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02-1083F° . �,, .�������'?��°`r� Presented Refesed To Committee Date WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 2Q0200Q2577) for Restaurant (C)-Limited, Ma1t Off Sale, Liquor On Sale-Sunday, Liquor On Sale-100 Seats or Less (C), Gambling Location, False Alanns, Entertainment (B), Cigazette/Tobacco, and Alarm Pernut (New) by A M Investors, Inc., dba Pickles, 1082 Arcade Street, be approved with the following conditions: 1) Monitor and maintain lighting at the back azea of the building. 2) Provide security personnel to promote the orderly behavior of patrons on and leaving the premises. The premises shall include the area immediately adjacent to the establishment. Special attention will be paid to encourage patrons to leave the area. 3) The azea azound the building must be kept free of litter. 4) Doors and windows of the establishment must remain clased during the time entertainment is provided; TI3EREFORE, BE IT RE50LVED that the Council of the Clty of Saint Paul hereby approves this license applicafion with the recommended conditions. Yeas Nays Absent Blakey � Coleman �/ Hazris �/ Benanav ✓ Reiter � Bostrom � Lanhy ✓ � � Adopted by Council: Date �eN _� m, '� pp a Adoprion By: Approved By: RESOLUTION CfTY OF SAINT PAUL, MfNNESOTA Council File # p�. 1083 Green Sheet # 113835 �a Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Councii ��. r:. o�nRr�rro�tc�couNCi� ow��xmnho ��' '�, City Council Offices o�t. zs, Zooz GREEN SHEET No j ���3� COMAC7 PERSON 8 PFiOME WtlYima inpywaq ' Gerzy Stratl�an, 266-8560 , �.� MUST BE ON COUNCIL AGENDA BY (DA'f� Ass�GN MUYB92FOR QIVATiOpEY ❑CRYCL@RII ROIff111G � �� li1n11C14.aERNtESOR ❑ w1�11CMLaER1I�ICCTC ❑ YAYCR(ORAt86lANi) ❑ TOTAL # OF SIGNATURE PAGES (CL.IP ALL LOCATIONS FOR SIGNATURE) CTION RE9UESTED . . - , - - Approving application with conditions for Restaurant (C)-Limited, Malt Off Sale, Liquor On Sale-Sunday, Liquor On Sale-1-0O Seats or Less (C), Gambling Location, False Alarms, Entertainment (B), Cigarette/Tobacco, and Alarm Permit (New) by A M Investors, Znc., dba PiCkles, 1082 Arcade Street. RECAMMENDATION Approve (A) w Rejeet (R) PERSONALSERViCE CON7RACIS MUSTANSWERTNE FOLLOWING QUESTIONS: 1. Flaethisper�rmeverworketluMxawnVacttorthieaepartment? PLANNINGCOMMISSION YES NO CIB CAMMITTEE 2. Has Mis persoNfirm ever been a dty anpbyee4 CIVII SERVICE COMMISSION VES NO 3. Does this perso�vhrm possess a sldll not nMmallypossessetl by anY �+� utY employee? YES NO � 4. Is thia personl@m atargetetivenEa7 YES � Fxplein all yee answers on sepa2te sheet aM attach W preen sheet INITIATMG PROBLEM ISSUE, OPPORTUNITV (Wha, What, When, WMre, Why) ADVAMAGES IF APPROVE� Council €�esearch Cerrter OCT 2 ; 2002 DISADVANTAGES IF APPROVED DISADVANTA6ES IF NOT APPROVFD " TOTALAMOUNTOFTRANSACTIONS COST/REVENUEBUOGETED(GRCLEON� YES NO FUNDING SOURCE ACTNITY NUMBHR FlNANCNL INFORMAiION (IXPWN) � b a-\o rr3 MINUTES OF THE LEGISLATIVE HEARING PICKLES - 1082 Arcade Street Thursday, October 3, 2002 Room 330 Courthouse CTeny Strathman, Legislative Hearing Officer The meeting was called to order at 10:01 a.m. STAFF PRESENT: Kristine Schweinler, LIEP (License, Inspections, Environmental Protection) Gerry Strathman stated this is a legislative hearing to hear objections to a license applicarion by AM Investors, Inc., doing business as Pickles. Kristine Schwe'vnler reported AM Investors, Inc., doing business as Pickles, 1082 Arcade Street, has applied for the following licenses: On Sale Liquor C, Liquor on Sa1e-Sunday, Restaurant C, Entertainment B, Off Sale 3.2 Malt, Cigarette/Tobacco, Gambling Location, Fa1se Alarms, and Alarm Permit (New). Requirements have been met pending an opening inspection by Licensing. LIEP recommends approval with reasonable conditions: additional lighting on the back of the building and picking up trash from around the premises on a daily basis. She is recommending these because of phone conversations with some of the neighbors. John Brengman, 835 Magnolia Avenue East, appeazed and stated he has had a long going relationship with the bar, which is owned by Gerald Neuspickle; Mr. Thompson, his successor; and Mr. Ritchie, previous owner. The neighbors have had difficulty keeping the area clean. In the past week, he has removed articles of underclothing from the street that seem to appear whenever there is activity at the bar. The bar has been renovating the last few weeks, but the behavior of the drui�lcs has not changed. There are a lazge number of bazs along Arcade Street; there aze eight in a seven block stretch. The lazge contingency of rowdy folks is upsetting the atmosphere of the neighborhood. It is impossible to have a full night sleep because of noise, fighting, etc. The lighting in back is important to the neighbors. There is a religious charity abutting the property, which stopped evening distribution because of the harassment. Mr. Brengman does not mind if people park in front of his house, but he does not want people to park on the boulevard. Mr. Brengman went on to say that there might be more neighbors here if the meeting was later. He is retired, but most of the neighbors work, and it is hard for them to get off work in the middle of the day. This is the second time the neighbors have laid these problems in front of the CiTy. They had a conversation December 1997 about these same issues. The block ciub at that time was given some promises that some things would be added to the license, but that never happened. In a lot of respects, the neighbors haue given up because nothing ever happens to improve their lives. He is not anticapitalist, nor is he against the man hying to make a business; however, the residents feel they are not being listened to and it is very hurtful. OZ-�a tr3 LEGISLATIVE HEARING MINiJTES FOR PICKLES, 1082 Arcade Street Page 2 Mr. Strathman asked what he would like the City to do. Mr. Brengman responded he would like to see the piace cleaned up. He would like to see any business owner treat neighbors as equals and not