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02-436.�.� � 5 id' � } 4 �� 9 ! / //'/ � // �/ /_�L �� � /0/� RESOLUTION _ „ CITY�F SAINT PAUL, MINNESOTA Presented Referred To Council File # OZ-�k3 Green Sheet # 113734 �S Committee Date 1 WHEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20020000516) for 2 Malt On Sale (Strong), Wine On Sale, and Restaurant Licenses by John D'Agostino, dba CafB Biaggio, 2356 3 i�niversity Avenue West, be approved with the following condirions: - - - - • . - • -- - -- - - - - - --- - - - - �� 7 THEEFORE BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves this license with 8 the aforementioned conditions. 1) Jordan Realty will post a sign on University frontage of Cafe' BiaQgio directing patrons to uark in rear of buildinQ, 2) 3) 4) t will mark 10 svaces construct a on median ru. fence (with materials and rkine lot from Universitv Office of LIEP shall review these 9 10 11 12 13 14 15 � conditions on July 1, 2003. Yeas Nays Absent Blakay � Coleman v Harris ` Benanav � Reiter � Bostrom �/ Lanhy v � � � 16 Adopted by Council: Date /Y��� �� 17 �� 18 Adoption 19 By: 20 Approved 21 By: Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council '" �City CounciT Offices Gerry Strattiman, 266-8560 � May 15, 2002 TOTAL # OF SIGNATURE PAGES GREEN SHEET o1-y�b N� 113734 U no�m�r or�ra� U arrca.cz — ❑ mrwnoxar ❑ wrcamc ❑ wuwnu.aEwu¢esort ❑ nuxu�taam�accr¢ ❑ WYORI�M/14ffiTIMf) ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving application with conditions for Malt On Sale (Strong), Wine On Sale, and Restaurant Licenses by John D'Agostino, President, dba Cafe Biaggio, 2356 University Avenue West. PLANNING COMMISSION CIB CAMMITTEE CML SERVICE COMMISSION ISSUE, lias Nis a�soNfirtn erer workee uMer a cant�act fw mis department7 VES NO Fks ihis P��mi ever been e citY anDbYee9 YES NO Oces ihis Ge���m P� a sldll not mm�alNP� M anY wrteM aty empbyee? YES NO Is this peisoNfiim a targetetl veiMOY1 YES NO Council �esearch Center MAY $ �, 2002 IFAPPROVED � � h%7UNT OF TRANSACTION SOURCE INFORMA7bN (E1�PWln COSTRtEVENUEBUDGETED(GRCLEON� ACi1VITY NUMBER YES NO O�..y3` MINUTES OF Tf� LEGISLATIVE HEARING CAFE BIAGGIO - 2356 University Avenue West Gerry Strathman, Legislative Hearing Officer Tuesday, Apri130, 2002 Room 330 Courthouse STAFF PRESENT: Tom Beach, LIEP (License, Inspecrions, Environmental Protection) The meeting was called to order at 2:02 p.m. Gerry Strathman stated this is a hearing to heaz objections that have been raised against the license application for Cafe Biaggio. Tom Beach reported Cafe Biaggio has appiied for restaurant, wine on sale, and malt on sale licenses. Fire is recommending approval. Environmental Health is recommending approval pending filrflier inspecfions. Licensing is recommending approval pending liquor liability insurance. Zoning is recommending approval pending pazking. LIEP's recommendafion is for approval with no conditions. Tnn Christenson, Oppenheimer, Wolff, and Donnelly Law Firm, representing McCann Developments who owns the adjoining properties to the east, appeared and stated McCann Developments is not opposed to this particulaz applicant. Their primary concern is pazking. McCann has a long history on this block. They had a plan with the City to get more parking in the Raymond-University azea. McCann developed the rest of the block, including a new building that was opened a year ago. They have put together a lot of pazking to accommodate their needs. Their concern is the amount of pazking Cafe Biaggio has on site is insufficient. Their balance to reach zoning requirements is a remote lot about a block and a half away. The theory would be that the ownership far 2356 University would accommodate the restaurant pazking in their pazking space adjacent to the restaurant and cause other tenants to park in the other lot a block away. But, the remote lot is not completed yet. Also, from a practical view, the restaurant patronage may not park in the correct parking places. McCann Developments is asking for the following conditions to be placed on the license: 1) the remote lot to be completed, 2) appropriate signage for the number of spaces for the restaurant, 3) the owner should make some sort of physical barrier. (Mr. Christenson submitted a map showing the area.) Mr. Christenson went on to say the only entrance off of University Avenue is in the McCann lot. There is no curb cut into the restaurant lot. A curb cut there would help. People enter the McCann lot looking for a place to pazk. Mr. Strathman asked what kind of signage he suggests. Mr. Christenson responded spaces near the restaurant should have a sign "for restaurant usage." Restaurant patrons are not going to block 1.5 blocks away. The patrons are the people more likely to use the McCann parking lot. Pazking is a premium in the whole area. They have a post office with in and out traffic. There is 0�•4�4 CAFE BIAGGIO - 2356 iJNIVERSITY AVENIJE WEST - APRIL 30, 2002 Page 2 some decorative fencing there now. It would be appropriate to have the fencing divide the two lots so there is no easy access right across. McCann sent a letter to the City, but that letter did not get to the City Council. Mr. Strathman stated he received a letter from the St. Anthony