2000, to consider app]ications from the Saint Paul Saints Baseball Club for sound level variances for concerts to be held at Midway Stadium, 1771 Energy Park Drive, on July 14, 2000, from 3:00 p.m. to 10:00 p.m., and August 26, 2000, from 1:00 p.m. to 10:00 p.m. 6. Resolution - 00-378 - Revoking the TaYicab Driver's License held by James Manneh. Adopted Yeas - 6 Nays - 0 7. Resolution - 00-379 - Approving application for Pool and Billiard Hall, Cigarette/Tobacco, Original Container, and MADs (mechanical asr�usement ^ devices owned and located at same business) licenses by Tru Dinh Trinh, dba Song Thanh Billiard, 995 University Avenue West. (Legislative Hearing Officer recommends approvai with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 8. Resolution - 00-380 - Authorizing a lease purchase agreement for RiverCentre Parking Ramp improvements and authorizing the execution of the lease, bond purchase agreement, and continuing disclosure agreement. Laid over to May 10 Yeas - 6 Nays - 0 9. Resolution - 00-381 - Authorizing the Deparhnent of Planning and Economic Development to enter into a joint powers a�eement with MnDOT for the State's cost participation in the Phalen Boulevard EIS and a budget amendment for the $350,000 payment by the State toward the EIS. Adopted Yeas - 6 Nays - 0 10. Resolution - 00-382 - Amending the 2000 budget in the Department of Pianning and Economic Development by adding grant funds in the amount of $396,878 received from the Metropolitan Council for a cleanup project at 720 Payne Avenue (Fiamms Building). Adopted Yeas - 6 Nays - 0 11. Resolution - 00-383 - Authorizing the Police Department to enter into an agreement with the Public Housing Agency of the City of Saint Paul. Adopted Yeas - 7 Nays - 0 � Apri126, 2000, Ciry Council Action Minutes Page 3 12. Resolution - 00-384 - Increasing the 2000 spending and financing plans in the Police Departrnent for a U.S. West donation to piace�ceilularphones in 35 police squads. Adopted Yeas - 6 Nays - 0 13. Resolution - 00-385 - Establishing a 2000 spending and fmancing plan in the Police Departrnent for the Safe and Sober Grant. Adopted Yeas - 6 Nays - 0 14. Resolution - 00-386 - Establishing a spending and financing plan in the Police Department for the remaining 1997 Federal Asset Forfeiture Funds. Adopted Yeas - 6 Nays - 0 15. Resolution - 00-387 - Approving the decision of the Legislative Hearing Offic2r on Property Code Enforcement Appeals £or properiy at: 73 Leech Street, 795 Sixth Street East, and 1223 Selby Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution Approving Assessment - 00-388 - In the matter of grading and paving alleys in Wards 2, 4, & 6(1997 Project), and setting date ofpublic hearing for June 28, 2000. (File #18867, 18868, 18899, 18902) Adopted Yeas - 6 Nays - 0 17. Resolution Approving Assessment - 00-390 - In the matter of suznmary abatements (snow and/or ice removai) for January and/or February, 2000 (JOOOlAl); demolition ofvacant buildings during January, 2000 (JOOOIC); summary abatements (property clean-up) during March, 2000 (J0002A); and boarding-up vacant buildings during February, 2000 (J0002B); and setting date of Legislative Hearings for June 6, 2400, and City Council Hearings for June 14, 2000. Adopted Yeas - 6 Nays - 0 1� 3 g Aprii 26, 2000, City Council Action Minutes FOR DISCUSSION Page 4 18. Administrative Order: D001882 Authorizing payment by Marketing & Promotions for activities related to implementation of the year 2000 marketing plan. (Laid over from April 19) Noted as on file in the City Clerk's Office Yeas - 7 Nays - 0 ORDINANCES 19. Third Reading - 00-315 - Rezoning portions of the Wilder Foundation's Rarig Campus to resolve split zoning of newly platted property. (Public hearing hetd February 2, 2000) Laid over to May 3 for final adoption 20. Second Reading - 00-374 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to permit dogs to be unrestrained in posted off-leash dog areas of the Saint Paul park system. Laid over to May 3 for third reading/public hearing 21. Second Reading - 00-375 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to permit dogs to be in posted off-leash dog areas without restraints. Laid over to May 3 for third reading/public hearing PiTBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 22. Third Reading - 00-357 - An ordinance amending Sections 73.03 and 73.04 of the Saint Paul Legislative Code relating to the membership of the Heritage Preservation Commission. Amended and laid over to May 3 for final adoption Yeas - 7 Nays - 