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01-915ORIGI�IAL RESOLUTION C1TY OF $QINT PAUL, lyt}�NESOTA Presented Referred To Council File # O� � s Green Sheet # 106170 tq Committee Date VJHEREAS, the Legislative Hearing Officer recommends that license applicarion (ID # 0030828) for Extension of Service Area to Third Flooz and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale over 100 Seats to Over 200 Seats by The Vintage, 579 Selby Avenue, be approved with the following condifions: 1) Patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Pau1 hereby approves this license application with the recommended conditions. Yeas Nays Absent Blakey ✓ Coleman � Hazris Benanav � Reiter � Boshom �� Lanhy �� R o Requested by Department of: � Form Approved by City Attomey � Adopted by Council: Date .S 7 a O =�-- � Approved by Mayor for Submission to Council Adoption Certified by Council Secr� B By: '� �i - • y .y/y Approved by Mayor: Date �( I1fa�! By: - �\ `�r��-�'�%%��" '���"�� b1�415 oFrnan�exrro��cF.tcoutaa� ow�wm��o - ' � , �"` 106170 c�t Council Offices s-��-o� GREEN SHEET No CONiACT PERSON 8 WiONE ' '- Y�maIID�b MNbYDb Gerry Strathman, 266-8560 mµ,�raw�,aR wrcaana MUST BE ON COUNCILAGHJR4 BY (0ATE) 11DEIGII . . �� arvAilOINlY CIIYCIfIlR NOlRiib � ❑Rt�11WLfFllUCFlOR n1�IrJ�tiF1NI11CCfa � ❑ WYORPRYiRl11f11 ❑ TOTAL # O� SIGNATURE PAC,ES (CLJP ALL LOCATIONS FOR SIGNATURE) criont �uESrm Approving application with conditions for Extension of Service Area to Third Eloor and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale Over 100 Seats to Over 200 Seat by The Vintage, 579 Selby Avenue. RECOM ENDATION Approve (A ar ReJed (R PERSONALSERYIQ CONTRAGTS MUSTANSWERiHE FOLLAWIN6 QUESTIONS: � � 1: Hmtlirepe'euJfumeuerv.arkedunderaoonGactforihistlepaihneM7 PLANNINGCOMMISSION VES NO CIB CAMMCREE 2. Flastttls perpaNfirm aer Eem e ary empbyee9 CIVILSERVICECAMMIS$ION , - , , VES , NO 3. Dae¢ Mis PeisaNfirm poesece e sldll not namalbPOeaeaeetl M a�Y curteM cily empioyee7 YES NO ' 4. �611116p2180MIR118�3fQE18C�lf1U0Y7 �S � • . . , .. EJ�IBIII2H y08 2118�4CI8 p1�82p818fE STIBBI elltl Blf8d1 W QIBlM18�IfM INI7IATMG PROBLEM ISSUE, OPPOR7UNIN (Who. What, When, Nfhere, Why) � ADVANTAGESIFAPPRQVED C�uncil Res�arch �errter � � . � � AU6 7 `� 2001. DISAWANTAGES IFAPPROVED � DISADVANTAGES IF NOT APPROVED ` � � TOTAL AMOUNT OF 7RANSACTION S COET/REVEHUE BUOfiE7m (GRCLE ON� YES NO FUNDINC SOURCE ACTNITY NIWBER � FlN4NCI41INFORMATION(pWWNj . . • � ' � . . , � o�-`tl MINUTES OF'TF� LEGISLATIVE HEARING TT� VINTAGE - 579 Selby Avenue Thursdap, August 16, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne, Asuncion, License, Inspections, Environmental Protection (LIEP); Kristine Schweinler, LIEP The meeting was called to order at 133 p.m. Gerry Sirathman stated this hearing is being held to heaz objections to the license application for The Vintage, 579 Selby Avenue. Kristine Schweinler reported the request is for an eactension of azea to the Third Floor and upper balcony. Staff recommends approval of the licenses with the conditions that were on the license previously, which aze as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Fourty- seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan. Mr. StratYunan asked does the expansion of service have an nnpact on the nuxnber of off street spaces required. Ms. Schweinler responded that Tom Beach (LIEP) says it is sufficient to handle the expansion. Paul Bergstrom, 579 Dayton Avenue, appeared and stated he lives closer to The Vintage than anyone in the City. His back fence is less than 20 yuds from their building. The Vintage is a good neighbor. The neighborhood has become better since The Vintage moved in. Whenever commercial businesses are in predominantly residential azeas, there aze going to be issues. The issue Mr. Bergstrom wrote about is the dumpster. He has spoken to Troy DeWitt and Dan Nelson, and they aze willing to talk about tYus issue. The odor has gotten somewhat better, but is still a problem May through September, especially when the weather gets hot. There may be up to eight occasions in the sununer when the smell is strong and odor from the dumpster prevents him and his neighbors from enjoying their backyazd. He would like some