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03-34Council File # 0 3- 3 y Green Sheet # 200560 RESOLUTION OF, SAINT PAUL, MINNESOTA Presented � Refened To Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application (ID # 19990005709) for Cabazet Class A and Game Room Licenses by Joe Furth, DBA Eclipse Records, 1692 Grand Avenue, be approved with the following conditions: 1. Musical performances Sunday through Thursday are limited to 5:00 p.m. to 8:00 p.m. Friday and Saturday performances aze limited to 5:00 p.m. to 10:00 p.m. If the owner consults an acoustical engineer and additional soundproofing measures are taken, the hours of musical performances will be revisited when the Cabaret License is up for renewal; 2. The Cabazet License is approved for use on the first floor only; 3. No one associated with Eclipse Records will change their clothes or play their instruments behind 1692 Grand Avenue; 4. The licensee will pick up refuse around the perimeter of his building on a daily basis; 5. The occupancy load in the building is limited to less than fifty people; WHEREAS, the Planning Commission is considering the Special Condition Use Permit and parking requirement variance, the Legislafive Hearing Officer wiil make a recommendation regazding the Game Room License after that Planning Commission meeting; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves the Cabazet-Class A License with the recommended conditions. Yeas Nays Absent Benanav �/ Blakey ,/ Bosffom ,/ Coleman � Harris � L,antry ✓ Reiter �/ � � � Adopted by Council: Date � Adoption Certifie y Council S c etary � By: Approved by yo : Date By: ��Gp Requested by Aeparhnent of: � Form Approved by City Attorney � by Mayor for Submission to Council 03 -'�� City Council Offices Marcia eE «a c«, MUMBERFOR ROUTItX'. ORUER TOTAL # OF SIGNATURE PAGES z, zaosl GREEN SHEET No 200560 u �„u,�*�*� u �� ❑ tlIY4Ti0R1EY ❑ CRYCIFAK _ ❑ R111MCI�LfERVICFSGYI ❑ Al�!lCIFLffl ❑ WYORpRM9iIl1111) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application with conditions for Cabaret-Class A and Game Room Licenses by Soe DBA Eclipse Records, 1692 Grand Avenue. PLANNING CAMMISSION Ct8 CAMMITTEE CIVIC SERVICE CAMMISSION Has this person/firm everwarked uMer a contract For Nis department? YES NO Hes Mes pe�soMtm ever heen a aty empbyce? YES NO ' Does this peisonrAim possess a sldli not normelrypossessed by any curteM city employee7 YES NO Is this persoNfirm a tarpetetl verMo(t YES NO OF TRANSACTION S SOURCE INFORMAiION (IXPWI� COST/REVENUE BUOGETED (CIRCLE ONE) ACTNITYNUMBER YES NO .., � -L�_ PATRICK W. HARRIS Councilmember C�ITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: RE: Council President Dan Bostrom City Councilmembers Councilmember Pat H ' January 10, 2003 Suspension Item - January 15 City Council Agenda �3-� `� The attached resolution was inadvertently omitted from the agenda planning process and will be brought under suspension at the City Council Meeting on Wednesday, January 15, 2003. If you have any questions, please do not hesitate to contact me. Thank you. c: Nancy Anderson, Council Reseazch ✓ Marcia Moermond, Council Research Roger Curtis, LIEP CITY HALL SUITE 310C SAINT PAUL, MINNESOTA 55102-1615 E-MAIL: ward3@ci.stpauLmn.us 651/266-8630 .�. AA-ADA-EEO Employer � MINUTES OF THE LEGISLATIVE HEARING �� �� ECLIPSE RECORDS - 1692 GRAND AVENUE Monday, December 23, 2002 Room 330 Courthouse Mazcia Moermond, Legislative Hearing Officer The meeting was called to order at 10:02 a.m. STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protection (LIEP); Christine Rozek, LIEP; Kristine Schweinler, LIEP; Steve Zaccazd, Fue Department Mazcia Moermond stated this is an informal meeting so that everyone can discuss and resolve issues regazding the license application for Eclipse Records before it goes to the City Council. The City Council and the Legislative Hearing Officer are empowered to grant the licenses, grant with conditions—which have to be acceptable to the applicant�r refer the matter to an Administrative Law Judge (ALJ). On that list, there is no option to deny the application; instead, the matter would go to an ALJ. That process is time-intensive. If attorneys are hired, it is also expensive. The ALJ process plus the City Corxncil public hearing can take about 90 days. Ms. Moermond's decision today is a recommendation to the City Council about what they should be doing. They can abide by Ms. Moermond's recommendation or not. This will be on the City Council agenda for January 8; it will appear on their Consent Agenda and will not be a matter of discussion; however, a councilmember can request that it be pulled off of the Consent Agenda and discussed at more length. Chrisrine Rozek, Deputy Director of LIEP, reported this is an application by Joe Furth, doing business as Eclipse Records, 1692 Grand Avenue, far