0 23. Resolution - 00-391 - Revoking the provisional operator license for a taxicab driver issued to Malik Abdelrazig for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 �-� 38 Apri126, 2000, City Council Action Minutes Page 5 24. Resolution - 00-392 - Revoking the provisional operator license for a taxicab driver issued to Emmanuel Asabere for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 25. Resolution - 00-393 - Revoking the provisionai operator license for a taYicab driver issued to Awalchew Cherto for failure to enroli in the ta�cab driver training course. Laid over to June 14 Yeas - 7 Nays - 0 26. Resolution - 00-394 - Revoking the provisional operator license for a ta�cicab driver issued to Harold Dickens for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 27. Resolution - 00-395 - Revoking the provisionai operator license for a ta�cab driver issued to Frank Durkin for failure to enroll in the ta�cicab driver training course. Adopted Yeas - 7 Nays - 0 � 28. Resolution - 00-396 - Revoking the provisional operator license for a taxicab driver issued to Alfred Flores for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 29. Resolution - 00-397 - Revoking the provisional operator license for a taxicab driver issued to Ghani Habib for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 30. Resolution - 00-398 - Revoking the provisional operator license for a taxicab driver issued to Scott Kern for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 31. Resolution - 00-399 - Revoking the provisionai operator license for a taYicab driver issued to Lisa Kraemer for failure to enroll in the taxicab driver training course. - Adopted Yeas - 7 Nays - 0 32. Resolution - 00-400 - Revoking the provisional operator license for a taYicab I�j1 i April 26, 2000, City Council Action Minutes Page 6 driver issued to Willis McKinley for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 33 34. 35 � 37 C�$? 39 ,� Resolution - 00-401 - Revoking the provisional operator license for a taxicab driver issued to Carroll Nelson for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-402 - Revoking the provisional operator license for a taxicab driver issued to Ousham Omar for failure to enroll in the taxicab driver traininb course. Adopted Yeas - 7 Nays - 0 Resolution - 00-403 - Revoking the provisional operator license for a taxicab driver issued to Tyrone Pringle for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-404 - Revoking the provisional operator license for a taxicab driver issued to Mark Remley for failure to enroll in the ta�cab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-405 - Revoking the provisional operator license for a taYicab driver issued to Michael Anthony Robertson for failure to enroll in the taYicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-406 - Revoking the provisional operator license for a ta�cab driver issued to Eric Wenzel for failure to enroll in the taxicab driver training course. Adopted Yeas - 7 Nays - 0 Resolution - 00-407 - Concerning adverse action against the Auto Repair Gazage License held by Frank Gaston, dba Frank's Auto Service, 150 Concord Street. (Uncontested) Laid over to May 3 Yeas - 7 Nays - 0 Resolution - 00-408 - Granting the Saint Paul Saints Professional Baseball Club a sound level variance for a concert to be held at Midway Stadium, 1771 Energy �) : Apri126, 2000, City Councii Action Minutes Page 7 Park Drive, on June 11, 2000, from 3:00 p.m. to 10:00 p.m. Adopted Yeas - 6 Nays - 0(Reiter not present) _ 41. Resolution - 00-409 - Ordering the owner to remove or repair the buiiding at 987 Minnehaha Avenue East within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0(Reiter not present) 42. Resolution - 00-410 - Ordering the owner to remove or repair the building at 1356 Reaney Avenue within fifteen (15) days from adoption from resolution. (Legislative Hearing Officer recommends granting the owner six months to complete rehabilitation) Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0 — 43. Appeal of Ms. Beth Fischer to a summary abatement order for properry located at 1223 Selby Avenue. (Legislative Hearing Officer recommends denying the appeal) Appeal Denied Yeas - 7 Nays - 0 44. Final Order - 00-283 - In the matter of improving the alley in Block 1, Lane's Manor and Block 1, Sunnyside Plat 2(bounded by Juliet, Albert, Jefferson and Hamline) by grading and paving with bituminous material and all other work necessary to complete the project. (File #18919) (Laid over from Aprii 19) Adopted as amended