conditions placed on the license that the owner take steps to make sure the garbage problem is cleared up. If they are going to expand and serve more food, Mr. Bergstrom expects they will have more gazbage and it will become more of a problem. Mr. Strathman stated he contacted Bill Gunther, the City's d'uector for Environmental Protection. He reported that inspectors were sent out on two occasions to check the dumpster and that on both occasions they found the conditions to be acceptable. He did say that restaurants and places with food are suppose to bag all their gazbage prior to putting it into the dumpster, which eliminates the odor emanating from the dumpster. The unacceptable levels of odors aze the result of them not bagging the garbage going into the dumpster. Mr. Bergstrom responded that the problem usually occurs on the weekend. Unless an inspector went out duriug that time, they might not detect anything. c � -9,ts TF� VINTAGE - LEGISLATIVE HEARING MIN[JTES FOR AUGUST 16, 2001 Page 2 Mr. Strathman stated no one is allowed to deprive Mr. Bergstrom of the use of his property by creating noxious odors. If The Vintage is doing that, it is a violation of CiTy code and can be dealt with independent of their licensing matters. If the problems reoccurs, Mr. Bergstrom should call LIEP, tell them there is a problem, and they will send out an inspector. Mr. Bergstrom responded he will do that as a last resort after talldng to Mr. Dewitt and Mr. Nelson. lYlr. Stratluuau stated he xeceived two ob}ection letters. The fizst letter is from Paul Bergstrom who just spoke. The second letter is from the Dayton Avenue Rowhouse Association, which is at 568, 570, 572, 574 Dayton Avenue. They indicate they have concerns about the expansion. They were assured by the owners that special steps would be taken to ensure that noise from the customers and smell from their gazbage would not be a problem. This has turned out not to be the case. Their primary concerns aze that the increase in the number of customers will magnify the problem of the gazbage smell. It will cause additional noise for the residents, and will contribute towazd a parking shortage in the neighborhood. Troy Dewitt, owner, and Dan Nelsen, general manager, appeared. Mr. DeWitt stated he would agree with everything Mr. Bergstrom said. Last sunvner, there was an issue with the dumpster smell. Mr. Nelson ordered a larger dumpster with a heavier lid that cannot freely stand open. It also has a rubber gasket so that the garbage will stay below the top level and the lid by gravity will stay shut. The cleaning staf£would prop the dumpster open in order to throw in items, and they would sometimes forget to close the duxnpster. There is a policy now that the dumpster cannot be propped open in anyway. It has been very hot, and NIr. DeWitt feels the duxnpster has retained the scent very well. Mr. Strathman asked are they bagging the garbage. Mr. Nelson responded they aze, but bags tear periodically. He parks neaz the dumpster everyday. If the lid is down, there is no noticeable odor. Last summer, the dumpster was not big enough. On a busy week, they could not get the lid down. Now, they have a dumpster that is nearly double the size. Previously, a stafFperson would prop the lid open and forget to close it. There is an odor even if the gazbage is bagged; however, this has not been a problem for some rime. Mr. Strathxnan asked about the noise issue raised by the Rowhouse Association. Mr. Nelson responded he has been at The Vintage four yeazs and has received one phone call about the noise. That was the aberration of a lazge group of people that were having a pariy in the bar that got out of hand. The Vintage is a quite, romantic place. In their letter, the Rowhouse Association writes "numerous complaints." Mr. Nelson is the person they would tallc to about this issue, and numerous complaints have not taken place. He has received up to four calls on the smell issue. Mr. Strathman asked if they had anytlung to say about pazking. Mr. DeWitt responded they were not going to expand with the variance, which is why they made the effort to purchase the adj acent house. They remodeled it to increase the pazldng azea. The bulk of the parking takes place on the