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03-1102Council File # � J' �� 2- Green Sheet # �� D l � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refeired To ,� ��.. �Z Committee: Date � RESOLVED, that the application for an off-sale malt license by Chanh Yang d!b/a Super Convenience Store, for the premises located at 922 Thomas Avenue, be approved, with the following conditions, which were agreed to by the applicant: 1) Licensee will maintain in good working order video surveillance cameras on the interior and exterior of the building to constantly monitor the premises. Tapes shall be maintained for seven days and must be made available to LIEP and/or the police upon request. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) 3) 4) Signage shall be posted on the exterior of the building to inform patrons that loitering is not allowed. Licensee agrees to pick up litter on a daily or as needed basis on their property, and within a one-block perimeter of the licensed establishment. Licensee shall obtain age verification equipment prior to beginning the sale of 3/2 malt off-sale. FCTRTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated September 5, 2003 are adopted as the written findings and conclusion of the Council in this matter. This Resoluuon is based on the record of the proceedings before the ALJ, including the hearing on August 12, 2003, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALJ as referenced above and the deliberations of the Council in open session at the public hearing on October 1, 2003. o3-�i�2 � 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the 3 Administrative Law 7udge and to the Applicant. 4 isdopted by Council: Date �Pi!_ /9..�'�/li Adoption Certified by Council Secretary Appx s,. l� �� 3 �� 72-o3-D3 � Green Sheet Green Sheet p3 - llD2 Green Sheet Green Sheet Green Sheet Green Sheet � �� DepartmenUoffice/wuncil: Date Initiated: � -L;�,��„��„�ot 24NOV-03 Green Sheet NO: 3008414 Coniact Person 8 Phone- DeoarhneM SeM To Person Inkial/Date Ginge� Palmer � 0 icense/Ins 'on/Environ Pro Z66-8�� Assign 1 iriAttom Gin erPalmer � Must Be on Council Agenda by (Date): Number 2 �c¢nse/In ection/Environ Pro De arm�ent Director For ROUting 3 a or's OtLce MavodAssistant Order 4 ouocil 5 i Clerk Ci Clerk ToWi # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Approval of application for an off-sale malt license by Chanh Yang d/b/a Super Convenience Store, with conditions. T'hat the finding<. of fact and conclusions of law contained in the ALJ report dated 9-5-03 are adopted as the written findings and conclusion of the Council at the public hearing on 10-1-03. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Foilowing Questions: Planning Commission 7, Has this persoNfirtn everworked under a contract for this departrnenY? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city employee? Yes No Explain alt yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee submitted applicarion for off-sale mak license on 3-12-03. The City gave norice of the pending license application on 3-27-03 Objections to ffie approval on the ]icense were received and hte matter was scheduled for an ALJ hearing. AdvanWges If Approved: Approval of license DisadvaMages If Approved: None Disadvantages If Not Approved: License will notissued Total Amount of CosURevenue Budgeted: Transaction: 6 � R � � nn? � rV � �� Fundinn Source: Activity Number: ar �i'�'' -� � Financial Information: yg �+ g � gy xg (ExPlain) LB�L 6f tY Lii� D�- ll02 STA'!'E OF MINNFSOTA OFFICE OF ADMINISTRATIVE HEARL�TGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 September 5, 2003 � .- Don Luna, City Clerk �i��. 170 City Hall S�p � �� 20t�3 15 West Kellogg Blvd. St. Paul, MN 55102 r;� j y� 1�(�� Re: In the Matter of the Malt Off-Sale application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul OAH Docket No. 4-6020-15469-3 Dear Mr. Luna: 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 o�cial record, with the exception of the two tape recordings of the hearing. If yau wouid like a copy of the tapes, please contact our o�ce in writing or by telephone at 612-341-7448. Our file in this matter is now being closed. Sincerely, �fiV�CC � • - BRUCE H. JOHNS Assistant Chief Adm i rative Law Judge Telephone:(612)341-7607 BHJ:nh Encl. cc Virginia D. Palmer Chanh Yang, d!b/a Super Convenience Store Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665 b 3 � � ��2 OAH Docket No. 4-6020-15469-3 STATE OF lNINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Malt Off-Sale application submitted by Chanh Yang d/b/a/ Super Convenience Store for the premises located At 922 Thomas Avenue in St. Paul FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION Administrative Law Judge Bruce H. Johnson conducted a hearing in this matter beginning at 930 a.m. on Tuesday, August 12, 2003, in Room 42, St. Pauf City Nall, 15 West Kellogg Boulevard, St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, represented the City of St. Paul (the City) at the hearing. The Applicant, Chanh Yang, d/b/a Super Convenience Store, represented himself at the hearing. The record closed on August 15, 2003, when the information that the ALJ requested to supplement the record was received. This Report is a recommendation, not a final decision. The City Council of the City of St. Paul will make the final decision after reviewing the hearing record. The Council may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations. Under the City's Legislative Code,� the Council will not make its final decision until after it has provided the licensee an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Judge in the application of the law or interpretation of the facts and to presenf argument related to the recommended adverse action. Parties should contact the City Clerk's Office, City of St. Paul, 170 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, to find out how to file objections or present argument. ' St. Paul Legislative Code, section 310.05 (c) (2003). (Unless otherwise specified, all references to that code are to the 2003 edition.) p3-r�o2 STATEMENT OF THE ISSUE 1Nhether or not the City Council should grant Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquor at the Super Convenience Store? Based upon the record in this matter, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The City of St. Paul (the City) is a municipal corporation located in Ramsey County, Minnesota, and is a politicai subdivision of the State. The City's governing body is the St. Paul City Council. The State has delegated to the City authority to issue licenses for the sale of alcoholic beverages. 2. On or about March 12, 2003, Chanh K. Yang, doing business as Super Convenience Store, submitted an application to the City for a license to sell nonintoxicating mait liquors at the grocery store that he owns and operates at 922 Thomas Avenue in St. Paul. 3. Pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code, on March 27, 2003, the City gave notice of the pending license application to the affected neighborhood organization and to the residents of the neighborhood in which Mr. Yang's business is located. That organization and those residents were given until May 2, 2003 to voice any objections to Mr. Yang's license application 4 The City also advised Mr. Yang of the deadline for raising objections to his application and that a hearing would be scheduled before a legislative hearing officer if any objections were received 5 4. The District 7 Planning Councit was the affected neighborhood organization to which notice of Mr. Yang's license application was sent. On April 29, 2003, District 7 Planning Council responded to the notice by raising several objections to Mr. Yang's application. Those objections included the fact that there already were several stores selling alcohol in the immediate neighborhood, that a drug and alcohol recovery program was located across the street from Mr. Yang's store, that a daycare center was located a block away, and that Mr. Z Minnesota Statutes, sections 340A.401 through 340A.415. 3 Exhibits 1 and 2. ' Exhibit 4. 5 Exhibit 5. -2- 03 - //02 Yang's store was surrounded by residential housing in which a number of young children lived 6 5. On or about April 8, 2003, Model Cities Community Development Corporation submitted a written objection to Mr. Yang's license application. The basis for Model Cities' objection was that it was in the process of establishing a housing program across the street from Mr. Yang's grocery store. That program is designed to serve households with single-heads of families who are recovering from drug and alcohol abuse. It was Model Cities' belief that allowing malt liquors to be sold at Mr. Yang's grocery store would hinder the program's objective of establishing a chemical-free environment for those families and hinder them from achieving long-term abstinence.' 6. Four individual neighborhood residents also submitted written objections to Mr. Yang's license application, citing such potentiaf problems as underage purchase of alcohol, the number of other establishments with off-sale licenses to sell malt liquors, loitering, and increased littering and automobile traffic in the neighborhood. 7. Since objections to Mr. Yang's license application were received, the City Council referred the matter for hearing before a legislative hearing officer pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code 9 8. The legislative hearing officer conducted a hearing on Mr. Yang's application at the St. Paul City Hall on Tuesday, May 20, 2003. The hearing officer received six letters objecting to issuing a license to Mr. Yang for various reasons, including those described in finding No. 6. Mr. Yang appeared and indicated that thirty-six of forty customers that he had surveyed supported selling malt liquors at his store.'� The City's Office of License, Inspections and Environmental Protection (LIEP Office) recommended that the City grant the license subject to conditions.' During the legislative hearing the question arose whether denial of the license might be based on an over-concentration of off-sale licensees in that area. 9. During a recess of the hearing, the fegislative hearing officer macie inquiries and concluded that "the City Council cannot deny the license for over- concentration of this type of license." That conclusion was based on an 6 Exhibit 6. ' Exhibit 7. e Exhibit 8. 9 Exhibit 9. 10 Exhibit 13 " See Exhibit 20. ' Exhibit 10. 73 Exhibit 13 at p. 3. -3- 03 - I l02 understanding that there were only fwo estabiishments within a half-mile of Mr. Yang's grocery store that heid off-sale licenses for the sale of nonintoxicating malt liquors. 10. Foliowing the legislative hearing, the legislative hearing officer recommended approval of the license with the foilowing conditions: "1. License holder will maintain in good working order video surveillance cameras in the interior and exterior of the building to constantly monitor premises. Tapes must be maintained for seven (7) days. Tapes must be available to police and LIEP inspectors upon request. 2. Signage shall be posted on the exterior of the building to notify patrons that loitering is not allowed. 3. Licensee agrees to pick up litter on a daily or as needed basis (usually this means at least once a day) on their property and within a one (1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July 1, 2003." 11. Mr. Yang subsequently agreed to those conditions for licensure. 12. However, on June 4, 2003, the City Councii declined to adopt a resolution approving Mr. Yang's license application, with the conditions recommended by the legislative hearing o�cer. Rather the City Council referred the matter of that application for a hearing before an administrative law judge pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code.'� 13. On July 1, 2003, the City issued a Notice of Hearing that schedu�ed a hearing before the undersigned Administrative Law Judge on July 22, 2003, in the matter of Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquors. _ 14. On July 15, 2003, District 7 Planning Council sought leave to intervene as a party in this proceeding and also requested a continuance of the hearing in order to enable it to gather evidence. " Exhibit 11 and Exhibit A. 75 Exhibit 13 at p. 5. 76 Exhibit 15. "Exhibit 16. 78 Exhibit 17. C= 03- �/02 15. On July 21, 2003, the City issued an amended Notice of Hearing rescheduling the hearing in this matter for August 12, 2003, and this administrative proceeding ensued. 16. The grocery store that Mr. Yang now operates as Super Convenience Store was operated by a previous owner as Craig's Country Boy. When operated under that name, the store held an off-sale license to seli non- intoxicating malt liquors. The owner of Craig's Country Boy soid the business to Owny Alkatout, who did not wish to sell malt liquor and therefore did not seek transfer of the license. Mr. Alkatout, in turn, sold the business to Mr. Yang. 17. Mr. Yang is seeking an off-sale license to sell nonintoxicating malt liquors in order to improve the profitability of his business. Unlike other existing licensed establishments in that part of St. Paul's Frogtown neighborhood, Mr. Yang has strong ties to the Hmong community, which he believes will patronize his grocery store as a preferred vendor of malt liquors? 18. The City's records of police calls to Mr. Yang's grocery store during the last year do not indicate that Super Convenience Store has in the past had an adverse impact on the neighborhood in terms of litter, disorderly conduct, or traffic. 19. In the past, Mr. Yang has not operated the Super Convenience Store in a way that unreasonably annoys, injures, or endangers the safety, heaith, morals, comfort, or repose of any considerable number of inembers of the public. 20. Issuing an off-sale malt liquor license to Mr. Yang will not result in increases of automobile traffic. 21. There is a daycare facility located approximately one block away from the Super Convenience Store. 22. Directly across Milton Street from the Super Convenience Store, Model Cities Community Development Corporation is in the process of creating a residential program that will serve households with singie-heads of families who are recovering from drug and alcoho� abuse. 23. There are four establishments within a haif-mile radius of Mr. Yang's Super Convenience Store that currentiy possess on-sale licenses to sell 19 Exhibit 20; testimony of Chanh Yang. 20 Testimony of Chanh Yang; Exhibit 20. 21 Exhibit 14; testimony of Kristina Schweinler. ZZ Exhibit 13 at p. 3. 23 Exhibit A; testimony of Tait Danielson. -5- 03 - �1D2 nonintoxicating maft liquors. 7hose establishments include one full-service liquor store, another convenience store, and two bars that also hold off-sale malt licjuor licenses 24 24. These Findings are based on ail of the evidence in the record. Citations to portions of the record are not intended to be exclusive references. 25. 7he Administrative Law Judge adopts as Findings any Conc{usions that are more appropriately described as Findings. 26. To the extent that the Memorandum that follows contains findings of fact, the Administrative Law Judge hereby adopts them as such. Based upon these Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. Minnesota law and the St. Paul Legislative Code give the Administrative Law Judge and the St. Paul City Councii authority to conduct this proceeding, to consider whether the City Council should grant Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquors. 2. The City gave Mr. Yang proper and timely notice of the hearing in this matter, and the City has complied with all of the law's substantive and procedural requirements for initiating and proceeding with this matter. 3. Minnesota 1a� provides that: The governing body of a city or county may issue off-sale or on-sale licenses for the sale of 3.2 percent malt liquor within their respective jurisdictions. 4. The St. Paul Legisiative Code contains the following provisions pertaining to the issuance of off-sale licenses to sell nonintoxicating malt liquors: No person shall sell nonintoxicating mait liquors at retail in St. Paul without a license. .�� 24 Exhibit 22. 25 Minnesota Statutes, section 14.50, and section 340A.503; St. Paul Legislative Code Section 310.05. 26 Minnesota Statutes, section 340A.412, subdivision 1(b). � 03 -ilo Off-sale licenses shall permit the licensee of such nonintoxicating malt liquors to sell the same in original packages for consumption off the premises only. 5. Minnesota law further provides that: A focal authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits. 6. The St. Paul Legislative Code imposes the following restrictions and regulations on the issuance of licenses to sell nonintoxicating malt liquors: '*� In addition to any other grounds under Saint Paul Legislative Code Section 310.06(b), it shall be a basis for denial of the license if the city councii, in its discretion, determines (1) that the proximity of other licenses for the sale of 3.2 malt liquor at off-sale would result in an over-concentration of such licenses in (1) neighborhood, which would adversely impact the neighborhood or its residents, programs and/or would have an adverse impact on the welfare of the city in terms of litter, disorderly conduct or traffic. 7. Generally, in an administrative proceeding like this, "[t]he party proposing that certain action be taken must prove the facts at issue by a preponderance of the evidence." In this proceeding, Mr. Yang is proposing that the City issue a license to him to seil nonintoxicating malt liquors, so he has the burden of establishing by a preponderance of the evidence that he meets the legal criteria for issuing that license, except as provided in Conclusion 8, below. 8. St. Paui Legislative Code, Section 410.03(fl provides that "[w]hen the application is for the sale of 3.2 malt liquor at off-sale the Office of License, Inspections and Environmental Protection shall determine whether there are other premises Iicensed for the sale of 3.2 malt liquor within a haif-mile radius of the proposed location." The City therefore bears the burden of establishing how many premises licensed for the sale of 3.2 malt liquor are located within a half- mile radius of the proposed location. 9. Granting a license to Mr. Yang for off-sale of nonintoxicating malt liquors will not unreasonabiy annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of inembers of the pubfic within the meaning of Section 310.06 (b)(7) of the St. Paul Legislative Code. 27 St. Paul Legislative Code, Section 410.01(a) and (c). 