Park Community Council recomxnending approval of this application. Mr. Christenson responded he did not get to the community council before they sent that letter. They were not awaze of McCann's concerns. Mr. Strathman stated it is his observation that remote lots do not work. Employers aze unwilling or unable to make their employees pazk in remote lots. He asked what aze the parking requirements. Mr. Beach responded 28 spaces are required, which is intended to take care of employees and customers. There are 120 spaces on the main lot. When the remote lot site is developed, it will have 107 spaces. There was a delay in acquiring the properties and there were contatnina6on issues. The rest of the building is divided between office space and mini warehouse cold storage space. The idea was the storage space, which does not require much parking, couid be converted to office space, which would require more parking. They could do that so the requirement of the parking would meet the supply, Mr. Strathman asked is there sufficient parking on this properiy to meet zoning requirements. Mr. Beach responded they would need to count some of the spaces in the remote lot. Typically, LIEP's policy is if there is an approved site plan far a lot, they allow it to be counted. Usually, lots are built relatively quickly after approval. Mr. Strathman asked is a block and half a long way to expect people to walk in Minnesota to go to a restaurant. Mr. Beach responded remote lots have to be within half a block or 300 feet according to the zoning code. In this case, the remote lot is 650 feet. There was a vaziance granted by the Board of Zoning Appeals to allow this remote lot to be further away. Mr. Christenson asked the number of spaces needed at the remote lot to meet the parking requirements. Mr. Beach responded he calculated 150 spaces, which would be 30 more than the main lot. Mr. Christenson added the variance was from 1999 and the lot is still not done. Mr. Strathman stated his understanding is the current usage, excluding the restaurant, requires a11 the spaces that are there. The 28 addirional spaces aze all being acquired through the remote lot. Mr. Beach responded that is correct. He heard people are pazking on the remote lot informally. Ellen Waters, President of Midway Chamber of Commerce, appeazed and stated they are supportive of a new restaurant in the area. She has had dozens of calls from people asking when it will be opening; however, it is important to talk about the pazking issue. The McCann Fanuly and Update Company have invested more money in that area than anyone else. They have renovated and buiit new office buildings and created pazking. It is very eapensive to do. The owners of the Specialty Building have tried to create parking with the remote lot. It is somewhat in question whether the remote lot will solve the problem. There is a pazking shortage in that o�-�t�� CAFE BIAGGIO - 2356 LJNIVERSITY AVENLJE WEST - APRIL 30, 2002 Page 3 azea. The azea does not lack patking, but they lack pazking in the right place. They aze trying to get all the owners together to tallc about sharing pazking more adequately. Some of tluugs Update is asking for aze reasonable: signage and a physical barrier to sepazate the lot. The remote lot needs to be completed as soon as possibie. It has gone on way too long. Right in front of the restaurant and along thai street are meters that aze not well utilized. With proper enforcement, the meters could be useful and alleviate pressure. She would like to see both parties successful in that azea Steve Jacobs, 2334 University Avenue #190, tenant of the McCann Developments, has been a business person in that area for over 20 years. He is not opposed to a restaurant or liquor license. There is a lot of properry that would be attractive to developers, but there is a parking problem. His suite has five to seven lawyers who rent space. They have trouble with people parking in front of their office to use the building ne� door. A restaurant that does not provide for parking on site will fiirther limit Mr. Jacobs' business and others. Some provision has to be made to provide adequate parking. Right now, the area is a log jam. Mr. Strathxnan asked about the conditions proposed earlier. Mr. Jacobs responded the conditions would be helpful; however, the remote lot is wishful thinking. As of now, there is not a well maintained walkway from the remote lot. He cannot see people walking that far. The signage and ornamental fencing would be helpful. He is not sure any of those things are enough. He has been a tenant in that building for twelve years. Mr. Strathxnan asked would he deny the license based on 3nadequate parking and prevent the restaurant from opemng. Mr. Jacobs responded he is not sure he would. It seems the new business should find a way to accommodate the parking problem. It should not be the existing properry interest that has to deal with a problem created by someone else. The City ordinances support that. (Mr. Strathxnan was given docuxnents showing where the restaurant and lot are located. A photograph was also shown; it was later returned.) The following appeazed: John D'Agostino, owner, and Shari Breed. Mr. D'Agostino stated he can understand