lot behind Mr. Bergstrom's house and an apartment building. Where The Vintage butts up to Mr. Bergstrom's property, there is a drive lane. There should not be much foot traffiq loitering, people leaving the building. There is a small amount of pazking on the east o�.g�5 T'HE VINTAGE - LEGISLATIVE HEARING MINUT'ES FOR AUGUST 16, 2001 Page 3 side. Their lots occupy 250 feet of frontage on Selby. There is often good pazking rigJrt in front. Mr. DeWitt does not feel The Vintage has encroached on the neighborhood in terms of parking pressure. Mr. Bergstrom is the closest resident to The Vintage and the patio azea. If there was noise from the pafio, he would be the first one to notice. Mr. Bergstrom stated he does not see any problem with pazldng. There is noise when people leave, but that is to be expected. He lives in the CiTy because he likes to be azound people. He knows that The Vintage cannot gag people before they get to their cazs. Mr. DeWitt and Mr. Nelson have taken steps to ask people to be quiet when they exit the restaurant. Gerry Strathman recommended approval of the license application with the condifions that haue been previously been placed on the license, which are as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street pazking spaces must be provided and the parking lot must be developed in accordance with the zoning approved site plan. The meeting was adjourned at 1:51 p.m. fii4t ORIGI�IAL RESOLUTION C1TY OF $QINT PAUL, lyt}�NESOTA Presented Referred To Council File # O� � s Green Sheet # 106170 tq Committee Date VJHEREAS, the Legislative Hearing Officer recommends that license applicarion (ID # 0030828) for Extension of Service Area to Third Flooz and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale over 100 Seats to Over 200 Seats by The Vintage, 579 Selby Avenue, be approved with the following condifions: 1) Patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Pau1 hereby approves this license application with the recommended conditions. Yeas Nays Absent Blakey ✓ Coleman � Hazris Benanav � Reiter � Boshom �� Lanhy �� R o Requested by Department of: � Form Approved by City Attomey � Adopted by Council: Date .S 7 a O =�-- � Approved by Mayor for Submission to Council Adoption Certified by Council Secr� B By: '� �i - • y .y/y Approved by Mayor: Date �( I1fa�! By: - �\ `�r��-�'�%%��" '���"�� b1�415 oFrnan�exrro��cF.tcoutaa� ow�wm��o - ' � , �"` 106170 c�t Council Offices s-��-o� GREEN SHEET No CONiACT PERSON 8 WiONE ' '- Y�maIID�b MNbYDb Gerry Strathman, 266-8560 mµ,�raw�,aR wrcaana MUST BE ON COUNCILAGHJR4 BY (0ATE) 11DEIGII . . �� arvAilOINlY CIIYCIfIlR NOlRiib � ❑Rt�11WLfFllUCFlOR n1�IrJ�tiF1NI11CCfa � ❑ WYORPRYiRl11f11 ❑ TOTAL # O� SIGNATURE PAC,ES (CLJP ALL LOCATIONS FOR SIGNATURE) criont �uESrm Approving application with conditions for Extension of Service Area to Third Eloor and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale Over 100 Seats to Over 200 Seat by The Vintage, 579 Selby Avenue. RECOM ENDATION Approve (A ar ReJed (R PERSONALSERYIQ CONTRAGTS MUSTANSWERiHE FOLLAWIN6 QUESTIONS: � � 1: Hmtlirepe'euJfumeuerv.arkedunderaoonGactforihistlepaihneM7 PLANNINGCOMMISSION VES NO CIB CAMMCREE 2. Flastttls perpaNfirm aer Eem e ary empbyee9 CIVILSERVICECAMMIS$ION , - , , VES , NO 3. Dae¢ Mis PeisaNfirm poesece e sldll not namalbPOeaeaeetl M a�Y curteM cily empioyee7 YES NO ' 4. �611116p2180MIR118�3fQE18C�lf1U0Y7 �S � • . . , .. EJ�IBIII2H y08 2118�4CI8 p1�82p818fE STIBBI elltl Blf8d1 W QIBlM18�IfM INI7IATMG PROBLEM ISSUE, OPPOR7UNIN (Who. What, When, Nfhere, Why) � ADVANTAGESIFAPPRQVED C�uncil Res�arch �errter � � . � � AU6 7 `� 2001. DISAWANTAGES IFAPPROVED � DISADVANTAGES IF NOT APPROVED ` � � TOTAL AMOUNT OF 7RANSACTION S COET/REVEHUE BUOfiE7m (GRCLE ON� YES NO FUNDINC SOURCE ACTNITY NIWBER � FlN4NCI41INFORMATION(pWWNj . . • � ' � . . , � o�-`tl MINUTES OF'TF� LEGISLATIVE HEARING TT� VINTAGE - 579 Selby Avenue Thursdap, August 16, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne, Asuncion, License, Inspections, Environmental Protection (LIEP); Kristine Schweinler, LIEP The meeting was called to order at 133 p.m. Gerry Sirathman stated this hearing is being held to heaz objections to the license application for The Vintage, 579 Selby