28 St. Paul Legislative Code, Section 410.03(�. 29 Minnesota Rules, part 1400.7300, subpart 5. -7- D3 - ��a2 10. Section 310.06 (b) of the St. Paul Legislative Code does not provide any other basis for taking adverse action against Mr. Yang's pending Iicense apptication. 11. If Mr. Yang's application for a license to sell malt liquor is granted, the proximity of other licenses to seil malt liquor within a half-mile of Mr. Yang's grocery store will create an over-concentration of malt liquor licenses within the meaning of Section 403(fl of the St. Paul Legislative Code. 12. The over-concentration of licenses described in Conclusion No. 4 9 will not adversely impact the neighborhood or its residents, programs, and/or institutions within the meaning of Section 403(fl of the St. Paul Legislative Code. 13. A new malt liquor license at Mr. Yang's Super Convenience Store will not have an adverse impact on the welfare of the city in terms of litter, disorderly conduct, or traffic within the meaning of Section 403(fl of the St. Paul Legislative Code. 14. The Administrative Law Judge adopts as Conclusions any Findings that are more appropriately described as Conclusions. 15. The Memorandum that follows explains the reasons for these Conclusions, and to that extent, the Administrative Law Judge incorporates that Memorandum into these Conclusions. Based upon these Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION The Administrative Law Judge respectfuUy recommends that the St. Pau! City Council GRANT the application of Chanh K. Yang, doing business as Super Convenience Store, for an off-sale license to seil nonintoxicating malt liquors. Dated this �! '' day of September 2003. �RUCE H. JOHNS Administrative Law � �3.- ��02 MEMORANDUM There are facts that favor granting Mr. Yang an off-sale license to seil mait liquors. First, it appears that the same establishment heid such a license under a prior owner but that Mr. Yang's immediate predecessor made a decision not to continue selling those kinds of products. Second, there is no evidence that the Super Convenience Store, while under Mr. Yang's ownership, has created any public safety or neighborhood nuisance problems. Third, it appears that the licensure conditions that Mr. Yang has agreed to will address many of the neighborhood objections that have been raised—such as potential problems with litter, underage drinking, and loitering. Evidence offered at the legislative hearing did not support concerns that licensing Mr. Yang's grocery store to sell malt liquors might create additiona! vehicle traffic problems in the neighborhood. Although concerns were expressed that an off-sale license at the Super Convenience Store could possibly have some adverse impact on the Wilder daycare center a block away, there was no showing of how allowing adults to purchase malt liquor off-sale there would pose a risk to the children at the daycare center. Billy's Victorian Bar, which holds an off-sale malt license as well as on-sale licenses, is ►ocated about the same distance from that daycare center. And there was no evidence, or even assertion, that off-sale customers of that establishment have created any problems for daycare children. The difficulty here arises with respect to concentration of establishments licensed for off-sale of malt liquor. It appeared to be LIEP's belief, both at the legislative hearing and at the administrative hearing before Yhe ALJ, that there were only two establishments licensed for off-sale of malt liquors within a half- mile radius of the Super Convenience Store--namely, another convenience store and a full-service liquor store. No inquiry appeared to have been made whether any of the on-sale licensed bars within that radius also possessed off- sale malt liquor licenses. In response to the ALJ's request to the City to supplement the record w+th that information, the City submitted Exhibit 22 on the day after the hearing. That exhibit indicated that two bars within that radius did, in fact, hold off-sale malt liquor licenses. If such a license were issued to Super Convenience Store, it would raise the total to five establishments within a half- mile radius of the intersection of Thomas and Milton. Where an "over-concerrtration" of malt liquor I+censees exists within a half- mile of a proposed location, Section 410.03(fl of the Saint Paul Legislative Code requires the City Council to determine whether the over-concentration would either adversely impact the neighborhood or its residents, programs and/or institutions or wouid have an adverse impact on the welfare of the city in terms of litter, disorderly conduct or traffic. The St. Paul Legislative Code does not define ' See Finding No. 10. 31 See Exhibits 11 and A; testimony of Kristina Schweinler. � 03-��02 the term "over-concentration,° but rather specificaliy gives the City Council discretion to determine how many licensed premises represent an over- concentration. No evidence was presented by any party at the hearing that tended to assist the ALJ in making a recommendation to fhe City Council about whether or not five malt liquor licenses within a half-mile radius represents an over-concentration. However, that appears to be a relatively large number, and the ALJ has therefore concluded that issuing a malt liquor license to Mr. Yang's grocery store will result in an over-concentration of off-sale licenses within a half- mile radius of Thomas and Milton. But the inquiry cannot end there. A mere finding of over-concentration is nof of itself a basis for denying a license application under Section 410.03(fl of the Saint Paul Legislative Code. The Code requires a further finding that the over-concentration (i) either would adversely impact the neighborhood or its residents, programs and/or institutions or (ii) would have an adverse impact on the welfare of the city in terms of litter, disorderly conduct or traffic. The ALJ concludes that the latter criterion has not been met in this case. The legislative hearing officer found that "studies done formally and informally ... indicate there is not an increase in automobile traffic associated with the issuance of an off-sale beer license." From that, the ALJ concludes that granting Mr. Yang the license would not have any impact on traffic. Additionally, the ALJ concludes that the licensure conditions to which Mr. Yang has agreed are sufficient to address any potential problems with litter or disorderly conduct. So the inquiry must turn to whether granting Mr. Yang the license will "adversely impact the neighborhood or its residents, programs and/or institutions." Apart from litter, disorderly conduct, and traffic, neighborhood objections centered on the fact there were a number of children in the - neighborhood, the existence of a daycare program a block away, and the fact that Mode! Cities was establishing a housing program across the street for families with single-heads of household who are recovering from drug and alcohol abuse. As previously noted, there is no evidentiary basis for concerns that ofF- sale of malt liquor at the Super Convenience Store would adversely impact the nearby daycare program. Nor is there any evidentiary basis for concerns that off-sale of malt liquor at Mr. Yang's grocery store wili adversely impact neighborhood children, so long as he complies with conditions designed to prevent sale of malt liquor to minors. And the essence of Model Cities' objection is that the avaifability of maft fiquor at tfie Super Convenience Store wiil increase the risk that the residents of its proposed program will not be able to maintain sobriety. But the ALJ notes that off-sale mait liquor will stiil be available to those residents at Billy's Victorian Bar, which is located a block away from the 32 Exhibit 13 at p. 3. 3a Finding No. 20. -10- �3 - I/�2 proposed Model Cities program in the opposite direction. The ALJ concludes that any incremental increase in that existing risk that issuing this license rriight create does not rise to the level of a quantifiable adverse impact. The ALJ therefore recommends that tfie City Council grant Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquors subject to the conditions to which Mr. Yang has agreed. f�:� -11- 03 - �/oZ OFFICE OF THE CITY ATTORNEY ManuelJ Cervanies, CityAttorney CITY OF SAINT PAUL CivilDivision Randy C. Kelly, Mayor 400 City Hall I S Wut Kellagg Blvd. Saint Paul, Minnuota 55702 � September 11, 2003 NOTICE OF COUNCIL HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Telephone: 651 266-8710 Facsimile: 651298-5619 RE: Malt Off-Sale License application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Dear Mr. Yang: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned violation has been scheduled for 5:30 p.m., Wednesday, October 1, 2003, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the councii at the hearing. No new evidence will be received or testimony taken at this hearing. 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, �/ � �� _«�; _ m� ` -, s�� Virginia D. Paimer Assistant City Attorney cc: Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Tate Danielson, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 AA-ADA-EEO Employer STATE OF MINNESOTA OFFICE OF ADMINISTRA'I'IVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapofis, Minnesota 55401-2138 September 5, 2003 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the Malt Off-Sale application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul OAH Docket No. 4-6020-15469-3 uear ivir. �una: RECE1VEi SEP 0 g 2003 CITY CLERK 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 two tape recordings of the hearing. If you would Iike a copy of the tapes, please contact our o�ce in writing or by telephone at 612-341-7448. Our file in this matter is now being closed. S'incerely, �fIV�C.� � • BRUCE H. JOHNS Assistant Chief Adm i rative Law Judge Telephone:(612)341-7607 BHJ:nh Encl. cc Virginia D. Palmer Chanh Yang, d/b!a Super Convenience Store ''�` , Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law SecGon & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665 � OAH Docket No. 4-6020-15469-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Malt Off-Sale application submitted by Chanh Yang d/b/a/ Super Convenience Store for the premises located At 922 Thomas Avenue in St. Paul FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION Administrative Law Judge Bruce H. Johnson conducted a hearing in this matter beginning at 9:30 a.m. on Tuesday, August 12, 2003, in Room 42, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, represented the City of St. Paul (the City) at the hearing. The Applicant, Chanh Yang, d/b/a Super Convenience Store, represented himself at the hearing. The record closed on August 15, 2003, when the information that the ALJ requested to supplement the record was received. This Report is a recommendation, not a final decision. The City Council of the City of St. Paul will make the final decision after reviewing the hearing record. The Council may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations. Under the City's Legislative Code,' the Council will not make its final decision until after it has provided the licensee an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Judge in the application of the law or interpretation of the facts and to present argument related to the recommended adverse action. Parties should contact the City Clerk's Office, City of St. Paul, 170 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, to find out how to file objections or present argument. ' St. Paul Legislative Code, section 310.05 (c) (2003). (Unless otherwise specified, all references to that code are to the 2003 edition.) STATEMENT OF THEISSUE Whether or not the City Council should grant Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquor at the Super Convenience Store? Based upon the record in this matter, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The City of St. Paul (the City) is a municipal corporation located in Ramsey County, Minnesota, and is a political subdivision of the State. The City's governing body is the St. Paul City Council. The State has delegated to the City authority to issue licenses for the sale of alcoholic beverages. 2. On or about March 12, 2003, Chanh K. Yang, doing business as Super Convenience Store, submitted an application to the City for a license to sell nonintoxicating malt liquors at the grocery store that he owns and operates at 922 Thomas Avenue in St. Paul. 3. Pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code, on March 27, 2003, the City gave notice of the pending license application to the affected neighborhood organization and to the residents of the neighborhood in which Mr. Yang's business is located. That organization and those residents were given until May 2, 2003 to voice any objections to Mr. Yang's license application 4 The City also advised Mr. Yang of the deadline for raising objections to his application and that a hearing would be scheduled before a legislative hearing o�cer if any objections were received 5 4. The District 7 Planning Council was the affected neighborhood organization to which notice of Mr. Yang's license application was sent. On April 29, 2003, District 7 Planning Council responded to the notice by raising several objections to Mr. Yang's application. Those objections included the fact that there already were several stores selling alcohol in the immediate neighborhood, that a drug and alcohol recovery program was located across the street from Mr. Yang's store, that a daycare center was located a block away, and that Mr. 2 Minnesota Statutes, sections 340A.401 through 340A.415. 3 Exhi6its 1 and 2. ° Exhibit 4. 5 Exhibit 5. -2- Yang's store was surrounded by residential housing in which a number of young children lived 6 5. On or about April 8, 2003, Model Cities Community Development Corporation submitted a written objection to Mr. Yang's license application. The basis for Model Cities' objection was that it was in the process of establishing a housing program across the street from Mr. Yang's grocery store. That program is designed to serve households with single-heads of families who are recovering from drug and alcohol abuse. It was Model Cities' belief that allowing malt liquors to be sold at Mr. Yang's grocery store would hinder the program's objective of establishing a chemical-free environment for those families and hinder them firom achieving long-term abstinence. 6. Four individual neighborhood residents also submitted written objections to Mr. Yang's license application, citing such potential problems as underage purchase of alcohol, the number of other establishments with off-sale licenses to sell malt liquors, loitering, and increased littering and automobile tra�c in the neighborhood. 7. Since objections to Mr. Yang's license application were received, the City Council referred the matter for hearing before a legislative hearing officer pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code. 8. The legislative hearing officer conducted a hearing on Mr. Yang's application at the St. Paul City Hall on Tuesday, May 20, 2003. The hearing officer received six letters objecting to issuing a license to Mr. Yang for various reasons, including those described in finding No. 6. Mr. Yang appeared and indicated that thirty-six of forty customers that he had surveyed supported selling malt liquors at his store." The City's O�ce of License, Inspections and Environmental Protection (LIEP O�ce) recommended that the City grant the license subject to conditions. During the legislative hearing the question arose whether denial of the license might be based on an over-concentration of off-sale licensees in that area. 9. During a recess of the hearing, the legislative hear+ng officer made inquiries and concluded that "the City Council cannot deny the license for over- concentration of this type of license." That conclusion was based on an 6 Exhibit 6. � Exhibit 7. $ Exhibit 8. 9 Exhibit 9. 10 Exhibit 13 " See Exhibit 20. ' Exhibit 10. 13 Exhibit 13 at p. 3. -3- understanding that there were only two establishments within a half-mile of Mr. Yang's grocery store that held off-sale licenses for the sale of nonintoxicating malt liquors. 10. Following the legislative hearing, the legislative hearing o�cer recommended approval of the license with the following conditions: "1. License holder will maintain in good working order video surveillance cameras in the interior and exterior of the building to constantly monitor premises. Tapes must be maintained for seven (7) days. Tapes must be available to police and LIEP inspectors upon request. 2. Signage shall be posted on the exterior of the building to notify patrons that loitering is not allowed. 3. Licensee agrees to pick up litter on a daily or as needed basis (usually this means at least once a day) on their property and within a one (1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July 1, 2003." 11. Mr. Yang subsequently agreed to those conditions for licensure.' 12. However, on June 4, 2003, the City Council declined to adopt a resolution approving Mr. Yang's license application, with the conditions recommended by the legislative hearing officer. Rather the City Council referred the matter of that application for a hearing before an administrative law judge pursuant to Section 310.05(d)(1) of the St. Paul Legislative Code.�' 13. On July 1, 2003, the City issued a Notice of Hearing that scheduled a hearing before the undersigned Administrative Law Judge on July 22, 2003, in the matter of Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquors.' 14. On July 15, 2003, District 7 Planning Council sought leave to intervene as a party in this proceeding and also requested a continuance of the hearing in order to enable it to gather evidence. 14 Exhibit 11 and Exhibit A. 15 Exhibit 13 at p. 5. 16 Exhibit 15. " Exhibit 16. 18 Exhibit 17. C� 15. On July 21, 2003, the City issued an amended Notice of Hearing rescheduling the hearing in this matter for August 12, 2003, and this administrative proceeding ensued. 