the McCann's concern about the parking because they are business people. He has seen their customers pazk in his lot and go to the post office. It is impossible to control people. A sign can go up that reads "No Parldng" but that will not stop them. He goes to the restaurant everyday. He pazks on University Avenue and plugs the meters. No one else pazks at the meters. At one tune there may haue been a problem for parking, but in the evening after 4:00, the building empfies out and the parking lot is empty. Evening business in the restaurant will not inflict any problems on the McCann Properiy. He cannot speak to the lunch issue, but there will be a lot of walk up trade. He does not want to infringe on the McCann's Property and ha�e problems for them. O'�-ys6 CAFE BIAGGIO - 2356 UNIVERSITY AVENUE WEST - APRLL 30, 2002 Page 4 Ms. Breed stated there will be spots in the front of the restaurant for restaurant only. There can be si�age about towing vehicles that aze parked illegally. She does not feei it will impact the business that much with all the on street pazking. They will have mazked spots in their lot. It could be primarily for that 1.5 hours at lunchtime. D'Agostino stated they assumed there was enough pazking there for them to proceed with this project which is very espensive. Ms. Breed added the whole first year was the parking issue, which they thought was resolved. Mr. Strathman asked whose responsibility is it to develop the remote lot. Mr. D'Agostino responded Pat Jordan, owner of the Speciaity Building. She is in depositions and could not be here today. She said the lot would be completed and paved by October. Employees will park there. Mr. 5trathman asked about the proposal for a fence to be built to divide the lots to prevent people from walking from one lot to another. Mr. D'Agostino responded he does not have a problem with it; however, it is an issue between Jordan Realty and McCann Properties. Jack McCann, McCann Developments, 2380 Wycliff Street, appeazed and stated they strive hard to accumulate pazking so their tenants do not haue to go outside their lot. They had 150 people that pazked as of this morning. The moment they get e�ra people in their lot due to meetings and visitors, he will get calls about the lack of pazking. He fields these ca11s from tenants who are paying him money to be there and pazk there. He understands Mr. D'Agostino's expense, but Mr. McCann spent over $5 Million developing their properry. The first piace a person is going to drive into from the street is their patking lot. Around noon is the post office traffic. He cannot afford to monitor the pazking lot. Mr. Strathman asked have they tallced to the owner of the Specialty Building about building a fence. Mr. McCann responded they did not talk to her about that. They talked to her last Friday, and she feels she has plenty of parking. She did not specify anything in regazds to signage. It did not appear she was interested in doing anything than what she has been doing. It appears the restaurant is renting the space and it is up to them to make the business work. People will pazk in his lot for 20 minutes to get a sandwich. He never had a caz towed in the 14 years he had that lot. He has had the tow hucks there, but the vehicle are gone. Mr. Strathman stated there could be signage he could put on his lot as we1L Mr. McCann responded he plans to spend up to $1,000 on signage. Mr. Strathman asked when the restaurant is scheduled to open. Mr. D'Agostino responded July 1 through the middle of July. Mr. Strathmau recommends approval of the license application on the following three conditions: 1) the remote lot is completed by October 2002, 2) the owner provide signage indicating the 6 � ���� CAFE BIAGGIO - 2356 iTNIVERSITY AVENLJE WEST - APRIL 30, 2002 Page 5 appropriate places to park for Cafe Biaggio, 3) the owner provides decorative fencing to separate Cafe Biaggids lot from the lot neat door. If the three condifions aze not acceptable to the owner, then lus recommendarion will be changed to send the matter to an Administrative Law Judge for a formal hearing. He is unwilling to recommend approval of the license without resolution of the pazking problem. He asked if Mr. Beach will contact the property owner to see if those conditions aze acceptable to them and inform Mr. Strathman of her answer. Mr. Beach responded in the affiimative. The meeting was adjoumed at 2:43 p.m. G.il Note: the owner of the restaurant and the owner of the building were agreeable to the three condifions. � c�a- �f 3� Amendment to Council File # 02-436 Substitute for lines 4-6: 1. Jordan Realty will post a sign on University frontage af� directing patrons to park in reaz of building 2. Jordan Realty will mark 10 spaces for restaurant parking behind the Specialty Building Upon receipt of an executed and recordable easement from the Update Company for same, Jordan Realty will construct a post and chain fence (with materials and design selected by Jordan Rea1ty) on median rumiing through parking lot from University to Myrtle. 4. Should update Company provide a documented demonstration of an unreasonable parking encroachment by patrons of Cafe Biaggio, the Office of LIEP shall review these conditions on July 1, 2003.