Avenue. Kristine Schweinler reported the request is for an eactension of azea to the Third Floor and upper balcony. Staff recommends approval of the licenses with the conditions that were on the license previously, which aze as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Fourty- seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan. Mr. StratYunan asked does the expansion of service have an nnpact on the nuxnber of off street spaces required. Ms. Schweinler responded that Tom Beach (LIEP) says it is sufficient to handle the expansion. Paul Bergstrom, 579 Dayton Avenue, appeared and stated he lives closer to The Vintage than anyone in the City. His back fence is less than 20 yuds from their building. The Vintage is a good neighbor. The neighborhood has become better since The Vintage moved in. Whenever commercial businesses are in predominantly residential azeas, there aze going to be issues. The issue Mr. Bergstrom wrote about is the dumpster. He has spoken to Troy DeWitt and Dan Nelson, and they aze willing to talk about tYus issue. The odor has gotten somewhat better, but is still a problem May through September, especially when the weather gets hot. There may be up to eight occasions in the sununer when the smell is strong and odor from the dumpster prevents him and his neighbors from enjoying their backyazd. He would like some conditions placed on the license that the owner take steps to make sure the garbage problem is cleared up. If they are going to expand and serve more food, Mr. Bergstrom expects they will have more gazbage and it will become more of a problem. Mr. Strathman stated he contacted Bill Gunther, the City's d'uector for Environmental Protection. He reported that inspectors were sent out on two occasions to check the dumpster and that on both occasions they found the conditions to be acceptable. He did say that restaurants and places with food are suppose to bag all their gazbage prior to putting it into the dumpster, which eliminates the odor emanating from the dumpster. The unacceptable levels of odors aze the result of them not bagging the garbage going into the dumpster. Mr. Bergstrom responded that the problem usually occurs on the weekend. Unless an inspector went out duriug that time, they might not detect anything. c � -9,ts TF� VINTAGE - LEGISLATIVE HEARING MIN[JTES FOR AUGUST 16, 2001 Page 2 Mr. Strathman stated no one is allowed to deprive Mr. Bergstrom of the use of his property by creating noxious odors. If The Vintage is doing that, it is a violation of CiTy code and can be dealt with independent of their licensing matters. If the problems reoccurs, Mr. Bergstrom should call LIEP, tell them there is a problem, and they will send out an inspector. Mr. Bergstrom responded he will do that as a last resort after talldng to Mr. Dewitt and Mr. Nelson. lYlr. Stratluuau stated he xeceived two ob}ection letters. The fizst letter is from Paul Bergstrom who just spoke. The second letter is from the Dayton Avenue Rowhouse Association, which is at 568, 570, 572, 574 Dayton Avenue. They indicate they have concerns about the expansion. They were assured by the owners that special steps would be taken to ensure that noise from the customers and smell from their gazbage would not be a problem. This has turned out not to be the case. Their primary concerns aze that the increase in the number of customers will magnify the problem of the gazbage smell. It will cause additional noise for the residents, and will contribute towazd a parking shortage in the neighborhood. Troy Dewitt, owner, and Dan Nelsen, general manager, appeared. Mr. DeWitt stated he would agree with everything Mr. Bergstrom said. Last sunvner, there was an issue with the dumpster smell. Mr. Nelson ordered a larger dumpster with a heavier lid that cannot freely stand open. It also has a rubber gasket so that the garbage will stay below the top level and the lid by gravity will stay shut. The cleaning staf£would prop the dumpster open in order to throw in items, and they would sometimes forget to close the duxnpster. There is a policy now that the dumpster cannot be propped open in anyway. It has been very hot, and NIr. DeWitt feels the duxnpster has retained the scent very well. Mr. Strathman asked