16. The grocery store that Mr. Yang now operates as Super Convenience Store was operated by a previous owner as Craig's Country Boy. When operated under that name, the store held an off-sale license to sell non- intoxicating malt liquors. The owner of Craig's Country Boy sold the business to Owny Alkatout, who did not wish to sell maft liquor and therefore did not 1 9eek transfer of the license. Mr. Alkatout, in turn, sold the business to Mr. Yang. 17. Mr. Yang is seeking an off-sale license to sell nonintoxicating malt liquors in order to improve the profitability of his business. Unlike other existing licensed establishments in that part of St. Paul's Frogtown neighborhood, Mr. Yang has strong ties to the Hmong community, which he believes will patronize his grocery store as a preferred vendor of malt liquors? 18. The City's records of police calls to Mr. Yang's grocery store during the last year do not indicate that Super Convenience Store has in the past had an adverse impact on the neighborhood in terms of litter, disorderly conduct, or traffic. 19. In the past, Mr. Yang has not operated the Super Convenience Store in a way that unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of inembers of the public. 20. Issuing an off-sale malt liquor license to Mr. Yang will not result in increases of automobile traffic. 21. There is a daycare facility located approximately one block away from the Super Convenience Store. 22. Directly across Milton Street from the Super Convenience Store, Model Cities Community Development Corporation is in the process of creating a residential program that will serve households with single-heads of families who are recovering from drug and alcohol abuse. 23. There are four establishments within a half-mile radius of Mr. Yang's Super Convenience Store that currently possess on-sale licenses to sell 19 Exhibit 20; testimony of Chanh Yang. Z° Testimony of Chanli Yang; Exhibit 20. Z ' Exhibit 14; testimony of Kristina Schweinler. � Exhibit 13 at p. 3. Z3 Exhibit A; testimony of Tait Danielson. -5- nonintoxicating malt liquors. Those establishments include one full-service liquor store, another convenience store, and two bars that also hold off-sale malt liquor licenses. 24. These Findings are based on all of the evidence in the record. Citations to portions of the record are not intended to be exclusive references. 25. The Administrative Law Judge adopts as Findings any Conclusions that are more appropriately described as Findings. 26. To the e�ctent that the Memorandum that follows contains findings of fact, the Administrative Law Judge hereby adopts them as such. Based upon these Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. Minnesota law and the St. Paul Legislative Code give the Administrative Law Judge and the St. Paul City Council authority to conduct this proceeding, to consider whether the City Council should grant Mr. Yang's application fior an off-sale license to sell nonintoxicating malt liquors. 2. The City gave Mr. Yang proper and timely notice of the hearing in this matter, and the City has complied with all of the law's substantive and procedural requirements for initiating and proceeding with this matter. 3. Minnesota Iaw provides that: The governing body of a city or county may issue off-sale or on-sale licenses for the sale of 3.2 percent malt liquor within their respective jurisdictions. 4. The St. Paul Legislative Code contains the following provisions pertaining to the issuance of off-sale licenses to sell nonintoxicating malt liquors: No person shall sell nonintoxicating malt liquors at retail in St. Paul without a license. .�� 24 Exhibit 22. 25 Minnesota Statutes, section 14.50, and section 340A.503; St. Paul Legislative Code Section 310.05. z6 Minnesota Statutes, section 340A.412, subdivision 1(b). � Off-sale licenses shall permit the ficensee of such nonintoxicating malt liquors to sell the same in original packages for consumption off the premises only. 5. Minnesota law further provides that: A local authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits. 6. 7he St. Paul Legislative Code imposes the following restrictions and regulations on the issuance of licenses to sell nonintoxicating malt liquors: '' *� In addition to any other grounds under Saint Paul Legislative Code Section 310.06(b), it shall be a basis for denial of the license if the city council, in its discretion, determines (1) that the proximity of other licenses for the sale of 3.2 malt liquor at off-sale would result in an over-concentration of such licenses in (1) neighborhood, which would adversely impact the neighborhood or its residents, programs and/or would have an adverse impact on the welfare of the city in terms of litter, disorderly conduct or traffia 7. Generally, in an administrative proceeding like this, "jt]he party proposing that certain action be taken must prove the facts at issue by a preponderance of the evidence." In this proceeding, Mr. Yang is proposing that the City issue a license to him to sell nonintoxicating malt liquors, so he has the burden of establishing by a preponderance of the evidence that he meets the legal criteria for issuing that license, except as provided in Conclusion 8, below. 8. St. Paul Legislative Code, Section 410.03(� provides that "[w]hen the application is for the sale of 3.2 malt liquor at off-sale the Office of License, Inspections and Environmental Protection shall determine whether there are other premises licensed for the sale of 3.2 malt liquor within a half-mile radius of the proposed location." The City therefore bears the burden of establishing how many premises licensed for the sale of 3.2 malt liquor are located within a half- mile radius of the proposed location. 9. Granting a license to Mr. Yang for off-sale of nonintoxicating malt liquors will not unreasonab{y annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of inembers of the public within the meaning of Section 310.06 (b)(7) of the St. Paul Legislative Code. Z ' St. Paul Legislative Code, Section 410.01(a) and (c). 28 St. Paul Legislative Code, Section 410.03(fl. 29 Minnesota Rules, part 1400.7300, subpart 5. da 10. Section 310.06 (b) of the St. Paul Legislative Code does not provide any other basis for taking adverse action against Mr. Yang's pending license application. 11. If Mr. Yang's application for a license to sell malt liquor is granted, the proximity of other {icenses to se{1 malt liquor within a half-mile of Mr. Yang's grocery store will create an over-concentration of malt liquor licenses within the meaning of Section 403(fl of the St. Paul Legislative Code. 12. The over-concentration of licenses described in Conclusion No. 11 will not adversely impact the neighborhood or its residents, programs, and/or institutions within the meaning of Section 403(fl of the St. Paul Legislative Code. 13. A new malt liquor license at Mr. Yang's Super Convenience Store will not have an adverse impact on the welfare of the city in terms of litter, disorderly conduct, or traffic within the meaning of Section 403(� of the St. Paul Legislative Code. 14. The Administrative Law Judge adopts as Conclusions any Findings that are more appropriately described as Conclusions. 15. The Memorandum that follows explains the reasons for these Conclusions, and to that extent, the Administrative Law Judge incorporates that Memorandum into these Conclusions. Based upon these Conclusions, the Administrative Law Judge makes the following: The Administrative Law Judge respectFully recommends that the St. Paul City Council GRANT the application of Chanh K. Yang, doing business as Super Convenience Stqre, for an off-sale license to sell nonintoxicating malt liquors. Dated this �' '! day of September 2003. �RUCE H. JOHN�O Administrative Law J � There are facts that favor granting Mr. Yang an off-sale license to sell malt liquors. First, it appears that the same establishment held such a license under a prior owner but that Mr. Yang's immediate predecessor made a decision not to continue selling those kinds of products. Second, there is no evidence that the Super Convenience Store, while under Mr. Yang's ownership, has created any public safety or neighborfiood nuisance problems. Third, it appears that the licensure conditions that Mr. Yang has agreed to will address many of the neighborhood objections that have been raised—such as potential problems with litter, underage drinking, and loitering. Evidence offered at the legislative hearing did not support concerns that licensing Mr. Yang's grocery store to sell malt liquors might create additional vehicle traffic problems in the neighborhood. Although concerns were expressed that an off-sale license at the Super Convenience Store could possibly have some adverse impact an the Wilder daycare center a block away, there was no showing of how allowing adults to purchase malt liquor off-sale there would pose a risk to the children at the daycare center. Billy's Victorian Bar, which holds an off-sale malt license as well as on-sale licenses, is located about the same distance from that daycare center. And there was no evidence, or even assertion, that off-sale customers of that establishment have created any problems for daycare children. The difficulty here arises with respect to concentration of establishments licensed for off-sale of malt liquor. It appeared to be LIEP's belief, both at the legislative hearing and at the administrative hearing before the ALJ, that there were only two establishments licensed for off-sale of malt liquors within a haif- mile radius of the Super Convenience Store—namely, another convenience store and a full-service liquor store. No inquiry appeared to have been made whether any of the on-sale licensed bars within that radius also possessed off- sale malt liquor licenses. In response to the ALJ's request to the City to supplement the record with that information, the Gity submitted Exhibit 22 on the day after the hearing. That exhibit indicated that two bars within that radius did, in fact, hold off-sale maft liquor licenses. If such a license were issued to Super Convenience Store, it would raise the total to five establishments within a half- mile radius of the intersection of Thomas and Milton. Where an "over-concentration" of malt liquor licensees exists within a half- mile of a proposed location, Section 410.03(fl of the Saint Paul Legislative Code requires the City Council to determine whether the over-concentration would either adversely impact the neighborhood or its residents, programs and/or institutions or would have an adverse impact on the welfare of the city in terms of litter, disorderly conduct or traffic. The St. Paul Legislative Code does not define 3o See Finding No. 10. 31 See Exhibits 11 and A; testimony of Kristina Schweinler. � the term "over-concentration," but rather specifically gives the City Councii discretion to determine how many licensed premises represent an over- concentration. No evidence was presented by any party at the hearing that tended to assist the ALJ in making a recommendation to the City Council about whether or not five malt liquor licenses within a half-mile radius represents an over-concentration. However, that appears to be a re{ative{y large number, and the ALJ has therefore concluded that issuing a malt liquor license to Mr. Yang's grocery store will resuli in an over-concentration of off-sale licenses within a half- mile radius of Thomas and Milton. But the inquiry cannot end there. A mere finding of over-concentration is not of itself a basis for denying a license application under Section 410.03(fl of the Saint Paul Legislative Code. The Code requires a further finding that the over-concentration (i) either would adversely impact the neighborhood or its residents, programs andlor institutions or (ii) would have an adverse impact on the welfare of the city in terms of litter, disorderiy conduct or traffic. The ALJ concludes that the latter criterion has not been met in this case. The legislative hearing officer found that "studies done formally and informally ... indicate there is not an increase in automobile tra�c associated with the issuance of an off-sale beer license." From that, the ALJ concludes that granting Mr. Yang the license would not have any impact on traffic. Additionally, the ALJ concludes that the licensure conditions to which Mr. Yang has agreed are sufficient to address any potential problems with litter or disorderly conduct. So the inquiry must turn to whether granting Mr. Yang the license will "adversely impact the neighborhood or its residents, programs and/or institutions." Apart from litter, disorderly conduct, and tra�c, neighborhood objections centered on the fact there were a number of children in the neighborhood, the existence of a daycare program a block away, and the fact that Model Cities was establishing a housing program across the street for families with single-heads of household who are recovering from drug and alcohol abuse. As previously noted, there is no evidentiary basis for concerns that off- sale of malt liquor at the Super Convenience Store would adversely impact the nearby daycare program. Nor is there any evidentiary basis for concerns that off-sale of ma{t liquor at Mr. Yang's grocery store wiU adversely impact neighborhood children, so long as he complies with conditions designed to prevent sale of malt liquor to minors. And the essence of Model Cities' objection is that the availability of malt liquor at the Super Convenience Store will increase the risk that the residents of its proposed program will not be able to maintain sobriety. But the ALJ notes that off-sale malt liquor will still be available to those residents at Biliy's Victorian Bar, which is located a block away from the 32 Exhibit 13 at p. 3. aa Finding Na. 20. -10- proposed Model Cities program in the opposite direction. The ALJ concludes that any incremental increase in that existing risk that issuing this license might create does not rise to the level of a quantifiable adverse impact. The ALJ therefore recommends that the City Council grant Mr. Yang's application for an off-sale license to sell nonintoxicating malt liquors subject to the conditions to which Mr. Yang has agreed. B. H. J. -11- STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVICE Case Title: /n fhe Matfer of fhe Malt OAH Docket No.: Off-Sale application submitted by Chanh Yang d!b!a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Nancy J. Hansen, certifies that on the 5th day of September, 2003, she served a true and correct copy of the attached Findings of Fact, Conclusions and Recommendation; by placing it in the United States mail with postage prepaid, addressed to the following individuals: Don Luna, City Clerk Virginia D. Palmer 170 City Hali Assistant City Attomey 15 West Kellogg Blvd. 400 City Hall St. Paul, MN 55102 15 West Kellogg Blvd. St. Paul, MN 55102 Chanh Yang, d/b/a Super Convenience Store 1511 StillwaterAvenue St. Paul, MN 55106 � - OFFICE OF ADNIIIVISTRATIVE HEARIIVGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Malt Off-Sale License Application submitted by Chanh Yang d/b/a Super Convenient Store � August 12, 2003 N��rz�u� �` � EXHIBITS T0: Judge Bruce H. Johnson, Administrative Law Judge, Office ofAdministrative Hearings,100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on August 12, 2003. ExhiUit No. Description Exh. No. 1 Class N, City License Application, from Chanh K. Yang, dated March 12, 2003; including note from applicant, dated Much 12, 2003; and Affidavit, Insurance Waiver For New Applicants, dated March 12, 2003 (5 pp.); Exh. No. 2 Exh. No. 3 Exh. No. 4 Bxh. No. 5 Exh. No. 6 Exh. No. 7 Receipt For Application (2 pp.); Map of Property Within 300 Feet Of Parcel: 922 Thomas Ave, dated March 14, 2003 (1 p.); License Application Notification, mailed March 27, 2003 (2 pp.); Letter from Ct�ristine Rozek to Chanh Yang, dated March 27, 2003 (1 p.); License Review, District 7 Planning Councii, received Apri129, 2003 (1 p.); Letter from Brooke Carroll, Model Cities, to Marcia Moermond, received Apri18, 2003 (1 p.); E�. No. 8 Letters in opposition to �anting license from Linda Wright, dated May 1, 2003; Nellie and Tim Suess, dated April i l, 2003; Easter Beasley, dated Apri12, 2003; Harold Miller, dated March 28, 2003 (4 pp.); Exh. No. 9 Exh. No. 10 Notice Of Legislative Hearing, mailed May 7, 2003 (1 p.); License Application Suunnary, dated May 20, 2003 (1 p.); Exh. No. 11 Three maps; Property Within 5280 Feet OF Parcel: 922 Thomas Ave; Properry Within 2640 Feet OF Parcel: 922 Thomas Ave; Thomas- Dale/District 7 (3 pp.); Exh. No. 12 Exh. No. 13 Exh. No. 14 Exh. No. 15 Eath. No. 16 Exh. No. 17 Exh. No.18 Exh. No. 19 �7�� Jo Z(� �-�-11. A�oZI �xln•. N� 2Z �t�. � Proposed Resolution, City of Saint Paul, Council Fiie #03-528 (2 pp.); Minutes Of The Legislative Hearing, Super Convenient Store, held May 20, 2003 (5 pp.); Saint Paul Police Deparhnent SITS Report for 922 Thomas Avenue, dated Jun 3, 2003 (4 pp.); Proposed conditions (1 p.); Action Minutes Of The Saint Paul City Council for Wednesday, June 4, 2003; Item 18, page 3, refers matter to Administrative Hearing (13 pp.); Notice of Hearing, dated July 1, 2003, with Affidavit of Service (4 pp.); Letter from Tait A. Danielson, District 7 Planning Council, to Judge Johnson, dated July 15, 2003 (1 p.); Notice of Re-Scheduled Hearing, dated July 12, 2003, with Affidavit of Service (2 pp.). S��.w�. o� CL�o.ti,�n K. �-cw�- Cw f-4ln n,#Gr�l.�,n�w�s� �la.o�o�.�a�, o� ', ��C,�;,,� t,� �',y�en Cav,vo,w�e� S�o�ze L.�sk c.�. l.icz,.�� o�-�.t� �m,b�,�1„�s Lw �kt� V�.P, 11/la�p a� Neti�(�.1�o-r� Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 12th day of August, 2003. v uc��nc.G�, �xvw� Virginia � . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Keliogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 �- � � r�� d� l Qa� �aS CLASS N CITY OF SAINT PAUL , Y CITY LI�, AppLIL•A-i•i�� OFfice of License, Inspecnons and Environmental Pro[ec:ion � S APPLICATiON IS SUBJECT TO REVIEW BY THE PLBLiC ,sa s� r�.so-m, sw�z,ao � PLEASE TYPE OR PRPv"I' IN tiv'I{ sa�� e�w, m�Meoa >sioz (651) 2fi69090 iu (bi q 36fiAl2a � �Q� p �45 wen��sq�wi.m�.�n�� 9 ``P t �`� L LICENSES ARE NOT TRANSFERABLE Y+` v �' PAYNIENT MUST BE RECEIVED WI7'H EACFI APPISCATION (/ ��1 Type of License(s) bein� applied for: �� g_ i L^ l% • Projected date of openm�: _ Company Name: _�. corpoation / [fbusinessisincorporated, dace of Business Name(DBA): � Business Address (business location): Phone: Sveet (N, Name, Type, Direc[ion) n/ City� Smte Zip�4 Between what cross streets is the business located? � M� X�� S Which side of [he street? 