02-1083F° . �,,
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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
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Requested by Department of:
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Form Approved by City Attomey
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Approved by Mayor for Submission to Councii
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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
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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.
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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
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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.
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