are they bagging the garbage. Mr. Nelson responded they aze, but bags tear periodically. He parks neaz the dumpster everyday. If the lid is down, there is no noticeable odor. Last summer, the dumpster was not big enough. On a busy week, they could not get the lid down. Now, they have a dumpster that is nearly double the size. Previously, a stafFperson would prop the lid open and forget to close it. There is an odor even if the gazbage is bagged; however, this has not been a problem for some rime. Mr. Strathxnan asked about the noise issue raised by the Rowhouse Association. Mr. Nelson responded he has been at The Vintage four yeazs and has received one phone call about the noise. That was the aberration of a lazge group of people that were having a pariy in the bar that got out of hand. The Vintage is a quite, romantic place. In their letter, the Rowhouse Association writes "numerous complaints." Mr. Nelson is the person they would tallc to about this issue, and numerous complaints have not taken place. He has received up to four calls on the smell issue. Mr. Strathman asked if they had anytlung to say about pazking. Mr. DeWitt responded they were not going to expand with the variance, which is why they made the effort to purchase the adj acent house. They remodeled it to increase the pazldng azea. The bulk of the parking takes place on the lot behind Mr. Bergstrom's house and an apartment building. Where The Vintage butts up to Mr. Bergstrom's property, there is a drive lane. There should not be much foot traffiq loitering, people leaving the building. There is a small amount of pazking on the east o�.g�5 T'HE VINTAGE - LEGISLATIVE HEARING MINUT'ES FOR AUGUST 16, 2001 Page 3 side. Their lots occupy 250 feet of frontage on Selby. There is often good pazking rigJrt in front. Mr. DeWitt does not feel The Vintage has encroached on the neighborhood in terms of parking pressure. Mr. Bergstrom is the closest resident to The Vintage and the patio azea. If there was noise from the pafio, he would be the first one to notice. Mr. Bergstrom stated he does not see any problem with pazldng. There is noise when people leave, but that is to be expected. He lives in the CiTy because he likes to be azound people. He knows that The Vintage cannot gag people before they get to their cazs. Mr. DeWitt and Mr. Nelson have taken steps to ask people to be quiet when they exit the restaurant. Gerry Strathman recommended approval of the license application with the condifions that haue been previously been placed on the license, which are as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street pazking spaces must be provided and the parking lot must be developed in accordance with the zoning approved site plan. The meeting was adjourned at 1:51 p.m. fii4t ORIGI�IAL RESOLUTION C1TY OF $QINT PAUL, lyt}�NESOTA Presented Referred To Council File # O� � s Green Sheet # 106170 tq Committee Date VJHEREAS, the Legislative Hearing Officer recommends that license applicarion (ID # 0030828) for Extension of Service Area to Third Flooz and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale over 100 Seats to Over 200 Seats by The Vintage, 579 Selby Avenue, be approved with the following condifions: 1) Patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Pau1 hereby approves this license application with the recommended conditions. Yeas Nays Absent Blakey ✓ Coleman � Hazris Benanav � Reiter � Boshom �� Lanhy �� R o Requested by Department of: � Form Approved by City Attomey � Adopted by Council: Date .S 7 a O =�-- � Approved by Mayor for Submission to Council Adoption Certified by Council Secr� B By: '� �i - • y .y/y Approved by Mayor: Date �( I1fa�! By: - �\ `�r��-�'�%%��" '���"�� b1�415 oFrnan�exrro��cF.tcoutaa� ow�wm��o - ' � , �"` 106170 c�t Council Offices s-��-o� GREEN SHEET No CONiACT PERSON 8 WiONE ' '- Y�maIID�b MNbYDb Gerry Strathman, 266-8560 mµ,�raw�,aR wrcaana MUST BE ON COUNCILAGHJR4 BY (0ATE) 11DEIGII . . �� arvAilOINlY CIIYCIfIlR NOlRiib � ❑Rt�11WLfFllUCFlOR n1�IrJ�tiF1NI11CCfa � ❑ WYORPRYiRl11f11 ❑ TOTAL # O� SIGNATURE PAC,ES (CLJP ALL LOCATIONS FOR SIGNATURE) criont �uESrm Approving application with conditions for Extension of Service Area to Third Eloor and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale Over 100 Seats to Over 200 Seat by The Vintage, 579 Selby Avenue. RECOM ENDATION Approve (A ar ReJed (R PERSONALSERYIQ CONTRAGTS MUSTANSWERiHE FOLLAWIN6 QUESTIONS: � � 1: Hmtlirepe'euJfumeuerv.arkedunderaoonGactforihistlepaihneM7 PLANNINGCOMMISSION VES NO CIB CAMMCREE 2. Flastttls perpaNfirm aer Eem e ary empbyee9 CIVILSERVICECAMMIS$ION , - , , VES , NO 3. Dae¢ Mis PeisaNfirm poesece e sldll not namalbPOeaeaeetl M a�Y curteM cily empioyee7 YES NO ' 4. �611116p2180MIR118�3fQE18C�lf1U0Y7 �S � • . . , .. EJ�IBIII2H y08 2118�4CI8 p1�82p818fE STIBBI elltl Blf8d1 W QIBlM18�IfM INI7IATMG PROBLEM ISSUE, OPPOR7UNIN (Who. What, When, Nfhere, Why) � ADVANTAGESIFAPPRQVED C�uncil Res�arch �errter � � . � � AU6 7 `� 2001. DISAWANTAGES IFAPPROVED � DISADVANTAGES IF NOT APPROVED ` � � TOTAL AMOUNT OF 7RANSACTION S COET/REVEHUE BUOfiE7m (GRCLE ON� YES NO FUNDINC SOURCE ACTNITY NIWBER � FlN4NCI41INFORMATION(pWWNj . . • � ' � . . , � o�-`tl MINUTES OF'TF� LEGISLATIVE HEARING TT� VINTAGE - 579 Selby Avenue Thursdap, August 16, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne, Asuncion, License, Inspections, Environmental Protection (LIEP); Kristine Schweinler, LIEP The meeting was called to order at 133 p.m. Gerry Sirathman stated this hearing is being held to heaz objections to the license application for The Vintage, 579 Selby Avenue. Kristine Schweinler reported the request is for an eactension of azea to the Third Floor and upper balcony. Staff recommends approval of the licenses with the conditions that were on the license previously, which aze as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Fourty- seven (47) off street parking spaces must be provided and the pazking lot must be developed in accordance with the zoning approved site plan. Mr. StratYunan asked does the expansion of service have an nnpact on the nuxnber of off street spaces required. Ms. Schweinler responded that Tom Beach (LIEP) says it is sufficient to handle the expansion. Paul Bergstrom, 579 Dayton Avenue, appeared and stated he lives closer to The Vintage than anyone in the City. His back fence is less than 20 yuds from their building. The Vintage is a good neighbor. The neighborhood has become better since The Vintage moved in. Whenever commercial businesses are in predominantly residential azeas, there aze going to be issues. The issue Mr. Bergstrom wrote about is the dumpster. He has spoken to Troy DeWitt and Dan Nelson, and they aze willing to talk about tYus issue. The odor has gotten somewhat better, but is still a problem May through September, especially when the weather gets hot. There may be up to eight occasions in the sununer when the smell is strong and odor from the dumpster prevents him and his neighbors from enjoying their backyazd. He would like some conditions placed on the license that the owner take steps to make sure the garbage problem is cleared up. If they are going to expand and serve more food, Mr. Bergstrom expects they will have more gazbage and it will become more of a problem. Mr. Strathman stated he contacted Bill Gunther, the City's d'uector for Environmental Protection. He reported that inspectors were sent out on two occasions to check the dumpster and that on both occasions they found the conditions to be acceptable. He did say that restaurants and places with food are suppose to bag all their gazbage prior to putting it into the dumpster, which eliminates the odor emanating from the dumpster. The unacceptable levels of odors aze the result of them not bagging the garbage going into the dumpster. Mr. Bergstrom responded that the problem usually occurs on the weekend. Unless an inspector went out duriug that time, they might not detect anything. c � -9,ts TF� VINTAGE - LEGISLATIVE HEARING MIN[JTES FOR AUGUST 16, 2001 Page 2 Mr. Strathman stated no one is allowed to deprive Mr. Bergstrom of the use of his property by creating noxious odors. If The Vintage is doing that, it is a violation of CiTy code and can be dealt with independent of their licensing matters. If the problems reoccurs, Mr. Bergstrom should call LIEP, tell them there is a problem, and they will send out an inspector. Mr. Bergstrom responded he will do that as a last resort after talldng to Mr. Dewitt