1 �� f ry�pjZ Are thz premises now occupied? _�____ What Type of Business'� Cr�l"CL�-L Mai! To Address (if d�fferent than business address): ��'u��. S[reec (A, Name, Type, Duecnon) Cicv Smie Zm+4 Applicant [nforma[ion: /'� �� M �/' , Name and Title: _ �-� � F�4.�/ iM M[ddle InRial ti� Firs[ f� iddle (�taiden) �� ^ [,y�.� � � � Title Home Address_ � 1 � % 1 � {' ' X1,L�p ��1� A--t /Z iu qx '�� '� Q �p Scree� (�, Name, Type, Diceccion) City {� Stace Zip*4 Date ofBitth: �--- �{%_.fL-C� Piace of Biith: � Aome Phone: ( GJ i) ��)—� 7 i Fj�'j Driver License: �� `7 �U'� - j 7�_ZJ �ij S-C) c 'j �j State of Issue: M� Have you ever been convicted of any felony, crime or violation of any city ord�nance other than vaffic? YES _ NO�j Dare of arrest: Char�e: _ Convmtion: �liddiz List licenses which you currentty hold, formerty held, or may have an interest in: Havz any of thz above named licenses ever bzen revoked? _ YE$ _.� NO If yes, list the dates and reasons for revocahon: Are yov going to operate this business persona(ly? � YES _ NO If not, who will opecate i[� Fmc Name , S 'I'"L. P.roprietorship Where? Sentence: (Maiden) ' Last Home Address. S¢eet (#, Name, Type, D�rection) Ciry , Stare Zip+4 Phone Number Are you going ro have a manager or assistant in this business? ✓ yES NO [f thz manager is not the sane as the operator, leasz complete thz following infoanation. �.� _ �v, ��.�� =�/�/�� Pint Vamr Home Addrcss: Serezt (%, ��cz��n, �"1 i,�l'Yl � � Date of Binh 6am of B�nh �,vG�f�'Z, R'U� ��---'�,,,,(� M/J 5`�7D(n rl�t��'7�i—�'i36S' Type, D�rectmn) Cin � - - - -- Malt Off-Sale License Appl�ication — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 1 ;� Please IisY your empioyment history for tfie previous five (5) year period: BusinessBmplovment Address _ i5 1 I J-1-.,�.�Q w��"z �.-✓e S�-, �a�.� �1 N 5 S I Q 6 �� 2r�o"3 List a(I other offirers of the corporation: OFFICER TITLE HO�IE HOME BliSNESS DATE OF tiAME (Office Hzld) ADDRESS PHO�'' PAO�'E BIRTH [f business is a partnzrship, p(ease include the folloa�in,g infoanation for zach partner (use additional pages if necessary): Eirst Vame b(iddle Inrtial Flomz Addrcss: S[ree[ (R, Name. Type, Drtecnion) Pirst?lame �LJdIt[nitial Hnme Addre>s Serec� l-, N3me. Typr, Dvzcuon) (ltaidtn) City ��I]Id2f1� City Las� Stace Lp—� Last Statc Zip-4 Date of Bir.n ( 1 Phone Vumber Date of Bir.3 ( ) Phona �umber MIMfESOTA TAX ID[.\1'i PICATION [JliD,18GR - Puruant to diz La�as ofMinnesota, ( 954, Chaptzr �02, Article S, Section ?(370. i'_) (Tar Clearance; [ssuance of Licenses), hcensm� authonties are required to providz to thz State of Minnesota Commiss�onzr of Revenue, thc Minnesota bwinzss tax identification numbu and the socia! security number of each license applicant. Under the Minnesota Govcrnment Data Prac,ices Act and the Fed�ral Prieacg Act of 1974, «�e are requircd to ad��ise you of ihe follo�cm�� regarding the use of thz Niinnesota Tax Identification Number. -This informahon may be used to denythe issuance or renewal ofyour license in the event you ou�e blinnesota sates, employe� s withholdmg or motor vehicle excise taxes; - Upon receivins this information, the licensm� authority wilt suppty �t onlyto Ihe Minncsota Dzpartmentci Revenuz. Hoa�ever, under the Federal Exchanoe of Information A�rcement, the Department of Revenue may supply this infortnation to the Intemal Recenue Service. Minnesota Ta� Idzntificauon Numbers (Sales & Use Tax Number) may be obtained from Ihe State of �finntsota, Business Records Department, 10 River Park Plaza (6� I-296-61 S I). btinnesota Tax Identi6cahon Number. �/ � D� � f� � If a Minnesota Tac Fdentification Number is not required for Ihe business bcino operated, indicate so by placing an "X" in the box. CER'CIFICATIO� OF R'ORKLRS' COMPE•\S.4TI0� COVER4GL PURSUANT TO M<< •SOTA STATUTE 176.18? I hereby cerhfy that I, or my company, am in compliance with the workers' compensation insurancz covera�z requiremznts of i�lmnesota Starute 176.182, subdicision 2. i also understand tliat provision of false informatwn in this certiFcation conshh�res sufficient grounds for adverse action agamst atl licenses held, induding recocation and suspznsion of said Iicenses. Name of [nsurance Company: Policy Numbzr. Coveraez from to I have no employees co�ered undzr workers' compzmation insurance �iXITIALS) ANY FALSIFTCATION OF AIVSWERS GIVFa�' OR NfATERiAL SUB�II'I'CED WII.L RESULT Il`� DEVSN. OF THIS AppLICATION I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and cocrect to the best ofmy knowledge and belief. I hereby state further that I have received no money or other considerat�on, by way of loan, gifr, contribution, or otherwise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected by police, fire, health and othee city officials at any and a 1 ti es whe e business is in operation. �� / � - � �a _ � °� Signature (REQUIRED for a appL rions) Da[e Preferred mz[hods of communication from this office (please rank in order of preference �-" is most preferred): � Phone Number with area code: (� �_) �'� \ � � (� Extension (Circle the type of phone number you have listed above: Business Aome Cell Fax Pager Phone Number with area code: ( ) Extension (Cirele the type of phone numbe you have lis�te �ab Business ( �I o Cell Fax Pager '`� MaiL � � I � ��../�Y�(��iLT�V (R� -Q � <f' {�"^''4� L!'=-'�� JC Svee� (�, Vame, Type, DirecGOn) Gry Smce Zip+4 _ Internet: E-Ma�l Address �Ve �ri(1 accept payment by cash, check (made payable [o City of'Saint Paul) or credit card (MasterCard or Visa). **Note: If this applica[ion is Food/Liquor related, please contact City of Saint Paul Health Inspector, Steve Olson (651-266-9139), to review plans. if any substantiai changes to structure are anticipated, please contact a City of Saint Paul Plan Examiner at (651-266-9007) to apply for building pevnits. If there are any changes to the parking lot, floor space, or for new operatimis, please contact a City of Saint Patd Zoning Inspector at (651-266-9008). All app6catiuns require the following doeuments. Please �ttaeh theDe documents i�fizn subriiifting gour applieahon: '�- I. A detailed description of the design, location and square fo'otage of the p"remises Tobe licensed (si[e plan); � The folldwing data should be p�C the site;plan (pceferably on ad 8'/a x 11 �' ��'$'Cz' � 14�,paper)i- �" `�"`' �.�',�- ��.�*.� �- Name addcess an�l phone ntfmber. " � � ` � - � The scale sfiould be stated suCh as 1 20 ^tV should be xndicated towa�d the Co � " - '`�=PEacemeqt of ai] pertinenc�eatur'�es oPShe inteiioi�of the iicensed faciIity uc�i as s�e"ating'a�eas kifc�`i��i,s"�"offces r pair ar`ea, _.parking,iestrooms,,eEC. .�-�._ . _. . �:.�`, �� -- :" .': r..-� `- � � - If a reques� is for an aildition or expansion of thel�ceused facflity,`indCcate both fhe"tqirent acea and 2he proposed expansioa. 2. A copy of your lease agreement oi proof of owne�ship of the property. ., �� IFPAYL'VGBYCREDITCARDPLEASECOMPLETETHEFOLLOWINGINFORMATION: � MasterCard � Visa EXPIRATION DATE: ACCOUNT WMBER: ❑o/o❑ ❑oo❑ ❑oo❑ ❑oo❑ ❑oo❑ Name of Cardholder of Card Holder(required for all charges) Date Rensed L�?6/?001 r � 11�f�'3 ��= ��u�c�s ` � , � �� `�-e Gs� °—� � � �� -'�, � �� cie�� . S,U�- ��1 �� . OFFICE OF LICENSE, INSPECT[ONS AND ENVIRONMENTAL PROTECTION Janeen E. Rosas, Director CITY OF SAINT PAUL Randy C Kelly , Mrryor �D,�vl �\ I, LOWRYPROFESSIONALBUILDING Telephone: 651-266-9090 350 St. Peter Street, Suite 300 Facsimile: 651-266-9124 SaantPavl,Minrsesota 55l02-I510 Web: www.[iep.us Affidavit Insurance Waiver For New Applicants �� ^`� hereby state that Individual/Partner/Corparate my business, located at i�� 6z�'"1�t .� !�Q- Business Address doing business as Business Name is licensed to sell Off Sale 3.2 Percent Malt Liquor with anticipated sales of less than $50,000.00 of 3.2 percent malt liquor for the upcoming year. Signature � /!� /� � Date� AA-ADA-EEO Employer RemsedWl192003p16 YAIN PAVL •� RECEIPT FOR APPLICATION CITY OF SAINT PAUL Offce of License, Inspections and Envimnmenial Pmtection 350 SL Peter 51. Surte 300 Satnt Paul, Minneso�a SSt02-1510 (65t ) 266 - 9090 Fax: (651) 266 - 5124 www.ci.stpaul.mrt.usiliep Date of Application: Mar 12, 2003 Received From: 200�0004257 CHANH K YANG SUPER CONVENIENT STORE 922 THOMAS AVE ST PAUL MN 55'104 In application for: Alarm Permit(New)(�) Grocery (C) (1 ) CigarettelTobacco(1 ) False Alarms ('1 ) False Alarms (1 ) c�dd - o� Malt Off Sale ( � ) Eff Date: Sep 22, 2001 - Exp Date: Sep 22, 2003 Lic Fee: $10.00 Amount Paid: �10.00 Eff Date: Sep 22, 2001 - Exp Date: Sep 22, 2003 Lic Fee: $200.00 Amount Paid: $200.00 Eff Date: Sep 22, 200'I - Exp Date: Sep 22, 2002 Lic Fee: $317.00 Amount Paid: $317.00 Eff Date: Jan 0�, 2002 - Exp Date: Dec 31, 2002 Lic Fee: Eff Date: Jan 01, 2003 - Exp Date: Dec 31, 2003 Lic Fee: $0.00 Amount Paid: $0.00 $0.00 Amount Paid: $0.00 Eff Date: May 12, 2003 - Exp Date: Sep 22, 2003 Lic Fee: $53.00 Amount Paid: �u53.00 Total Due on this application $580.00 Other Fees Owed $0.00 Account Total Amount Due $580.00 Amount Paid $580.00 Date Received Mar 72, 2003 Outstanding Account Balance Due S0.o0 This is not a License to op_ Malt Off-Sale License Application Submitted By Chanh Yang d/b/a Super — aa e � orz Convenient Store City's Exhe No. 2 9 Y � , a • RECEIPT FOR APPLICATION Date of Appiication: Mar 12, 2003 Received From: 20010004257 CHANH K YANG SUPER CONVENIENT STORE 922 THOMAS AVE ST PAUL MN 55104 Contacts: Project Pacilitator: ASUNCION, CORINNE Inspector(s�: KISHEL, PETER (PETE) Environmentai (651) 266-9133 OWENS, PHIL Rre SCHWEINLER,KRISTINA(KRIS) License (651)266-9110 BERGMANN, DAVE (65'I) 22&6238 HAWKINS, JEFFREY (651) 26Cr9083 Conditions: Requirements: 30 Days/300 Feet Except Downtown Notifcation Articles of incorporatlon Business Purchase qqreemenUBili of Sale Fire I nspector - 228-6230 If with Liquor On Sale, 45 Day Notificafion Lease Agreement, Purchase Agreement, or of Ownership NoGfication Letters to Liquor List (_..[,�� Notification letters to neighbors/organiz� ��/V�� ` Notity Distr�ct and City Councils ��5/ CC /,�� Pro�ect Fac. Note: Response date for objections expired � Property Purchase AgreemenVBill of Sale Record Check Site Plan Zoning Inspection (651-266-9008) NOTIFY: MAILED: CITY OF SAINT PAUL Office af License, Inspections and Envtmnmenial Protection 350 SL Pe[er SL Smte?00 Sam[ Paul, MinnPSOta 5510245i0 (651)266-9090 Fax:(65t)2E6-9126 www.ci.stpaul.mn. usiliep ,�c�L7cu�S 3C0 � CONTACT: C��GZYI� �� ,� ^� �-I�1.. 5QI'1't� �/ "! PHONE: H: W:��" � LIQUOR: CORINNE LAIJRA ��.�' �,�.� � 9�� «s� This is not a License to operate Page 2 of 2 � i ; i� � � � m � m � � o �� ■ W � � m o � � m � � � �� o � � � �� O z 0 m �� D � � � � � � � o � so n� � �� <F � a' � �.�,:: o�" � ��,o ° �� +� �� r . ^ �' ■ V �y � � A V�dQ� � ��• , � � ' m �, o�o - I�/ W(� � I � m 0 � � Z 0 �� ! FuaonnslvH� � � � i � i � ■ � � � � e� ■ m " � $= � � o� �� u � � ■ NOl" � $� � ■ � � � r � � i� � �--- IL � � �7 O � ;m I� � � 2 'Z w 0 0 � m m � O � � C� m r � ' N ' N 2 � D D m 0 C\ 1 \ � �I.� LICENSE APPLICAT'ION NOTIFICATION License Number: 20010004257 Pnrpose: Application for Malt Off Sale License (add on the current licenses) License At: 922 Thomas Ave. Applicant: Clianh K. Yang dba Super Convenient Store, Chanh K. Yang, Owner, (651) 645- 8538 Response Date: May 2, 2003 at 4:30 PM (FYiday) If you have any objections to the issuance of this (these) license(s), you must respond in writing by May 2, 2003 to: Marcia Moermond Legislarive Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, Mnuiesota 55102 If you have any questions, contact Corinne Asuncion, Project Facilitator at (651)-266-9106 or Christine A. Rozek, Deputy Director, (651)-266-9108. Notice Mailed: 03/27/2003 AA-ADA-EEO Employc Malt Off-Sate License Applicafion — Submitted By Chanh Yang d/b/a Super Convenient Store City's Exh. No. 4 OFFTCE OF LICENSE, INSPECTIONS AND ENVII20NMENTAL PROTECTiON Janeen R Rosas, Director SAINT PAUL � AAl1A CITY OF SAINT PAUL Randy G Kelly, M¢yor LOWRYPROFESSIONALBUII,DING Telephone: 651-266-9090 350 St Peter Street, Suite 300 Faccimile: 651-266-9724 Saint Paul, Minnesota 55102-I510 Web: www.ci.stpaul.mn.us/fiep Dear Resident and/or Neighborhood Organization: The Office of License, Inspections and Environmental Protection (LIEP) has received a business license application which requires neighborhood norification. You are being notified because this application involves a business in your azea. Details regazding this business are given on the reverse side of this letter. You will have 45 days for a liquor related license or 30 days for most other licenses, from the date this notice was mailed, to express any objections. Licenses in the downtown azea generally do not require a waiting period. The response deadline is given on the reverse side of this document. If you have any objecdons to the issuance of the license described on the reverse side, please send yoar objection(s) in writing to: Marcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections aze received, a hearing will be scheduled before a legislative hearing officer. If you have sent in an objection, ,you will receive notice of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this hearing the Legislarive Hearing Officer will make a recommendation to the City Council as to whether the license should be approved with condifions, or referred to an administrative law judge for fiuther review. The City Council will have the final authority to grant or deny this license. If you have any questions regarding the license application, please contact Corinne Asuncion, Project Facilitator at (651) 266-9106 or me at (651) 266-9108. Sincerely, : . �, R � Cluistine A. Rozek Deputy Director 266-9108 AA-ADA-EEO Empioyer CITY OF SAINT PAITI, Rmmdy C. Kelly, Mayor March 27, 2003 Chanh K. Yang, Owner Super Convenient Store 922 Thomas Ave. St. Paul, MN 55104 OFFICE OF LICENSE, INSPECTIONS AND E.NVIRONMEI�7TAL PROTECiTON � ,Inneen E. Ros¢r, Duector IAWRYPROFESSIONALB77ILDING Telephane: 651-266-9090 350 St Peter Stree; Suite 300 Facsimile: 651-266-9724 SaintPaul,Mmnesofa55102-I510 Web: www.d.stpauLmn.us/[iep RE: Application for Chanh K. Yang dba Super Convenient Store, ID#20010004257, at 922 Thomas Ave./ Malt Off Sale License (add on to current licenses) Dear Applicant, A review of the investigations wluch has been made in connection with your license application have been completed. Proper norificarion has been sent to the community organizarion and residents of the neighborhood in which you intend to operate giving them until May 2, 2003 to voice any objections to your license applica6on. If no objecrions aze received, your license will be issued approxitnately one week past the date given above. If objections are received, a hearing will be scheduled before a legislative hearing officer. You wilI receive norice of the rime, piace and date of the scheduled hearing from Mazcia Moermond, the Legislative Hearing Officer. At that hearing, the hearing officer will take testimony from ail interested persons and will make a recommendation to the City Council as to whether the license(s) should be approved or be refened to an administrative law judge for furtker review. The City Council will have the final authority to grant or deny this license application. If you have any questions, please contact Christine Rozek, (651) 266-9108. VErY �Y Y�� V`� � � , . � Christine A. Rozek Deputy Director CAR/jl ■ Malt Off-Sale License Appl_�ication AA-ADA-EEO Employc C 3tB hanhC �ng E bhalloPSr .^ �i_GG ri�i ui��rtl�� i rLHNNSNli LNLL a�1.�9B5�f1 � I Ctaunci� uesr�rcn �enter � District 7 Plannin� Councll Y.dZ � '� 2��3 689.NurthDulrSfrrrf SaintPuut,Mlmresota 33103-1646 �'Q�� -' Zi �� P� 2� 65!/?93-5068(ofJirr) 651/198-SO7s'(fru) dirtriil7aixlcgruunline.cum(e-inuiU i License Review �a�ua� y�a�asa� ��:�c� " Proli rt .:.��_.�...�.��..=:�.=.=.- 922 Tt�omas Ave p Super Convenient Store Application for Malt Off SAte License Meeting Date: Apr1122, 2003 Meeting Location: 739 Laf4o� Ave. Totai # in Attendance: 14 , (A liat aun be pravldad upon requOBt) � , # of raaido�ts end hueinoes/, prp�o;ty ow attendance lpcat�d jn Ijistr3c2 �� : 14 Applicant Pr�sent7f: No ' ' z� i� Tliere are already several etores that � alcuhoi in rhe immecliale neighborho. i.c.- Billy's Victorian Bar is onc bioc the East, Willard's Liquor:a is thrce b to ihe East, Super Anter'ica is 4 block thc South, and Mi»nciiahn Liquors is blocks to the North. 'There is a sober hou�e, operated by M1 Citics Inc., ncxf door at 914 Thomas. Cons ...._- --- --------- - Concerned about alcoliol being sald c block away from Wildcr Foundation dnycnrc cenicr. - The store is sunounded un all sides b residcntial housin6. Thcrc arc young children constantly pinying eround th store. •"It should be no surpeise tu anyvnc th Frogtuwn has its fair sharc of liquor cinrrc " ' Yriqt n the meetinu wll properttec within 350 ft. of the property In qucstion were informcd uf tGe tasue. * 17�e n pttennt cvax nntifiaa ot the community meeqnQ immedlutely after Ulstriet 7 reeetved e aopy of tLc appllcn[lon il '* Atl li ted ros��onsux wuro givert by Individunla Ilvtng, wark(ng or o�vninq property in tfic buundxries uf lllstriet 7 Ylani t"i R '£ Y �02l68 �}, y : � �.SY Ol iY , :u r ,v:. , .i : 1': � . �,_,,; � VV4u1. 