as impediments or hiudrances. He would like the properry policed. It is not his fault that the air conditioning breaks down and they haue to open doors and windows wlule bands play late at night. There has been a history of callous behavior. The lighting is a problem. There is a lot of pedestrian traffic. Sexual encounters happen on the open stairwell in that building. He added two lamps to the front of his house that aze on ail night. He is three doors away from Pickles. Mr. Stratlunau stated what the City can do is three things: 1) grant the license, 2) grant with conditions, 3) begin a process that would involve formal hearings with an Administrafive Law Judge (AL� to take testimony and evidence to see if there aze sufficient grounds to deny the application. The judge would write a formal report, the City Council would review it, and then make a decision whether to grant or deny the license. There is a strong presumption in law in favor of people who want to run a legal business. It is a high standard to refuse a license, although the City Council can do that and has done that on a few occasions. It does not sound like things aze at a point where an AL7 would recommend denying the license, and the City Council would proceed to do that. Mr. 5trathman stated the best course is to establish useful conditions for additional lighting, cleanup of debris, and noise. Ms. Schweinler responded one of the conditions is the doors remain closed during business hours. If the doars are open, it would be up to the neighbors to report that. There are 180 bars in Saint Paul, many of them with conditions. There is only one inspector. It is up to the neighborhood to make sure incidents are reported to the Mayor's Information and Complaint Office, which is open 24 hours a day. Father Paul Allick, 1009 145�' Street East, Burnsville, appeazed and stated he volunteers at the Trnuty Mission Food Shelf, which is next to Pickles. He does not have objections to people enjoying libations, but this goes beyond that. He understands that the City does not want to hinder business people in the community, but business owners have responsibilities to the community. The Hmong Family Center is across the street. There are kids all over the neighborhood. Trinity Mission used to do have things at night, but the parking is filled up right away by bar patrons. He does not understand why there is a baz on that corner. With alcoholics, drinking goes on a11 day. Mr. Strathman asked what strong conditions he has in mind. In response, Father Allick asked is there a way to deny the entertainment piece. Ms. Schweinler responded the only way to easily do that is for the owner to withdraw his application for the entertainxnent license. There are many bars in the area that offer entertaimnent. It may be an issue of competifion in the mazket. She recommends conditions that the doors remain closed during entertainment and insulating and soundproofing the building. Gerald Neuspickle, owner, appeared and stated he operated that business for nine yeazs before he sold it five yeazs ago. He tried to work with the neighbors. He understands the problem with the I1 � oa-�os� LEGISLATIVE HEARING MINiJTBS FOR PICKLES,1082 Arcade Street Page 3 noise. A bartender in the last five yeazs would leave the windows open when it was wazm outside. When Mr. Neuspickle was there, the main priority was keeping the windows and doors closed. He would like to pursue the business without live entertaimnent if it is econoxnically feasible. Mr. Strathman stated he will recommend approval of the license with conditions in respect to the lighting, cleaning up, policing the area, and keeping the doors and windows closed. If the owner is agreeable to those conditions, Mr. Strathman would recommend approval of the license application with those condifions. Ms. Schweinler added there should be a condition about the business at closing time. Mr. Neuspickle stated he installed lighting in the back. The light is still there. He will put a fimer on it to make sure it goes ofF. He cannot speak to the last five years when he did not own the business. Regarding the bottles and trash in the yazd, they do not sell bottles at Pickles. One neighbor brought over a grocery bag full of bottles. He disposed of them, but they were not his. As for cazs on the boulevard, he has not witnessed this himself. Yesterday there were guys there that seemed to be homeless in the back parking lot, which is not Mr. Neuspickle's lot. Later, he picked up six cans of beer and put them in the trash. He picked up numerous empty pop cans between the Trinity Mission and the bar. His informarion is that people who are coming to the Trinity Mission for the free food cause some of the trash. Mr. Strathman xesponded he understands all the trash in the neighborhood is not caused by Mr. Neuspickle; however, it is necessaty that he and all property owners keep their property clean and assist in keeping the general neighbarhood clean. Mr. Strathman stated he understands these conditions may not solve every problem, but this is probably as faz as the Ciry can go. Now, it is up to the neighbors to contact the City if these conditions are not being complied with. His recommendation will go to the City Council within the nes�t few weeks. The City Council will typically approve his recommendation. If peopie disagree with him, they can contact Council President Bostrom. Gerry Strathman recommends approval of the license applicarion with the following conditions: 1. Monitor and maintain lighting at the back area of the building. 2. Provide security personnel to promote the orderly behavior of patrons on and leaving the prexnises. The premises shall include the area unmediately adjacent to the establishment. Special attention will be paid to encourage patrons to leave the area. 3. The area azound the building must be kept free of litter. 4. Doars and windows of the establishment must remaan closed during the time entertainment is provided. The meeting was adjourned at 10:29 a.m. fYYil