and Mr. Nelson. lYlr. Stratluuau stated he xeceived two ob}ection letters. The fizst letter is from Paul Bergstrom who just spoke. The second letter is from the Dayton Avenue Rowhouse Association, which is at 568, 570, 572, 574 Dayton Avenue. They indicate they have concerns about the expansion. They were assured by the owners that special steps would be taken to ensure that noise from the customers and smell from their gazbage would not be a problem. This has turned out not to be the case. Their primary concerns aze that the increase in the number of customers will magnify the problem of the gazbage smell. It will cause additional noise for the residents, and will contribute towazd a parking shortage in the neighborhood. Troy Dewitt, owner, and Dan Nelsen, general manager, appeared. Mr. DeWitt stated he would agree with everything Mr. Bergstrom said. Last sunvner, there was an issue with the dumpster smell. Mr. Nelson ordered a larger dumpster with a heavier lid that cannot freely stand open. It also has a rubber gasket so that the garbage will stay below the top level and the lid by gravity will stay shut. The cleaning staf£would prop the dumpster open in order to throw in items, and they would sometimes forget to close the duxnpster. There is a policy now that the dumpster cannot be propped open in anyway. It has been very hot, and NIr. DeWitt feels the duxnpster has retained the scent very well. Mr. Strathman asked are they bagging the garbage. Mr. Nelson responded they aze, but bags tear periodically. He parks neaz the dumpster everyday. If the lid is down, there is no noticeable odor. Last summer, the dumpster was not big enough. On a busy week, they could not get the lid down. Now, they have a dumpster that is nearly double the size. Previously, a stafFperson would prop the lid open and forget to close it. There is an odor even if the gazbage is bagged; however, this has not been a problem for some rime. Mr. Strathxnan asked about the noise issue raised by the Rowhouse Association. Mr. Nelson responded he has been at The Vintage four yeazs and has received one phone call about the noise. That was the aberration of a lazge group of people that were having a pariy in the bar that got out of hand. The Vintage is a quite, romantic place. In their letter, the Rowhouse Association writes "numerous complaints." Mr. Nelson is the person they would tallc to about this issue, and numerous complaints have not taken place. He has received up to four calls on the smell issue. Mr. Strathman asked if they had anytlung to say about pazking. Mr. DeWitt responded they were not going to expand with the variance, which is why they made the effort to purchase the adj acent house. They remodeled it to increase the pazldng azea. The bulk of the parking takes place on the lot behind Mr. Bergstrom's house and an apartment building. Where The Vintage butts up to Mr. Bergstrom's property, there is a drive lane. There should not be much foot traffiq loitering, people leaving the building. There is a small amount of pazking on the east o�.g�5 T'HE VINTAGE - LEGISLATIVE HEARING MINUT'ES FOR AUGUST 16, 2001 Page 3 side. Their lots occupy 250 feet of frontage on Selby. There is often good pazking rigJrt in front. Mr. DeWitt does not feel The Vintage has encroached on the neighborhood in terms of parking pressure. Mr. Bergstrom is the closest resident to The Vintage and the patio azea. If there was noise from the pafio, he would be the first one to notice. Mr. Bergstrom stated he does not see any problem with pazldng. There is noise when people leave, but that is to be expected. He lives in the CiTy because he likes to be azound people. He knows that The Vintage cannot gag people before they get to their cazs. Mr. DeWitt and Mr. Nelson have taken steps to ask people to be quiet when they exit the restaurant. Gerry Strathman recommended approval of the license application with the condifions that haue been previously been placed on the license, which are as follows: 1) The patio close no later than 11 p.m. on Sundays, 2) Forty-seven (47) off street pazking spaces must be provided and the parking lot must be developed in accordance with the zoning approved site plan. The meeting was adjourned at 1:51 p.m. fii4t