'you�S�PPort the iasu��ce q�'t�iis ��c.ezise7,' , i. ,, �i � Q.,�Sr S,�#APoi`t/�13 Oppose�71 Aba�eritl'pn;. ; , '.:.' ;,-� �:° ` ��r Disti�ict 7 Planning `Cauncii recommends're ec�l�on' of'the prop`os�d'�ite'i� Respe��lfully submitted by: Tait A. Danielson �'� �^ � Lead Community Organizar /«'� v ��'� �''�"�isti�--- ! District 7 Planning Counci( � � to tu thc Ciry, Cn�mell. -�':. :,1 t. ' . .,` �-: :; � Malt Off-Sale License Appl�ication — Submitted By Chanh Yang d/b/a Saper — Convenient Store City's Exh. No. 6 MODEL CITIES COMMUNiTY DEVELOPMENT CORPORATION Mazcia Moermond Legislative Hearing Officer 310 City Hali 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: Issuance of Malt Off Sale License To: Mazcia Moermond. I am writing this letter to officially express our objection to the issuance of a Malt Off Sale License at 922 Thomas Avenue for Chanh K. Yang dba Super Convenient Store. Model Cities, Inc has recently acquired and rehabilitaterl property at 914 Thomas for our Families First Supportive Housing. Our supportive housing provides permanent supportive services and housing for homeless singie-head of household families who are in recovery from drugs and alcohol. Our objective is to create a safe, supportive and chemically free environment for these families, in order to better assist them in deveioping a healthy lifestyle. Model Ci6es believes the availability of alcohol at 922 Thomas Avenue will seriously hinder this objecrive and will create a barrier for many of these families who are in recovery. For many persons in recovery, abstinence and relapse prevenrion is a life-long process. The US Department of Health and Human Services reports "approximately one third achieve permanent abstinence from their first serious attempt at recovery. Another third have a period of brief relapse episodes but eventually achieve long-term abstinence. An additional one third have chronic relapses that result in eventual death from chemical addiction". Model Cities believes in order for the families we serve to achieve life-long absrinence we must not only provide supportive services and safe, chemically free housing, but we must also provide a safe, healthy community. Therefore, we formaliy object to issuance of Malt Off Sale License. Thank you for your consideration in this matter. If y.ou hav� any further questions please Contact me at 651-632-8344 or bcarroll(a�modelcities ora. Sincerely, � �2�� Brooke Carroll ivlodel Cifies ' Director of Housing Serviees Cc: Beverley Oliver Hawkins � Councif ��arch Center �,.. � , tt . f � 849 UNIVEPSITV AVE. SUITE f 04 � ST. PAIIL, Mfr 55104 � PH(651 ) 632-8350 � F% (651 ) 209-605E � Malt Off-Sale License Appl�ication — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 7 _ � �R May 1, 2003 MffiC731�007fIlOIld _ Legis3ative Heazing Officer 310 City Aall 15 West Kellogg Blvd St Paul VII�T 55102 I oppose gr�ting a matt off-sale license at the locazion of 922 Thomas Avenue. Councii Research Center y� -,� t'4'� � > 'i'his is a small convenience store with a fairly large amoimt of children's traffic. The store's windows are already cov- ered with cigazette ads. I fear the display of beer ads will onfy add fiuther in targeting youth as consumers of both these producis. The Couucil should consider the ea�ra policing (and r� doIIars) required to make sure minors do not purchase this alco- hoi... this on a comer that is already rife with U�affic and debris from the store. On a personal level, I am a recovering aicoholic located l�alf a block away. My front door and south windows look di- rectiy on this establishment. I do not care to see beer ads everytime I walk out ttie door or look out my window. In discussing dris with my AA gr�up, tfiay, tuo, agreed that u,isuat reminders of aicohol on an everyday basis - no matter how strong their program - is indeed hardty conducive to the "serenity" we seek. The Council shouid also consider the welfaze of the youth that live at and attend the chemicai dependency program of the Wilder Center located just 1.5 blocks away from the store. Many of them patronize this stors. The availability of beer and attendant advertising put these youth at risk at a most vutnerabie time in their tives. Finally, there aze more thau enough establist+ments within a 1-2 mile radius of the store that sell malt off-saie. Among them: Locadon ofDate � Thomas, c�as sration ana spesty roazket 7.ocaIIOn o£SupaAmerica Iocand at Univeniry and O�'rnd Locafloa of Tobias Co¢vemencelCmsoline Stote at Minnel�aha and M�lton (just 3 blocks away) Location af Miffiesoffi Liquor 3taie (iust 3 blocks away) at Minnehal�allvfi7Lm Mall Location of SvpaAmerica located at I,exington and Front Lacarioa of SuperAmerica lacated at Le�ngton and 2-94 L.acaaoa o£OIs�'s Liquor Stom, Univecsity n�t Dale T�IIS ILSI' ]S IlOt 2ll-IIIC�llS1V0. I ask thaz the City Council weigh the advantages this license would �ve to the store versus what it would do to the yowh in our neighborhood, recovering alcoholics such as mysel� and to the proliferarion of more "beer stores" here in Frog- town. I ask that my name and address be svithheld uniess necessary as I do not want any repercussions in stating my op'vuons here. Sincerely in Wright 614 Norrh Mi St. Paul MN 55104 Phone 65 L293-9086 � Malt Off-Sale License Application — Submitted By Chanh Yang d/b/a Super Convenient Store City's Exh. No. 8 �P�.;� ��,2c�3 Marcia Moermond, My name is Neliie Suess and I live at 920 Lafond Avenue. I am writing to you on behalfi of the letter I received in the mail concerning the Super Convenient Store, 922 Thomas Avenue License # 20010004257. I do have an objection with Chanh K. Yang obtaining ' a Malt Off Sale License. I have nothing against the owner or the store. However, I do have concerns for our neighborhood. Already, we have liiter along the streets from the patrons of the store, Mr. Yang does have a trash can outside of his store, but it is seldom used. Almost everyday I pick up candy wraooer, pop cans and so on. I do not want to deal with broken beer bottles and brown paper bags. The store is already a busy store, cars coming and going all the time. In a day there is about 20 u-turns pertormed in front of the store. In addition, I think with the saie of alcohol it will become even more busy and with careless drivers. Patrons wiil be loitering outside of the store, as I see at the Minnehaha liquor store and the University Ave Liquor store by Dale Avenue. We are continuousiy working on improving our neighborhood and I feel that this would set us back. Thank you, N Ilie and Tim�S.uess �� .� �� 920 Lafond Avenue St. Paul, MN 55�104 651-644-3950 Council Rasearch Genter aPR ; 4 z�o3 �%lo� - (b u�� = � Research Center APR Q � 2Q`�3 i _ �.._._ _ � �."_ � `/ .�Q C�� ` .�� ,�i�'�. �___-_ � �� a�� - ��, � .�� /' �� -� � ��;r�ai � `n � , �� , � c�,,,� : . � G��e, � �ti�� I��`�,�'�' �� I�' � � � � r�� .�.�,�.�7 , 0 I�l/ , ►�. �, �� , � � �� .'� � C ��,�, �� .. a.�=�. � a.�.Q�,-�� ' V �-�� u �9��rn�i�.�(�j� e�,jsrz.v�.�'tr-z� in, �'-c9� l�u�� 1 Yi � < `�� ;s �� ,�.w� i n �, �,�'I�m� �- ��p � - ��-�; �`� -s �`n � �� , � � : � r�� Urr�, . � ��v � �(U � � IVEF� i� L,IE��%v�� "� /#P �l'�2 � � R � 2afl3 �-, �} � J �1 � �� s/--��7-9�� il Harold J. Miller 512 Blair Avenue Saint Paul Minnesota 55103-1637 Friday, March 28, 2003 Marcia Moermond Legislative Hearing Officer 310 City Hall 15 Kellogg Blvd. Saint Paul, Minnesota 55IO2 Councii Research �enier AFR r� 1 2DQ3 � • `'> << - �. � -� _. _ _-_ ,__...�,..°. - ,�- .�. ��.' Dear Marcia, This is in response to an application for a malt off sale License at 922 Thomas Avenae here in the edges of Frogtown. For over 15 years we have fought drug traffic in this area and watch for any type of business action that makes a place where these people may collect or congregate. I've worked with the attorney from Speedymart at Thomas and Dale to not have them sell cigarette papers or single cigars used as"Blunts" by users. The introduction at this time of a Ma1t off sale place just after "Operation Sunrise" would, I believe, just start another place to hangout and establish "tur�', for the ne� round of dealers. I do not think the petition is wrong, it just is not the right time. Please do not make a new problem place for us until we get a better handle on ongoing drug dealing. Thank you for any consideration in this matter. Respectfully, t�� •2�.: �--- .� ,� ��L �� r � � �e��1�� ; �_.�._� ��P� � �G�� ,., CITY OF SAINT PAtiL OFFICE OF THE CITY COUNCIL NOTICE OF LEGISLATIVE HEARING Chanh K. Yang, Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Mr. Yang: Corinne Asuncion LIEP 300 Lowry Professional Buildin Objections have been raised to the issuance of your Malt Off Sale License at 922 Thomas Avenue. You are invited to attend and participate in a hearing before the Legislative Hearing O�cer regarding these objectiors. The Legislative Hearing will be held on: DATE: TIME: PLACE: Tuesday, May 2Q 2003 11:00 a.m. Saint Paul City Ha11/Rainsey County Courthouse Third Floor, Room #330, Committee Hearing Room 15 West Kellogg Bivd. Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At the end of this hearing, she will maice a recommendation as to whether the license should be approved, approved with condifions, or referred to an Administrative Law Judge. The City Council will have the fmal authoriry to grant or deny this license. c: Mazcia Moermond, Legislative Hearing Officer Councilmember Jerry Blakey District 7 Planning Council Greater Frogtown Comm. Dev. Corp. University ITNITED Compiainants Virginia Palmer, City Attorney's Office LIEP Staff Notice Mailed: 5/7/2003 n u Malt Off-Sale License Application — Submitted By Chanh Yang d/b/a Super ° Convenient Store City's Exh. No. 9 CITY HALL THIRD FLOOR 15 WE5T KELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55102-1615 ,�. AA-ADA-EEO Employer OFFICE OF LICENSE, INSPECTTONS AND EN[�IRONMENTAL PROTECTION Janeme E. Rosas, Dirutor CTI'Y OF SAINT PAUL Randy C Kr11y, Mayor LDWRY PROFESSIONAL BT.iII.DING 350 SY Peier Street, Suite 300 Saint Paul, Minnuoia 55102-ISTO LICENSE APPLICATION SUMMARY Date: Tuesday, May 20, 2003 at 11:00 AM License Information: 20010004257 Super Convenient Store located at 922 Thomas Avenue Chanh K Yang, Owner Application for Malt Off Sale License License Conditions: License Requirements: Current Licensee: None Environmental Health: N/A Fire: N/A License: Pending approval Zoning: N/A 20010004257 Chanh K Yang dba Super Convenient Store LIEP Recommendation: LIEP would like to recommend approval. ��,..� ��- ..�.� � �,,�.�� .. Telephnne: 651-166-9090 F¢aimile: 657-266-9724 Web: www.liep.us , � f C,{,[._, o�r�-4�.�n,_..�� s-�- e,�e�—'.�--F-�`" _ � ` 3 , �, s�.. � ��Q.d� �- .�.�Q � (� � t�.� I� b��Q ��---� - � � � Malt Off-Sale License Application nn - a�A - EEO Emp1�— Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 10 �� ,�}A�a ��,'�� 6 � ` • k�� : �� ;:: � � %1�� r.�_1 �`Il1'w �.I ti �_ �� oU �U usdP7 31V15 ` — 1 �� -ri 1 r" �� r M �� p�'�� i j � v i� �� 4^ !:GL - 3n• ❑❑ �-9.0� � OC�C"�1�❑ O �y3� :�� ..�� ; C ❑ .� ' ��,:- .. °� c .. ❑a r � a�C�❑ � �� ao❑ .._..� �� Lx1�sa3nn+nJ � U lJ U � L.J Li � .�, . L OC�O�;„��L�OC7��0 C= o o �a �� C=�=c=�=�=�=o C�� ' �"> C� C� C'<C'� C'yCY� ':s. �I� 0 9M �Ca� = �oC=�;C-�0 ,� 0�� ,�1C� � � ' � �C>C�C=C�C ^ 7 � � � �� Yl�l � 3J � O t��J � oQ �L�O.� �l'� 1.�� {�dNVN3N' NIW� � L • .J � � �� o, _ .�� o �-�j 0 � 9 «;'��_.-�,...` � � ��s- � i 3w. i �...�.�...1 � �J � (�] 3snoy y� ;�—' — _ :� 3�� _ ��a � � � r�yFv' ' '""^�..�_!�._ �� ss C C C C C � YL ' C - � �� y��•�� Council File # �3 _ �,'�� RESOLUTION CITY OF��SAINT PAUL, 11IJlNNESOTA Presented Referred To Green Sheet # 300050I �g Committee Date WHEREAS, the Legis]ative Hearing Officer recommends that license appiication (ID # 20010004257) for a Malt Off Sale License (add on to cuirent licenses) by Chanh K. Yang, Owner, doing business as Super Convenient Store, 922 Thomas Avenue, be approved with the foIlowing conditions: 1. License holder will maintain in good working order video surveillance cameras on the interior and exterior of the building to constantly monitor the premises. Tapes must be maintained for seven (7) days. Tapes must be available to police and LIEP inspectors upon request. 2. Signage shail be posted on the exterior of the building to notify patrons that loitering is not allowed. 3. Licensee agrees io pick up litter on a daily or as needed basis (usually this means at least once a day) on their property and within a one {1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July 1, 2003. THEREFORE, BE IT RESOLVED that the Counci] of the City of Saint Paui hereby approves this license application with the recommended conditions. � , Yeas Navs Absent Benanav Blakey Bostrom Coleman Harris Lantry Reiter Adopted by Council: Date Adoption Certified by Cour�cil Secretary By: , Approved by Mayor: Date , ' Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � Malt Off-Sale License Ap pl�ication -- Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 12 -=� �•; Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . � CQ - Council Contact Person & Phone: Marcia Moermond 266-8560 Must Be on Council Apen� Date Initiated: 01 �S a8' Z�-�Y-� Green �he�f NO: 3�a�501 � Assign tCamber For Roufing OMer oeoartmeM SenE To Person InitiatlDate 0 ouucit i ouncil De artmentDirector 2 i AKom 3 fa or's O�ce Ma or/Assistant 4 ouocil Totai # of Signature Pages _(Ciip All Locations for Signature) Approving applicaLion with condi6ons for a Malt Off Sale License by C7ianh K. Yang, Owner, dba Super Convenient Store, 922 Thomas Avenue. idations: Approve (A) or P Pianning Commission CIB Committee Civil Service Commission Personal Answerthe t. Has this person/firm everworked under a contract for this depa'tment? Yes No 2. Has this persoNfirtn ever been a city empioyee? Yes No 3. Does this perso�rm possess a skill not nortnalty possessed by any current city employee? Yes No Eupfain alf yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why)• AdvanWqes If Approved: �es"�arch Cenfer �ay' 21 2oa3 Disadvantages IfApproved: Disadvantapes if Not Approved: Transaction: Fundinq Souroe: Financial Information: (Explaini CostlRevenve Budgeted; Activity Number. i i 1 � �Y NIINUTES OF THE LEGISLATIVE HEARING SUPER CONVENIENT STORE - 922 Thomas Avenue Tuesday, May 20, 2003 Room 330 City Ha1UCourthouse Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:00 a.m. �� \�� STAFF PRESENT: Kristine Schweinler, License, Inspections, Environmental Proteciion (LIEP) Mazcia Moermond explained that this is an informal legisiafive hearing to consider a license application for a Malt Off Sale License by Chanh K. Yang, owner, doing business as Super Convenient Store. At the end of this hearing, Ms. Moermond will make a recommendation to be considered by the City Council, who is the actual decision maker for this license application. She can make one of the following recommendations: 1) grant the license application, 2) grant the license application with conditions, and these conditions have to accepted by the license applicant, 3) refer this to anAdministrative Law Judge. She cannot recommend denying the license; rather she would be recommending that the license application is referred to an Administrative Law Judge. Ms. Moermond stated she received six letters in objection to the issuance of the license. One of these letters is from the District 7 Planning Council which held a meeting with 14 peopie present. That letter weighs somewhat more heavily than the others. All of the six letters aze in objection for various reasons. About half of them are concerned about litter and trash and feel these problems would be exacerbated by the issuance of this license. There were concerns about ' increased congestion of traffic in the neighborhood, congregation of people drinking and causing a nuisance, and this license being in the middle of a residential azea. Some letters mentioned ho�v many children were in the area and there was a daycare within a block of this license. There is a drug and alcohol recovery piace two doors from this store. Kristine Schweinler reported LIEP has reviewed the license application. The applicant has met the requirements of Environmental Health, Fire, Licensing, and Zoning; therefore, it would be her responsibility to recommend approval. There are stores in like situations where they have piaced conditions on the license. Ms. Moermond stated the applicant is applying for an Malt Off Sale License, which is an expansion of the current offerings of the store. She asked the owner has he had a chance to look over the letters of objection, does he have any thoughts about the letters, and has he talked to the neighbors. Chanh K. Yang, owner, appeazed and stated he has seen the letters. He has called some of the writers, at�d he told some of them to call him back. None of them retumed his calls. He has close to 40 families who agree and have signed a document to this effect. A couple of the signers disagreed and_ did not want the City to issue him a Malt Off Sa1e License. About 36 feel they_ n�ed the license for that area, especially for Hmong people in the area. They need it for their � � Malt Off-Sale License Appl�ication — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 13 o� �2� . LEGISLATIVE HEARING MINUTES - SUPER CONVENIENT STORE Page 2 cuiture and weddings. They come to his store and ask him for it. That is why he would like to get the license. (Mr. Yang gave Ms. Moermond a document.) Ms. Moermond stated this document indicates it is a survey. If felIs pIainly that they aze applying for a license to self alcohol beverages in the store and for peopie to indicate whether they agree. (Note: The survey has an indication for signature, phone number, and date. There aze 39 signatures on the survey. 