Yeas - 7 Nays - 0 45. Final Order - 00-284 - In the matter of condemning and taking permanent easements in the Iand necessary for slopes, cuts and fills, for the improvement of the alley in Block 1, Lanes Manor, and Block i, Sunnyside Plat 2(bounded by Juliet, Aibert, Jefferson and Hamline) by grading and paving with bituminous material. (File #189195) (Laid over from April 19) Adopted as amended Yeas - 7 Nays - 0 46. Final Order - 00-411 - In the matter of sidewalk reconstruction in Wazd 2. (File #S00036-S00045) Adopted Yeas - 7 Nays - 0 47. Final Order - 00-412 - In the matter of sidewalk reconstruction in Wazds l, 5, 6& 7. (File #500046-500056) � -�738 Apri126, 2000, City Council Action Minutes Adopted Yeas - 7 Nays - 0 � 48. Third Reading - 00-314 - An ordinance amending Saint Paul Legislative Code Section 403.05; altering the waiver of distance requirements for bingo halls and requiring the City Council to consider significant negative impacts of commercial uses when waiving distance requirements. Laid over to May 3 for final adoption MISCELLANEOUS 49. Presentation of an award to the Saint Paul City Council by Sustainabie Energy for Economic Development recognizing the Council's support of the Principles for Minnesota's Energy Future. � An award was presented to the Council by Dianna McKeown Suspension Item Resolution - 00-389 - Renaming the Burlington Northern Trail the "Bruce Vento Regional Trail" in honor of retiring Fourth District Congressman Bruce Vento. Adopted Yeas - 7 Nays - 0 OFFICE : HE CITY ATTORNEY Cla}'mn,L7 RoGinsan Jr Ci �An . . .. 4 orneY l.lJ / �� CITY OF SANT PAUL Norm Co7emnn, bfnpor May 10, 2000 Civi! Dirision 400 Ciry� Hnlf !S Wesj Kel(ogq B(rd. Snint Pn�d. Minnesa�n 55IOI NOTICE OF HEARING Thu Dinh Trinh Son� Thanh Billiard 995 University Avenue West Saint Paul, MN 55104 Te[ephone: 6i! ?66-87/0 Facsimile: 651 298-j619 RE: Application for Pool and Billiard Hall, and related licenses by Thu Dinh Trinh d/b/a Son� Thanh Billiard, for the premises at 995 University Avenue West Dear Mr. Trinh: Please take notice that a hearing will be held concemin� your application for Pool & Billiard Hall, ci�arette, original container and MAD licenses for the premises at 995 University Avenue West in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: Tuesday, June 20, 2000 9:30 a.m. Room 41 St. Paul City Hall 15 West Kellogg Boulevard Saint Paui, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Beverly Jones $eydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 Telephone: (612) 341-7606 �n�e t e icense pp icahon o u in�� — Trinh d/b/a Song Thanh Billiard — City's Exh. No. 7 �- �3� The Council of the City of Saint Paul has referred the question of �vhether to deny your license application for a hearin� in accordance with the procedures of Saint Paul Le�islative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. . The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Jud�e is that the licenses should be approved with conditions. The conditions being recommended aze those conditions which you have reviewed and agreed to by si�nature dated Apri126, 2000. However, the Administrative Law Jud�e is permitted to hear "other interested persons" and to �ive them an opportunity to present testimony and othenvise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearin�, and may wish to intervene. The Administrative Law Jud�e may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such �rounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearin,; will be conducTed by and Administrative Law Judge, �vho will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearin�s are tape-recorded by the Administrative Law Judge. Concluding azguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findin�s of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should brin� with you to the hearin� any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Sincerely, ✓G. �,�.c-GCJ'�'..C�-Yw�.cti � Vir�iniaD. Palmer Assistant City Attomey cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Mike Samuelson, District 7 Planning Council, 689 North Dale Street, Saint Paul, MN 55103-1644 Kenneth Bottema, 50 Whitney Squaze, 210 North Second Street, Minneapolis, MN 55401 DD STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SPRVICE BY MAII, JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows= Thu Dinh Trinh Song Thanh Billiard 995 University Avenue West St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the L Minnesota. said person) and depositing the Subscribed and sworn to before me