34 people indicate they a�ee with the decision to sell aIcohol, 3 people indicate they do not agree with the decision to sell alcohol, and 2 people do not indicate whether they agree or disagree,) Ms. Schweinler stated this license would be only for 3.2 beer. Mr. Yang stated he had a funeral and couid not make the meeting at the District 7 Planning Council. Tait Danielson, District 7 Planning Council, 689 Dale Street North, appeared and stated they had a meeting on April 22 with 14 people present. Thirteen people were opposed to the licensa application and one person abstained. Outside of trash and children issues, aze the nuxnber of establishments in the area that serve alcohol and beer. Mr. Danielson made a map which shows the different places a person could receive beer and alcohol. Some aze bazs and he has marked the ones that aze off sale liquor stores and convenience stores. The orange dots show the places that serve alcohol. The ones with a dot in the middle aze SuperAmerica Stores, a liquor store, or a speedy market. The lazge blue dot is Super Convenient Store. In regazd to the need for the place to serve beer, it is not appazent to District 7 Planning Council that there is a need. There seems to be plenty of opporiunities in the City to get 32 beer or another type of al�ohol. The owner mentioned the Hmong Funeral Home and its needs, but from District 7's standpoint, there is an overconsumption of alcohol at the Among Funeral Home at 625 Dale Street North. There are numerous liquor stores to the east of Dale Street outside of District 7. The District 7 Planning Council would like this matter sent to an Admuustzative Law Judge. He does not think they could agree with any conditions. Brooke Carroll, Model Cities, 839 University Avenue, appeazed and stated Model Ci6es is the owner of two properties: 914 Thomas Avenue, directly across the street from Super Convenient Store, and 515 Dale Street North, which is close to the funeral home. Both of those houses are permanent supportive hoeuing for homeless families who are in recovery from drugs and alcohol. Model Cities believes the issuance of this license wouTd not be a posifive community impact, particulazly for the people they are servicing who aze in recovery_ To be able to walk across the sh-eet to purchase alcohol and beer woutd not be positive. A lot of Yhe residents are going to use that store because of the lack of traiisportafion and the convenient location. Model Cities aiso supports the other letters that indicate litter, children issues, and the availability around the . C�� LEGISLATIVE HEARING MINUTES - SUPER CONVENIENT STORE Page 3 neighborhood of alcohol. There is another bar two biocks away. She would also recommend that this go to another hearing. Janet Foreman, Model Cities, 839 University Avenue, appeared and stated they have a varieiy of families. Some come straight out of recovery and some have had yeazs of recovery. Beer is a gateway drug. Her job is to help families develop a life of self-sufficiency. As her boss previously stated, there aze places where people in the community can have access. Ms. Foreman would like the biggest protection she can provide for the families she serves. The families will use that store for cigarettes and last minute things. This store will be a hindrance. Ms. Moermond stated there have been studies done formal and inforxnally that indicate there is not an increase in automobile traffic associated with the issuance of an off sale beer license. Ms. Schweinler responded thaT is correct. LIEP has done zoning and pazking issue studies as to whether or not people will come to that location for one particuiar item. Usually, it is to pick up last minute things like bread and milk. People usually do not go specifically for one item or another. Ms. Moermond stated this is a problem. She does not like to send things to an Administrative Law Judge because it is extremely time consuming for the system in general and for the licensed applicant who needs to be treated fairly. Ms. Schweinler stated she believes the City Council can deny an application if there is an overconcentration of establishments in that area already. Ms. Moermond responded she will take a recess to check with the City Attorney's Office in regazd to this issue. (A recess was taken from 11:26 to 1134 a.m.) Ms. Moermond asked about potential conditions for the license application. Ms. Schweinler stated conditions that have been placed on other convenience stores are as follows: 1) maintain a video surveillance cameras inside and outside of the store with the tapes maintained for seven days so police can verify what is happening if there is an event there, 2) the location is posted and monitored for loitering, 3) the store is equipped with age verifying equipment that will check the identification, 4) trash pickup in and around the neighborhood, 5) work with the block clubs and the community council to verify any complaints, 6) times of day that the malt can be sold. Ms. Moerxnond stated she checked with a few people in the City Attorney's Office, and their sense is that the City Council cannot deny the license for overconcentration of this type of license. One of the options still open is to recommend approval of the license with conditions. The conditions will not address the neighbors concerns completely but may ameliorate some of them. Ms. Moermond asked if he has a video surveillance camera currentiy. Mr. Yang �� SZ.�'s -" LEGISLATIVE HEARING MINIJTES - SUPER CONVENIENT STORE Page 4 responded he has a video camera outside and inside. As for checking identification, he will follow the City's law. Ms. Moermond asked about the history of adverse acfion for cigazette licenses. Ms. Schweinler responded she does not have that informafion. As faz as she lrnows, the owner has not failed a compliance check. Mr. Yang responded that somerimes people will lie to him and show improper identification. Ms. Schweinler stated there is age-identifying equipment. The identificarion is swiped, and then it will allow the store to sale an item that is age appropriate. That technology can be obtained through the grocer's association. Ms. Moermond asked is he familiaz with the grocer's association. Mr. Yang responded yes. Ms. Moermond asked is the store posted for loitering. Mr. Yang responded inside and outside the front door. It is not that messy. He does his best to clean up. It is not a big deal. Ms. Moermond asked if he does trash pickup within a certain pernneter. Mr. Yang responded he does trash pickup a block away from his azea. He does not mind. He does it everyday. Ms. Moermond stated another condition suggested is he should work with the block clubs and the community council. That could be expanded to include groups like Wilder and Model Cities, who are an integrai part of the neighborhood. Mr. Danielson may not have lrnown until today that the owner was not available for their meeting. Ms. Moermond asked does he maintain a videotape for ten days. Mr. Yang responded yes. Ms. Moermond stated one of the letters indicated the windows aze blocked with the presence of a lot of signs. There is a sense of the business not being safe. If there was more visibility into the store, there wouId be a greater sense of safety for people on the street and patrons of the business. A lot of district councils have conversations with convenience stores about this issue. In addition, this store is not the only store that is in a position to sell malt to patrons of the Hmong Funeral Home. Just looking at the map, there are two piaces that aze closer, and she is only looking at places west of Dale Street. There are additional places east of Dale. Ms. Moermond will recommend to the Ciry Council that the license be granted with conditions. She asked does the camera cover the azea invoiving the sale of liquor. Mr. Yang responded yes. Ms. Moermond asked the hours of business. Mr. Yang responded 8:00 a.m. to 8:00 p.m. and Sunday 830_a.m. to 6:00 p.m. Mr. Danielson asked is this her final decision. Ms. Moermond responded that she will be putting conditions on the license. This will show up at a resolution on the City Council Consent Agenda. . `-.� , , . , C�� S� LEGISLATIVE HEARING MINUTES - SUPER CONVENIENT STORE Page 5 If people would like it discussed furflier, they can call Councilmember Jerry Biakey's Office as he can recommend to the City Council something different than she has. Ms. Moermond asked if all sides of the building are posted "no loitering." Mr. Yang responded yes. Ms. Moermond stated the hours of liquor sales should not fall outside of the current hours of operation, which are 8:00 a.m. to 8:00 p.m. and 830 a.m. to 6:00 p.m. on Sunday. He should not keep the stores open later than this. Ms. Moermond asked is he acceptable to all these conditions. Mr. Yang responded yes. Ms Moermond recommends approval of the license application with the condirions listed below. These conditions were later signed by the applicant. 1. License holder will maintain in good working order video surveillance cameras on the interior and exterior of the building to constantly monitor the premises. Tapes must be maintained for seven (7) days. Tapes must be available to police and LIEP inspectors upon request. 2. Signage shall be posted on the exterior of the building to notify patrons that loitering is not allowed. 3. Licensee agrees to pick up litter on a daily or as needed basis (usually this means at least once a day) on their properiy and within a one (1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July i, 2003. The hearing was adjourned at 11:54 a.m. � • ^2; i. �V.. �1� 11051 AM ST PAU� p D FORCE UNIT \ Search: Address equ 5 922 THOMAS AV, �ector: t Grid: 8�) a _ � _� D303, 13E 0302 qE 03�7 84 0307 980 0301�813 . o217E �NVESTIGATE-ANDALLOTHER ADV INVESTIGATE•AND ALL OTHER CAN INVESTIOqTE-ANDAl.�07HER GDA INVESTIGATE-aNDAILOTHER DUP INVESTIGqTE-ANDqLLOTHER AOV INVES71pqTE-AND ALL OTHER GOA INVESTIGATE-ANDqLLOTHER OOA INVESTtGATE-ANDALLOTHER GOq INVESTIGATE•ANQALLOTHER GOA INVESTIpqTE-AND ALL OTHER CAN ALqRMS RCV DISTURBqNCE�DI50RDERLY nDV -- BOYS,6IRLS,PERSONS .-_-_ INVESTIGqTE•AND ALL OTHER SNR tNVESTiGATE•AN� ALL OTHEF ADV DISTURBANCE•DISORDERLY ADv --- BOYS,OIRLS,PERSONS --- _. 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No. 14 � Prfnted at:06/Q3/2003 17:56:48 �JVN 11:52 RM ST PAUL P D FORGE UNIT 2923591 I r I SPPb SI7S Addre�slintersection Report Addre�s Search: Atldress equals 922 THOMAS AV, (Sector; 1 Gdd; 8'� 08175l2p02 7523 INVESTiGATE-AND ALL OTHER CAN �8/09/20p2 7g:dg DISTUR&4NCE-DISORDERLY GOA — - "'— — - 90 YS,GIRLS,PERSONS - _ _ _ _ _ �Q�2002 20=39 1 NVESTIGATE-AN� q�� O i HER GOA � �n30/2002 7223 INVESTIGATE-AND ALL OTHER aOV 07/3020020837 WEApONS•WEApONS ADV 07Y28/2002tq:�0 INVESTIGATE-aNDALIOTHER ADV 072q/2pp2 70:ta INVESTI6qTE-AND AtL OTNER CAN 07122/200216:46 INVE CAN 07/19/200220:18 INVESTIGATEANOALLQTHER SNR 0��76/200220;31 INVESTIOATE-ANDAILOTNER DUP 07/18120022029 INVESTIGATE-ANDALLOTHER 3NR 07/12/2002 77:09 INVESTIGATE-AND ALL OTHER CAN 07104/2002 18;00 VANDAUSM-AGG CRIM�NAL RCV -- -- - - -- -- - DAMAOE,FELONY OVER $300 �- 07/03/2002t6.12 INVESTIGATEANDALLOTHER CAN 07l02/Z0021227 INVESTIGATE-ANDAILOTHER SNR OBI2912UO213:18 INVESTIOATE-ANDALLDTHER CAN 08/25/200218:11 INVE CAN 06/03/200218:04 INVESTIOATE-ANDALLOTHER UNF OB/0?1200208:d2 INVESTIGATE-ANDALLOTHER GOA D8lO1R00211.48 1 NVESTIGATE-AN�AILOTHER SNR OS/J7/200219:11 INVEST�OATEANDALL07HER CAN 0.5�30/20�217.43 INVES CAN OS/29/200219.40 �NVE GOA OS/182002 10:42 THEFT•ALL OTHER,UNDER $50 RCV 05/7 0/2002 17 12 THEFT-BICYCLE,S50 TO $200 RCV 04/26/2062 75:26 INVEST(OATE-ANDALL OTHER SNR 04/2SP2002 08:44 7HEFT EXCEPT AU70 THEFT ADV 04/2M200215:06 THEFTEXCEPTqUTO7HEFT AOV O4/23200277;49 pISTURBANCE-DISORDERLY ADY -- ' — '- -- �BOYS,GIRIS,PERSONS _ 04t2iQ0p218:52 ALARMS RCV �?/1 712 002 1 5:32 THEfT•ALL OTHER,UNDER SSO RCV 0?J092�0209:04 THEFTEXCEPTqUTOTHEFT GOA ��4/2�02�8:48 INVESTIGqTE-ANOALLOTHER GOA D7/DSROD213.09 DOMES7�C9 AOV 01/Ot/200277:06 FRAUO-COUNTERFEI7 RCV '""-' -- -- - OURRENCY,ALTERED _ _._._. CURRENCV 1?117l4001 Q8:17 �OMESTICS ADV 1 ?IOM2001 18:43 INVESTIOATE-qND ALL OTHER CAN 77l23RD01 t7�$8 INVESTIOATEANOAILOTHER CAN 17@3/200115:51 INVESTIGATE-ANOnLLOTHER CAN 71120/Z001 14:54 I N V ESTIGA7 2 P_0� -' '1 _ ___^_ __ .,. _. E-ANDALLO7HER A�V Informatioh raquested by: (382400) � 2 Printed ai:06/03/2003 11:SE:48 �JUN; 0a-g� 11]53 AM ST PRUL P D FORCE UNIT 292b591 . I SPPD SITS , Address/tntersection Report Adtlre� Searoh: Address equals 922 THOMAS AV, (Sector. 1 Grld: 87) 01247300 ��/7g/ppp>>3:15 �ryyESTiGA CAN 07 z �71�4/200115:t8 INVESTIGATE•ANDALLOTHER CAN �� 0923�26�� 5:23 INYESTIGATE-ANO ALL OTHER CAN 612bt331 Ogr7g/Zppt 19:02 I NVESTlGATE-ANDALLOTHER CAN Q��9��42 09115l2p0108:40 VANDALISM-CRIMlNAL "' -� " " `— --'� — -- •DAMAGE TO PROPER7Y RCV 0718�157 09/Oti2001 17:57 AUTO THEPT -- �— — A�V OttB 014 O8/28@001 22:02 DOMESTlCS AOV - �718 734 08/2g/ZOQ118:7Q INVES OOA Oft 004 08n4i2001 19.22 INVESTIGATE•ANDALLOTNER ADV OU8 873 08/08/2007 19:23 iNVESTiOATE-ANDALIOTHER GOA 0118 893 OBl02I2001 21;58 INVESTIOATE-AMD ALL OTHER GOA 0775�539 0726/200177:49 INVESTIGATE.qN�ALLOTHER UNF Dttb 265 D7/19l200114'S0 ALARMS ADV 0174�355 07/1M200118:30 FqMILY/CHILDREN- CqN ' ^- � - MEN -- 0112�434 082B/20a121;02 �NVESTIGATE-ANDALLOTHEA GOA 01 >��8 06/18/200117:09 INVESTIGATEJUVENILE GOA 01�7,I652 0611?J200119;52 ALARMS �Np 01 tD1i525 0524/ZQ0100:50 INVESTIGATE-AND ALL OTHER OtJP 014 04i20/2001 08:48 TRAFFIC VIOLATI6N-0THER TRF - ( --� � °---- - �— PARKING VIOLqTIONS - ----� _ . 0706�I2�74 OMOt/2007 19:08 INVESTIGqTE�AND ALL OTHER SNR 0101��550 Otl2g/2pQ1 17:53 INVESTIGATE-ANO ALL QTHER CAN 61014338 01/21/200] 16:32 DISTl GOA 00246�835 7 y03i2000 13:35 INVESTIGATE-AND ALL OTHER GOA 0024�22 1y03l20oD12:47 INVESTIGATE•ANDALLOTHER SNR 002z� 11/�812000 77:05 INVESTIGATE-AND ALL OTHER CAN Oo225 q 7�ipy200p�g;�g �ryVES CAN fl42Z2P» 10/30i200018�49 1 NVESTIOqTE-AMD ALL OTHER CAN 00217 g6 1Di23/200Q08:49 INVESTIGATE-ANDAL�OTHER RCV 00208 7� 7 W11/20002233 AIARMS RCV �0790 B9 09/79l2000 19.43 INVESTIGATE-ANO ALL OTHER SNR 00788 0 OB/17/200015:00 INVESTIGATE-AND ALL 07HER CAN 00783 22 09/10/200017:52 tN A�{, OTHER UNF 0017332 Oflr1B/2000t7:35 1 NVESTIOATE-ANDALIOTHER ADV �� 08J24/200017:08 ASS ADV ��ai 08/231200073:39 INVES ADV W168�78 08/2y200014;SB INVESTIOATE•ANO ALL OTHER ADV �� 08/18/20000622 INVESTIOATE-ANDA��07HER GOq OOi59939 OB/12/200011:tq DOMESTICS � DUP _0073127 07/OB/20�009.41 ASS ADV --- -• --- ---- — -- ALL ��> > 07/07J2000 78:38 INVE9TIGATE-ANOALL OTHER GOA Informalio�n requested by: (382400) 3 P.04 Printed af:08/03/2003 11:56:49 � J�� ll:Sa RM ST PRUL P D FORCE UNIT 292a592 i SPPD SITS , Address/intersection RepoR AddreS�s Search: Address equais 922 THOMAS AV, (Sector. 1 Grid: 87) �� OB/28200022:55 DOMESTICS �� OA 08J26i20p0 18•53 PREVIOUS CN PCN _. �� 08l2B/200008:29 BURGLARYFORCEDENTRY, RCV �' � ` ' — -- — --- -NIGHT, COMMERCWL - �� O6l18/2000l9:41 INVESTIGATE-ANDALLOTHER CAN �i�' ��12000�4:�Z A qpy I - - -- — —� �-- -ALL OOOlf623 OS/01/200Q0)21 ALARMS �-- — — RCV �� 04�'012pp0 t8:11 INVESTfGATE-AND ALL OTHER GOA 0005l88 p3/3t�Zpppi�;pH D�STURBANCE-SUSPICIOUS SNR ^ �� -� �— - --�—PERSON, CAR, ACTIViTY 00041�937 03/20/20W 1135 VANDALISM-CRIMINAI RCV OAMAGETO PROPERTV 0�2 03 02/77/2000 l6;3g PREVf0t15 CN PCN �� 2� 02�OB/200020:37 IryVESTIOATE-ANDALL07HER GOA 0001 B92 01l30/20�022:51 ALARMS RCV �000�418 01/08/200019:00 ROBBERV-CONVEN�ENCE RCV ' �-� ' -'- - ' "—"-- — — STORE,KNIFE,CUTTING - . ._T. ___ i INSTRtJMENT i � Inionnatioh requested by: (382400) � 4 P _ 65 Printed at:06/03/2003 11:56:49 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen E. Rosas, Director WebSiteAdtlres: wmv.d.s[paul.mm.uslliep CITY OF SAINT PAUL Randy C. Kelly, Mayor LOWRY PROFESSlONAL BUILDING TelepMne: (6511266-909D Sude 300 Factimile: lfi5l) 26G9o99 350 SL PeterStreet (651) 2669f24 Salnt Paul, Minnesota 55102-05f0 I agree to the following conditions being placed'on the following license(s): license #: 20010004257 Type of Business: Alarm Permit (New) CigarettelTobacco Grocery (C) Malt Off Sale Retail Fd (C) - Grocery 1001-3000 sq ft Applied for by: CHANH K YANG Doing Business As: SUPER CONVENIENT STORE at: 922 TIiOMAS AVE ST PAUL MN 55104 Conditions are as follows: 1. License holder will maintain in good working order video surveillance cameras on the interior and exterior of the bui�ding to constantiy monitor the premises. Tapes must be maintained for 7 days. Tapes must be available to police and IIEP inspectors upon request. 2. Signage sfiall be posted on the exterior of the building to notify patrons that loitering is not allowed. 3. Licensee agrees to pick up litter on a daily or as needed basis (usually this means at least once a day) on their property and within a one (1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July 1, 2003. Licensee bate � � Malt Off-Sale I,icense Ap plication — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 15 ,i 7� CITY OF � � 9 1 7, � .. .a ei!H��9ilII a ro � t19� I @ II �, h � ] 85 � ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 4, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kello�g Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 - 27) NOTE: ALL IT6MS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BYA COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS Claims of Allstate Indemnity Company (for insured Cecilia/Cyril Chinyere Anuford), Russell Hamilton (Truck Center), Hui Son Licklider, Robert Tracy, Vanderhyde & Associates, Ltd. (for client Carol Koester), and Monica Yarbrough. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Muhannah Kakish vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 3. Notice of Hearing on Petition and Norice of Motion and Motion for an Order Transferring Title and Possession of Property, Petition and Morion for an Order Authorizing Transfer of Titie and Possession in the matter of the City of Saint Paul vs. Meritex Enterprises, Inc., et al. (Property address: Corner of Olive and Grove Streets). Referred to the CiTy Attorney's Office � Malt Off=Sale License Application — Submitted By Chauh Yang d/b/a Snper — Canvenient Store Cit3�'s Exh. No. 16 June 4, 2003, City Council Action Minutes Page 2 4. Communication from the Minnesota Pollution Control Agency dated May 19, 2003, notifying the City of Saint Paul of the change in control of the Saint Paul Transfer Station Faciliry, SW-593. All local jurisdictions have the right to request a public meering within 30 days of the date of this Ietter. 5. Communicatiot� from the Metropolitan Council dated May 23, 2003, notifying interested parties thaY they are accepting applications to fill 17 positions on the Livable Communities Advisory Committee, and the deadline for receiving the applications is 5:00 p.m. on Friday, June 6, 2003. 6. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing on June 25, 2003, to consider the applicarion of Stacy Einck, Andersen Corporation, for a sound level variance on Hamet Island (concert area) on July 19, 2003, for an outdoor concert and firewarks between the hours of 7:00 p.m. to 10:30 p.m. 7. Letter from the Citizens Service Office/Division of Property Code Enforcement declaring 495 Curtice Street East as nuisance property, (For notification purposes only; public hearing will be scheduled at a later date if necessary.) FOR ACTION 8. Resolurion - 03-485 - Approving pension plan documents as an amendment to the 2003-2004 Collective Bargaining Agreement between the City of Saint Paul and Tri-Council 120, Loca149 and Local 132. (Laid over from May 28 for adoption) Adopted Yeas - 7 Nays - 0 9. Resolution - 03-519 - Approving the appointments, by Mayar Kelly, of Matthew Bowe and Thomas Moran and the reappoinhnents of Tom Azzone, David Baker, Bi11 Buth, Robert Cardinal, Pat Igo, Stuart Simek, Mike Skillrud and Billie Young to the Business Review Council. Adopted Yeas - 7 Nays - 0 10. Resolution - 03-520 - Approving the appointments, by Mayor Kelly, of Alberta Jackson and Renee Skoglund and the reappoinhnents of Harold Hebl, Peter Keely, Donna Lee, Judith Probst, Mary Ellen Radmann and Jamie Warndahl to the Mayor's Advisory Committee on Aging. Adopted Yeas - 7 Nays - 0 June 4, 2003, City Council Action Minntes Page 3 11. Resolution - 03-521 - Approving the appoinhnents, by Mayor Kelly, of Georgia Lickness, Karen Reid, and Patrick Toth to the Saint Paul Neighborhood Network Board. Adopted Yeas - 7 Nays - 0 12. Resolution - 03-522 - Ratifying the appointment of Douglas Holton as Fire Chief of the Saint Paul Fire Deparhnent effective September 1, 2003. Adopted Yeas - 7 Nays - 0 13. Resolurion - 03-523 - Authorizing payment of $37,500.00 to Arkay Construction Company in fuli settlement of their claim against the City of Saint Paul (City Project No. 9921.00 - Addition and Remodeling of the Martin Luther King Center). Adopted Yeas - 7 Nays - 0 14. Resolution - 03-524 - Authorizing reimbursement to various vendors for costs incurred in conducting employee relations and recognition programs in 2003. Adopted Yeas - 7 Nays - 0 15. Resolution - 03-525 - Transferring funds from Council Contingency to various activities in the Engineering Fund in the Department of Public Works to implement a Computerized Maintenance Management System. Adopted Yeas - 7 Nays - 0 16. Resolution - 03-526 - Directing the proper City officials to pay the owners $3,000 for a drainage and utility easement on, under and across the west 20 feet of Lot 30, Block 4, Hazel Park and accepting the dedication of said easement. Adopted Yeas - 7 Nays - 0 17. Resolution - 03-527 - Amending Council File No. 02-1093 adopted on November 20, 2002, correcting the legal description of Capitol Heights Street for vacation. Adopted Yeas - 7 Nays - 0 18. Resolution - 03-528 - Approving the application, with conditions, for a Malt Off Sale License by Chanh Yang, dba Super Convenient Store, 922 Thomas Avenue. (Legislative Hearing Officer recommends approval, with conditions.) The City Council referred this matter to an Administrative Law Judge. Yeas - 7 Nays - 0 June 4, 2003, City Council Action Minutes Page 4 Councilmember Blakey requested information from staff whether or not there is a licensed day care center in the area. 19. Resolution - 03-529 - Approving the application, with conditions, for Second Hand Dealer-Motor Vehicle License by Hossein Agbaminai, University Auto Sales & Service, LLC, dba University Auto Sales, 745 Robert Street, South. (Legislative Hearing Officer recommends approval, with conditions.) Adopted Yeas - 7 Nays - 0 20. Resolution - 03-530 - Authorizing an amendment to the Joint Powers Agreement that established the Metropolitan Library Services Agency between the seven metro area counties. Adopted Yeas - 7 Nays - 0 21. Resolution - 03-531 - Approving the License Agreement between the Minnesota State Fair and the City of Saint Paul, Division of Parks and Recreation, for the purpose of using their grass parkway area as auxiliary soccer fields. Adopted Yeas - 7 Nays - 0 22. Resolution - 03-532 - Approving the use of STAR funds to create a basketball court at Dunning Field. Adopted Yeas - 7 Nays - 0 23. Resolution - 03-533 - Approving the use of STAR funds to do playground improvements at JJ Hill Montessori Magnet School. Adopted Yeas - 7 Nays - 0 24. Resolution - 03-534 - Amending Council File No. 02-1115 to the extent necessary to enable the Quick Brothers to undertake a development at 1922 Wilson Avenue and to move forward with their various zoning and building applications. Withdrawn Yeas - 7 Nays - 0 25. Resolution - 03-535 - Closing and abandoning the Como Place rail crossing due to the new stringent Federal whistle blowing regulations and authorizing the associated roadway improvements for Como Place and Como Avenue. Adopted Yeas - 7 Nays - 0 26. Resolution - 03-536 - Affirming the vote of the City CounciPs representative on the United States Postal Service Feasability Study of the Arden Hills Twin Cities Army Ammunition Plant (TCAAP) site for the future Postal Sorting Center. June 4, 2003, City Council Action Minutes Page 5 Adopted Yeas - 7 Nays - 0 27. Preliminary Order - 03-537 - In the matter of sidewalk reconstruction and/or new construction at West Side Aldine Street from Marshall Avenue to Iglehart Avenue (S03001) and West Side Harvard Street from East Baker Street to Prescott Street, and setting date of public hearing for June 25, 2003. Adopted Yeas - 7 Nays - 0 FOR DISCUSSION No items ORDINANCES NOTE: AN ORDINANCE IS A CITYLAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 28. Final Adoption - 03-440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to impose administrative penalties for dogs which repeatedly run at large, to provide a method for destruction of dogs declared to be a nuisance, and to provide incentives for having dogs nentered ar spayed. (Subsritate introduced on May 28) Adopted Yeas -'7 Nays - 0 Councilmember Lantry requested a report at their City Council Meeting on September 3, 2003, from the Office of License, Inspections and Environmental Protection, as to the effectiveness of this ordinance and if there are any issues that should be brought forward. 29. Final Adoption - 03-441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code allowing skateboarding in Saint Paul unless indicated otherwise. Laid over to June 11 for final adoption Yeas - 7 Nays - 0 30. Final Adoption - 03-469 - An ordinance amending Title II of the Saint Paul Administrative Code by adding a new chapter thereto pertaining to the adoption of "council ward boundaries." Adopted Yeas - 7 Nays - 0 June 4, 2003, City Council Action Minutes Page 6 31. Second Reading - 03-503 - An ordinance approving rezoning of the east side of Payne Avenue, north of Hopkins Street and south to Kenny Road to allow construction of three 8-unit rowhouses. (Public hearing held May 7, 2003) Laid over to June 11 for third reading 32. Second Reading - 03-518 - An ordinance amending Council File 02-1116, adopted December 26, 2002, which established an interim ordinance of limited duration regularing land use and official controls in the area of the City commonly known as the Sunray Area. Withdrawn Yeas - 7 Nays - 0 PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 33. Third Reading - 03-484 - An ordinance amending the Saint Paul Legislative Code, Appendix F, District Heating Franchise - District Heating Development Company, and Appendix K, District Energy Services Franchise, to grant the franchise holder legal authority to use the public right-of-way to install a fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey. (Substitute introduced on May 21) Laid over to June 11 for final adoption 34. Final Adoption - 03-367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code pertaining to sports facilities sponsorship signs. (Substitute introduced and laid over from May 21 for final adoption and public hearing on the new subsritute) Adopted Yeas - 4 Nays - 3(Benanav, Coleman, Lantry) 35. Resolution - 03-538 - Approving the application by Minnesota Music Cafe, 499 Payne Avenue, for a sound level variance on June 7, 2003, between the hours of 6:00 p.m. and 12:00 midnight subject to conditions. Adopted Yeas - 7 Nays - 0 36. Resolution - 03-539 - Approving the issuance of revenue notes by the City of Grand Rapids, Minnesota, in order to finance the acquisition and improvement of group home facilities owned by Lutheran Social Services, 1524 Stillwater Avenue. Adopted Yeas - 7 Nays - 0 37. Resolution - 03-540 - Authorizing the proper City officials to grant to the State of Minnesota a license to occupy and use a 12 inch wide strip within Johnson June 4, 2003, City Council Acrion Minutes Page 7 Parkway between the I-94 right-of-way and Phalen Boulevard for fiber optic service to its new facility for the Bureau of Criminal Apprehension. Adopted Yeas - 7 Nays - 0 38. Resolution - 03-541 - Authorizing the proper City officials to grant a license and temporary and permanent easements to use a 20-foot wide lane on City park property to facilitate construction of a housing development on the abutting Lowertown Bluffs properiy and provide permanent fire access after completion of the project. Adopted as amended Yeas - 7 Nays - 0 39. Resolution - 03-542 - Authorizing the proper City officials to grant a permanent urility easement to Xcel Energy-Gas to install an underground rectifier and anode bed system in Lilydale Park. Adopted Yeas - 7 Nays - 0 40. Appeals of Jonathan Bramer to a Summary Abatement Order and Vehicle Abatement Order at 1483 Rice Street. (Laid over from May 28) (Legislative Hearing Officer recommends that the compliance date on the Aprit 22, 2003, Vehicle Abatement Order will be changed to May 28, 2003, at 10:00 am. The compliance date for the April 22, 2003, Summary Abatement Order will be changed to June 3, 2003.) Appeal withdrawn Yeas - 7 Nays - 0 41. Resolution Ratifying Assessment - 03-543 - In the matter of the assessment of benefits, cost and expenses for the towing of abandoned vehicles from private property located at 1070 Margaret Street (J0301 W) and 1688 York Avenue (J0301 WV) during the month of October, 2002; providing weekly garbage hauling service for the fourth quarter of 2002 for the property located 775 Maryland Avenue East (J2TRASH4QA); providing weekly garbage hauling service for the fourth quarter of 2002 for property located at 104 Larpenteur Avenue West (J2TRASH4A5); and summary abatements (property clean-up) during the month of February, 2003 for properiy ]ocated at 1004 Bush Avenue (J0302AA). (Laid over from May 28) (Legislative Hearing Officer recommends the following: 1688 York Avenue - laying over to the June 10, 2003, Legislative Hearing and the June 25, 2003, City Council Meeting 1004 Bush Avenue - laying over to the June 23, 2003, Legislative Hearing and the July 2, 2003, City Council Meeting 104 Larnenteur Avenue West - spreading the assessment over a five-year June 4, 2003, City Council Action Minutes � period 1070 Margaret Street - approval of the assessment 775 Maryland Avenue East - approval of the assessment) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 42. Public hearing in the matter of the assessment of benefits, cost and expenses for summary abatement (property clean-up) for part of January 2003 to part of March, 2003 for property located at 1523 Iglehart Avenue (J0302A). (Legislative Hearing Officer recommends approval of the assessment) (Laid over from May 28) (Resolution Ratifying Assessment will be introduced under suspension). Public hearing held and Resolution Ratifying Assessment introduced and adopted under Suspension Yeas - 7 Nays - 0 (See Suspension Item 03-557) 43. Public hearing in the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction far both sides of West Winifred Street from Ohio Street to Charlton Street (S02107) and the north side of East Third Street from Maria Avenue to Bates Avenue (502129). (Laid over from May 28) (Resolution Ratifying Assessment will be introduced under suspension). Public hearing held and Resolution Ratifying Assessment introduced and adopted under Suspension Yeas - 7 Nays - 0 (See Suspension Item 03-558) 44. Public hearing to consider the petition of Robert McCollough to vacate the City's interest in portions of Bancroft Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown Avenue, and Congress Street to help develop a small business area owned by the peritioner. (Resolurion will be introduced under suspension.) Public hearing held and Resolution introduced and adopted Yeas - 6 Nays - 0(Benanav not present for vote) (See Suspension Item 03-559) 45. Public hearing to consider the petition of Jake Cadwallader to vacate the City's interest in portions of Burg Street and East Street for the purpose of developing the abutting property with new homes. (Resolution will be introduced under suspension.) Public hearing held and Resolution introduced and adopted Yeas - 7 Nays - 0 (See Suspension Item 03-560) June 4, 2003, City Council Action Minutes Page 9 46. Final Order In Condemnation Proceedings - 03-544 - In the matter of acquiring a pennanent easement for right of way purposes and a temporary construction easement to improve Fillmore Avenue from Wabasha Street to Livingston Avenue. (File No. AE2002-10) Laid over to June 18 Yeas - 7 Nays - 0 47. Final Order - 03-545 - In the matter of the conshuction of a water main and service connections in Stinchfield Street from Point Douglas Road to Burg Avenue. (File No. 18982A) Adopted Yeas - 7 Nays - 0 48. Final Order 03-546 - In the matter of construction of a sanitary sewer/service connections and a water main/service connections in Winthrop Street from Springside Drive to Hadiey Street and in Hadley Street from Winthrop Street to approximately 200 feet east of Winthrop Street. (File No. 18985 and 18985V� Substitute introduced and adopted Yeas - 5 Nays - 2(Coleman, Harris) 49. Final Order - 03-547 - In the matter of the construction of a twin lantern street lighting system on the northwest side of East 7th Street from approximately 104 feet northeast of Beech Street to Minnehaha Avenue and the southeast of East 7th Street from Beech Street to Mendota Street/Minnehaha Avenue and on East 7th Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue. (File Nos. 18987 and 18988) Adopted Yeas - 7 Nays - 0 50. Final Order - 03-548 - In the matter of improving Fillmore Avenue from Wabasha Street to Livingston Avenue by constructing a new bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system and a signalized at-grade railroad crossing. (File No. 18983) Laid over to June 18 Yeas - 7 Nays - 0 51. Final Order - 03-549 - In the matter of the construction of sidewalk repair and/or the repair of sanitary sewer, storm sewer and/or water service connections in conjunction with the Fillmore Street Paving and Lighting project. (File No. 18983C) Laid over to June 18 Yeas - 7 Nays - 0 52. Final Order - 03-550 - In the matter of improving Como Place from Como Avenue to Jessamine Avenue and from Como Place to Como Avenue by June 4, 2003, City Council Agenda Page 10 construcring a new bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks boulevard sodding, tree planting, construction of a lantern style lighting system. (File No. 18990) Adopted Yeas - 7 Nays - 0 53. Final Order - 03-551 - In the matter of the construction of sidewalk repair and/or the repair of sanitary sewer, storm sewer and/or water service connections in conjunction with the Como Place/Jessamine Street Paving and Lighting project. (File No. 18990C) Adopted Yeas - 7 Nays - 0 54. Public hearing to consider the application of Hunt Associates for a combined plat to create four parcels for the Emerald Gardens Housing Development (a mixed housing development with aparhnents and townhomes) at the area bounded by Ellis Avenue, Emerald Street, Berry Street and Franklin Avenue. Motion of Intent - Application granted Yeas - 7 Nays - 0 55. Public hearing to consider the appeal of Snelling-Hamline Community Council to consider a decision by the Planning Commission denying their previous appeal of the Office of License, Inspections and Environmental Protection's issuance of a billboard repair permit to Clear Channel Outdoor for the replacement of sign face panels on an illuminated freeway billboard at 1459 Roblyn Avenue (rooftop billboard at the southeast corner of I-94 and Pascal Avenue). Laid over to June 11 Yeas - 7 Nays - 0 56. Public hearing to consider the application of Mendota Homes, Inc. to rezone property from B-2 to RM-2 to be consistent with the 11-unit resident structure being built at 1071 South Cleveland Avenue. Laid over to June 11 Yeas - 6 Nays - 0(Benanav not present for vote) Suspension Items Resolution - 03-552 - Thanking the Saint Paul Fire Chief Examining Committee for their hard work in the important process of selecting Saint Paul's next Fire Chief. Adopted Yeas - 7 Nays - 0 Resolution - 03-553 - Extending the City Council's deepest gratitude to Jim Peterson, President of the Science Museum, for his vision, his leadership and his June 4, 2003, City Council Agenda Page 11 hazd work on behalf of our extended community and wishing him all the best in the days and challenges ahead as President of Gustavus Adolphus College. Adopted Yeas - 7 Nays - 0 First Reading - 03-554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to pernut the sale of alcohol unti12:00 a.m. by those establishments which have obtained a pernut from the State of Minnesota. Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0 The City Council requested that the following information to be provided at their June 25, 2003, City Council Meeting concerning the above item: Councilmember Lantry requested the City Attorney to provide a report whether or not the City, in addition to the State, can also include an additional fee on liquor licenses for the extended hour. Also, is it necessary for the City to develop a different liquor license fee scale. Councilmember Coleman requested the City Attomey to provide a report as to the City's ability to impose stricter license conditions on certain establishments, such as certain neighborhood bars that would remain open until 2:00 a.m. Councilmember Slakey requested a report from Chief Finney, Saint Paul Police Department, on the impact, if any, the 2:00 a.m. bar closing will have on the City's law enforcement. First Reading - 03-555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code to clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary powers previously given to the Library Agency. Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0 Resolution - 03-556 - Approving the polling location changes for the 2003 primary and general elections. Introduced and laid over to June 11 Yeas - 7 Nays - 0 Resolution Ratifying Assessment - 03-557 - In the matter of the assessment of benefits, cost and expenses for summary abatement (properiy clean-up) for part of January 2003 to part of March, 2003 for property located at 1523 Iglehart Avenue June 4, 2003, City Council Agenda (J0302A). (See Item No. 42) Adopted Yeas - 7 Nays - 0 Page 12 Resolution Rarifying Assessment - 03-558 - In the matter of the assessment of benefits, cost and expenses for sidewalk reconstruction for both sides of West Winifred Street from Ohio Street to Charlton Street (502107) and the north side of East Third Street from Maria Avenue to Bates Avenue (S02129). (See Item No. 43) Adopted Yeas - 7 Nays - 0 Resolution -03-559 - Considering the petition of Robert McCollough to vacate the City's interest in portions of Bancroft Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown Avenue, and Congress Street to help develop a small business area owned by the petitioner (See Item No. 44) Adopted Yeas - 6 Nays - 0(Benanav not present for vote) Resolution - 03-560 - Considering the petition of Jake Cadwallader to vacate the City's interest in portions of Burg Street and East Street for the purpose of developing the abutting property with new homes. (Item No. 45) Adopted Yeas - 7 Nays - 0 Reconsidered Item Resolufion - 03-493 - Requesting and accepting donations from area merchants, unions and others for their contributions to the City of Saint Paul for the annual Employee Picnic to be held on August �4 13, 2003, at Como Park. (Previously adopted on May 28, 2003) Reconsidered, amended and adopted Yeas - 7 Nays - 0 *��:**�****�*****�***x��***�:*******��** Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at tivww.ci.stpaul.mra.us/council. Cable The City Council and Housing and Redevelopment Authoriry (HRA) Meetings are y June 4, 2003, City Council Agenda Page 13 cablecasted Zive on Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8: 00 a.m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8:00 a.m. 1:30 p.m., and 5:30 p.m.; Tuesdays at 8:00 a.m., and 5:30 p.m.; and Wednesdays at 8:00 a.m. and 1:30 p.m. *�*x��***��***�*�*��xx�:��****�*��*�� n `, " • OFFIC� THE CIT'P ATTORNEY Mnnuel J. Cervnntes, Ciry At7orney CITY OF SAINT PAUL Randy C. Kelly, Mny�or July l, 2003 Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Civil Division 400 Ciry Hn![ 15 West Kellogg B[vd. Snimt Pnul, Minnuota 5510? NOTICE OF HEARING Tefephorse: 65! 266-8710 Facsimile: 651 298-5619 RE: Malt Off-Sale License application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Dear Mr. Yang: Please take notice that a hearing will be held at the following time, date and place conceming the license application identified above: Date: Tuesday, July 22, 2003 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Off ce of Administrative Hearings: Name: Telephone: Bruce H. Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 (612)341-7607 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- ■ Malt Off-Sa1Q License Application �a-a�A-EEO Em Submitted By C.uanh Yang d/b/a Super — Convenient Store City's Exh. No. 17 intoxicating liquor, authon•s also conveyed by Minnesota Statute�section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against the license application you submitted as follows: Although the recommendation of the Office of License, Inspections and Environmentai Protection is for issuance of the Off-Sale Malt license with certain conditions, objections have been raised to the license by other interested persons. Interested persons will appear at the hearing to recommend denial of the license based upon concerns that 1) there is already an over concentration of stores in the area which se113.2 malt at off-sale or which sell aIcohol; 2} there are aiready concerns with liftering by patrons of the store and the neighbors fear the litter will increase with the sale of 3.2 malt off-sale; 3) the store is located near housing for recovering alcoholics and the proximity of a store selling 3.2 malt off-sale would endanger their recovery; and 4) the store is surrounded by residential housing and there are large numbers of young children playing near the store. Neighbors fear that there will be increased traffic associated with the sale of 3.2 malt off-sale and that the children will be exposed to increased amounts of negative advertising of alcohol. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 7udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses yon will or may need to support your position. Subpoenas may be available to compel the attendance of wimesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �If you fail to appeaz at the h• g, your ability to challenge the ailega�ons will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless obj ection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, �.� � �� .��" Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washin�on Square, Suite 1700, Mpls, MN 55401 Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Tate Danielson, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Notice of Hearing - Page 3 �.• L• � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CI.EMENTS, being 6rst duly sworn, deposes and says that on 7uly 7, 2003, served the attached NOTTCE OF HEARING placing a true and correct copy thereof in an envelope addressed as follows: Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue St. Paul, NIN. 55104 (which is the last laiown address of said person) United States mails aY St. Panl, Minnesota. Subscribed and sworn to before me this 7th day of 7uly, 2003. Public °E?ER P. PAi�G80ftlV NGYk.€'iY ?UBIIC � �1tfgNE$OTA sF,v �oaAta:s��or� z:x�=��.sa� �°,,2� ie �, � ��i � Dist�ict 7Planning Council 689 North Dale Street Saint Paul, Minnesota 55103-I644 65I/298-5068 (office) 651/298-5072 (fitt) district7@integraonlinzcom (e-mail) July 15, 2003 Honorable Bruce H. Johnson O�ce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 Dear Judge Johnson, s _ �. �: JUL l8 20�3 � k �� I'm writing concerning the Administrative Hearing scheduled for July 22, 2003 to review the license application submitted by Chanh Yang d/b/a Super Convenient Store at 922 Thomas Avenue. The District 7 Planning Council wishes to formally intervene and requests consideration as a separate party. In addition, we request a continuance of this hearing for additional time to gather evidence and inform residents of their ability to testify. I have spoken with Virginia Palmer, Assistant City Attorney for St. Paul, and she has no objections. Thank you for your consideration. Best regazds, %:.�.�- d�//�z;� Tait A. Danielson Lead Organizer cc: Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MN 55102 Chanh K. Yang, Owner, Super Convenient Store, 922 Thomas Ave., St. Paul, MN 55104 Our 32n year of service to the neighborhoods of Mt Airy, Capitol Heights, Lower Rice Street, Frogtown and East Midway 1970 - 2002 Malt Off-Sale License Apphcation — Submitted By Chanh Yang d/b/a Super Convenient Store City's Exh. No. 18 0 � y • OFFICE� THE CITY ATTORNEY ManuelJ. Cervames, Ciry Attorney CITY OF SAINT PAUL Rnndy C. Ke(Zy, Mnyor July 21, 2003 Civi[ Division 400 Ciry Ha(1 I S Wes[ Kellogg Blvd. SnintPaul, Minnesota 55/0? NOTICE OF RE-SCHEDULED HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 7e[ephone: 6i! 266-8710 Fncsimile.' 651 298-56l9 RE: Malt Off-Sale License application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Dear Mr. Yang: The administrative hearing previously set for Tuesday, July 22, 2003 has been re-scheduled at the request of the District 7 Planning Council. The hearing has now been re-scheduled to Tuesday, August 12, 2003. The hearing will begin at 9:30 a.m. and will be held in room 42 in the St. Paul City Ha11,15 West Kellogg Boulevard, St. Paul, MN 55102. Administrative Law 7udge Bruce H. Johnson will still preside over the hearing. If you have any questions, please feel free to call me at 266-8710. V ery truly yours, � rhk,�u.LC—� ��.-„�-. _ \ U Virginia D. Palmer Assistant City Attomey cc: Administrative Law Judge Bruce H. 7ohnson, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Directar of LIEP Tate Danielson, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 ■ Malt Off-Sale Licease Application aa-ana-EEO EmPi Submitted By Chanh Yang d/b/a Super — Convenient Store City s Exh. No. 19 �. � STATE OF NIINNESOTA �� l� fXY r� u AFFIDAVIT OF SERVICE BY U.S. MAIL Kazen M. Doumany, being first duly sworn, deposes and says that on the 21 st day of July, 2003, at the City of Saint Paul, county and state aforemention, she served the attached Norice of Rescheduled Hearing by depositing in the United States mail at said City of Saint Paul, a true and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual: Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 . i ,' t . � Subscribed and . orn e r e this 21 st day o,f�u1�,9�/ �/� . Notary Public ?ETER P. PANGSORh! NOTA�2Y PUBLIC - MINNESOTA MY COMMSSSION EXPl4tES JAN. 31, 2�05 ��tw,� i %, 2�3 �3�ti�te3 �a iihflm i# �rav caar.ern: 1, �han3� i�evi� 1'�g, �.auld l�ke i� �is��ass 23�� ope� and apprc��al �f se�ting alcohal a� iiquar ucti:,i8��5 di �ii}�2i �rio'�1iZi2i �i0ic Oi't'�-'�.� Y�"tcZkYF�a rsvcftac. I�auid like to mention an fl��r who �eceived a� a}�oval mait l�e�se�i 3.2 beer from �e past il�at uas 44' 4 # 4' �} i 1 3 'ty f`� ' (v JG Y�.�7LL t1t�f.EVt f)GVP�YY�S�G ZE LCfG YGTV Je�YIe J#.Cfiw. ttZG V�i'tIGI�J t��ZtG t�`fZJ LYQt�� l.Yttta ��}' �oY, �v�a ��a�le alca�ol se�� r �s #i�� being, $ut as #� si�i� �as �u� ��t i�OVtiYi [G £t i1G' OWii�f, v�ti'fl)% i'Ltl�d'tO:tii, et 1viu5iiiYi'6Z�iQVEF, W� aaaiil5i uiCAilOi, St"� �'ic 63i5i5csi iiic xi�iYt� t�� aict�i�ol �ar i�s time be�g. Nx��, �vittt the eccanazny be�g at a�ow level t�f �p�c�vement I�ould 1�� £u Y@ir�7cff i't�c �iiii't� vi aicC3iil�i. ��T3�3�2� � �'iiS� �i£cltti3g 1 � �#. r11'i �£D�?i3� 3?#��'�#�EIIS£ �.� ��T � �ii�'i� �?C li3#�I'YT�§%9 �itCl sEtiv8y5 tivrn ii7o d�ed �SCfi�i"iu �il�'t �Csiid��u.' �iuic. �`iiic ii�3i.i?2� z;d^u3 t� itc u�1r6Vet� 17t7i ii w'us 35'�c'u a�aut t�e ct�n�tic�ns o�the area. i 3�si re}�orte�l t�at I dfl �ve availa�le securizv w�#� 241� and s�sYem i��r-Ysrea�-:i�s. �'fl �� r��s af�etrpe�iag Il�e seTl�t�g �f �c�l �d li�r��r�g�s, is ta �r�m�1� a graw�g �3eiSfii855 '��i �,ft� �l�'vcii4lilci'ti i?t"?tf Y'tT ' i�1Yi�'t '�iY�t i�tiS 3, �trva' ii wviti� s�� Otfi dt1{i a£tit1T"� &S�i _ � Y� ��,__.�� C�'EU �32 f�TflVEIi3iIICii'� �47 �li$'tii'U 135�. I ��sa ��s a sfl7�l�er �ed fflr �e TJ�� s �n �he "Viet�m�� , I �ad �ive� t�a fl�e i��ites� ��ates iYi ii4c caY'�°y ' � � iir �iui't�'' �3. i:�: Cv ii� fiiriYi �^v'ttiC�'ft ii itinS iun.c�t riaJtity "G�£�£ roV i Tv.nS rFf9r'Ta. i iti��Iiti a��iQ yt�� m�appor[ t�ur �usi�ess aud to ke�p i� grt��viug. S��erei�, t"han� I�ev� Y�g �� 'ab � Malt Off-Sale License Application — Submitted By Chanh Yang E/Xhalloper — Convenient Store � 03� ��5 Dear Frogtown District 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. Tlus survey is to address the neighborhood and customers ages 21 and older. The owner is applying for a license to sell alcohol beverages in the store. Please write your full name, your phone number, and also check yes/no if you do or do not agree with the owner's decision. I Dear Frogtown District 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighborhood and customers ages 2i and older. The owner is applying for a license to sell alcohol beverages in the store. Please write your full name, your phone number, and also check yes/no if you do ar do not agree with the owner's decision. Dear Frogtown District 7: Super Convenient Store located in Frogtown on 422 Thomas Avenue, is conducting a survey. This survey is to address the neighborhood and customers ages 21 and oider. The owner is applying for a license to seli alcohol beverages in the store. Please write your full name, yaur phone number, and also check yes/no if you do or do not agree with the owner's decision. Dear Frogtown District 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighborhood aud customers ages 21 and older. The owner is applying for a license to sell alcohol beverages in the store. Please write your full name, your phone number, and also check yes/no if you do or do not agree with the owner's decision. Dear Frogtown I}istrict 7: Super Convenient Stare located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighbarhood and customers ages 21 and �ider. 'i'i�e o�ner is appiying far a�ieense ta seii aicohai �everages in the store. 3'lease writE �vur fuii name, yotu phanE n�rb�r, and aisa ci�eck yesJno if you do ar do not agree witi� the owner's decision. Dear Frogtown Dish 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighborhood and customers ages 21 and older. The owner is applying for a license to sell alcohol beverages in the store. Please write your full nama, your phone number, and also check yes/no if you do or do not agree with the owner's decision. 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No. �. c.w�c, 1 OFFICE OF THE CITY ATTORNEY Manuel J. Cervantes, Ciry Attorney CITY OF SAINT PAUL Randy C. Kelly, Mayor CivilDivimon 400 Ciry Hall IS West Kellogg Blvd. Sainr Pau1, Minnesoia 55102 Telephone: 6S1 266-87] 0 Facsimile: 651298-5619 August 13, 2003 The Honorable Bruce Johnson Office of Administrative Hearings 100 Washington Sq_uare, Suite 1700 100 Washington Avenue South Minneapolis, MN 55401 :v 0 ca �.. _ � � – — d�_ _- _ .� - nJ � �J RE: In re the Application for a 3.2 Malt Off-Sale License by Super Convenient Store for the premises located at 922 Thomas Avenue in the City of Saint Paul Dear Judge Johnson: Enclosed please find a map showing a one-half mile radius around 922 Thomas Avenue, with numbered dots indicating other liquor establishments in the area. There is also a list of thos establishtnents, showing which aze licensed to sell 3.2 malt liquor at off-sale. You will see that there aze four other locations which have the ability to sell 3.2 malt at off-sale - one liquor store, one convenience store, and two on-sale establishments. Please feel free to contact me if you have any questions. Sincerely, `�Lt�,�ik cc-� ��,.,�� 0 Virginia D. Palmer Assistant City Attorney cc: Chanh K. Yang Tait Danielson AA-ADA-EEO Employer t-. - Distt-ict 7 Planning Council �" y' '= ' � >;,-; �. : � 689 Norlh Da[e Street Sairet Paul, Minnesota SSI03-I64¢,,, ,-, r 65I/298-5068 (offzce) 65I/298-5072 (fax) district7n�'ntegraonline.diia�c;>pE'ail� • . � �� July 15, 2003 Honorable Bruce H.Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 Dear Judge Johnson, Pm writing concerning the Administrative Hearing scheduled for July 22, 2003 to review the license application submitted by Chanh Yang d/b/a Super Convenient Store at 922 Thomas Avenue. The District 7 Planning Council wishes to formally intervene and requests consideration as a separate party. In addition, we request a continuance of this hearing for additional time to gather evidence and inform residents of their ability to tesrify. I have spoken with Virginia Palmer, Assistant City Attomey for St. Paul, and she has no objections. Thank you for your consideration. Best:egards, r /�c.e �- �.�z:�--� Tait A. Danielson Lead Organizer cc: Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MN 55102 Chanh K. Yang, Owner, Super Convenient Store, 922 Thomas Ave., St. Paul, MN 55104 Our 32° year of service to the neighborhoods of Mt Airy, Capitol Heights, Lower Rice Street, Frogtown and East Midway I970 - 2002 CITY OF SAINT PAUL RnrsAy C. Ke[[y, Mayor 7uly 21, 2003 �� r':, f°; ', �OQ� P r, > ✓C �� :� 2 � ` a �t'j : n l;�r `/:i ( :- .. � r ,. lf�� ` v OFFICE OF THE CITY ATTORNEY Mnnuel J. Cervnntes, Ciry Attorney CivilDivision �� 400 Ciry H�ll I S West Ke[[ogg BIvr1. Saint Pnu{ Minnesola SJ102 NOTICE OF RE-SCHEDULED HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Te[ephone: 651 266-87/ 0 Facsimi[e: 65129856/ 9 RE: Malt Off-Sale License application submittedby Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Dear Mr. Yang: The administrative hearing previously set for Tuesday, July 22, 2003 has been re-scheduled at the request of the District 7 Planning Councii. The hearing has now been re-scheduled to Tuesday, August 12, 2003. The hearing will begin at 9:30 a.m. and will be held in room 42 in the St. Paul City Ha11,15 West Kellogg Boulevard, St. Paul, MN 55102. Administrative Law Judge Bruce H. Johnson will still preside over the hearing. If you have any questions, please feel free to call me at 266-8710. Very truly yours, ��ti"' ��,�,`�.-� Virginia D. Palmer Assistant City Attomey cc: Administrative Law Judge Bruce H. Johnson, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Tate Danielson, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 AA-ADA-EEO Employer . �. OFFICE OF THE CITY ATTORNEY Man¢rel J. Cerv¢ntes, City Attorney ?": .' `` "'_ : ti� CITY OF SAINT PAUL ;�`;`_ -; r' i �� ± 2 crvaor.•,sro„ RnnAy C. Ke71y, Mnyor _ 400 City Hall Telephone: 65/ 266-8710 - � �,;? :-, ;�. i_ IS West Kellagg B[vd. Fncsimile: 65/ 298a619 � ��=_ � Satnt Paul, Minrsesota 5�102 July 1, 2003 NOTICE OF HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 RE: Malt Off-Sale License application submitted by Chanh Yang d/b/a Super Convenience Store for the premises located at 922 Thomas Avenue in St. Paul Dear Mr. Yang: Please take notice that a hearing will be held at the following tima, date and place concerning the license application identified above: Date: Tuesday, July 22, 2003 Time: 9:30 a.m. Place: Room 42 St. Paul City Aall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Bruce H. Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: (612)341-7607 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- AA-ADA-EEO Employer intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against the license application you submitted as follows: Although the recommendarion of the Office of License, Inspections and Environmental ProtecYion is for issuance of the Off-Sale Malt license with certain conditions, objections have been raised to the license by other interested persons. Interested persons will appear at the hearing to recommend denial of the license based upon concerns that 1) there is already an over concentration of stores in the area which se113.2 malt at off-sale or which sell alcohol; 2) there are already concerns with littering by patrons of the store and the neighbors fear the litter will increase with the sale of 3.2 malt off-sale; 3) the store is located mear �ousing for recovering alcoLolics and the proximity of a store selling 3.2 malt off-sale would endanger their recovery; and 4) the store is surrounded by residential housing and there are large numbers of young children playing near the store. Neighbors fear that there will be increased traffic associated with the sale of 3.2 malt off-sale and that the children will be exposed to increased amounts of negative advertising of alcohol. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prokibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record. The City will then present its wimesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's at'torney may cross-examine. The Administrative Law Judge may in a8dition hear relevanY and maYerial testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of properiy located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and wimesses you wiil 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 Minnasota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 � If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless obj ection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, �' / p � ,(� ��.-�w� ./L �! Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Sauaze, Suite 1700, Mp;s, MN 5�401 Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Tate Danieison, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Notice of Hearing - Page 3