a Cabazet License and a Game Room License. LIEP is recoxnmending approval of the license applica6on with the recommended conditions by Fire and Zoning. Steve Zaccard, Fire Marshall, reported Fire has renewed in August a Certificate of Occupancy as mercantile, which means that it has an occupancy load of less than fifty. Fifiy or more would make it a place of assembly and it does not have the space for that. The basement is for utility use of the building, and Fire has not certified that space for use by the public pending the outcome of licensing and zoning issues. The condition would be an occupant load of less than fifty. Jeff Hawkins reported there is no additional parking requirement for the cabaret. For the game room, there is additional parking required and it also requires a conditional use permit authorized by the Planning Commission. The applicant will appear at the Zoning Committee of the Planning Commission at the hearing on January 2, 2003. The full Planning Commission meets on Friday, January 10, and they may recommend additional conditions for the licenses. The Planning Commission's decision can be appealed to the City Council. Rachel Harris, 320 Griggs Street South, appeared and stated she is a member of the Macalester Groveland Community CounciL She has a resolution from their last Housing and Land Use Meeting. Regarding the Cabazet License, they would like performances "limited to times ending by 8 p.m. Sunday through Thursday and ending by 10 p.m. Friday and Saturday." The committee did hear from residents in opposition and in favor. Those in opposition were concerned about the �� -� �{ � LEGISLATIVE HEARING FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 2 noise and overflow of people attending concerts at Eclipse Records. By overflow, they mean people walking down the street and people hanging out on the sidewalk before going home. The peopie in favor appreciated a place for their children to go that was a save haven with no alcohol and no drugs. Regazding the game room license, the Coxnmunity Council opposed granting a condirional use permit "due to the intensified use on the property and noise concems." Members were interested in seeing how the cabaret license would afFect the properiy and its surroundings. They were interested in passing one resolution at this time. Joan Olson, 1705 Lincoln, appeared and stated she lives directly behind Eclipse Records. Mr. Furth operated without a license. He has indicated he is going to apply for a STAR grant, but it is her understanding that he is not eligible. Grand Avenue is very busy. Overflow traffic will end up in the residential area. Some of the residents already have to pazk far from their homes because they do not have gazages. The neighborhood has overflow traffic with Grand Avenue during Grand OI' Days and Macalester College. If the cabaret license is issued, there will be a lot of folks milling on the street that cannot get in Eclipse Records for a performance. Noise is a big issue for her. As for the game room license, this is directly across the street from Ramsey Junior High. The kids will never go home. She is not taking issue with the fact that it is a healthy ahnosphere with no drinking and smoking. Her issue is just the location, which is terrible for this venue. Dan Craig, 1699 Lincoln Avenue, appeared and stated when he is in the backyard the noise is around him. Joe Furth is interested in rock music, which Mr. Craig does not have an issue with because he has played in bands; however, these are large amplifiers with full druui sets and bass. It is loud. There may be no smoking in Eclipse, but there may be smoking in the back alleys, which is fifty feet from any child walking down the street. Band people often like to indulge in pot and other illegal drugs. There are lots of people in the front of the business. There are cigarette butts and an ashtray in the front. This is not conducive to the neighborhood he moved into 23 years ago. He did not think he had to put up with this when he bought his house on Lincoln. Also, it was noted that band members were changing clothes in the back alley in view of his house, which he did not appreciate because he has a young teenage daughter. As for the game room, he concurs with Ms. Olson: across the street from the junior high school is a bad idea. Kim Craig, 1699 Lincoln Avenue, appeared and stated she agrees with her husband Dan. They petitioned along Lincoln and Cambridge Avenues and 95% of the neighborhood is very opposed to this license application. It has created an atmosphere in the past that is not conducive to raising children. She has told her teenage daughter to stay on Lincoln Avenue and not wander onto Grand Avenue when things aze going on. There have been crowds of people and many of them are drunk. Her teenage son wimessed a crowd on drugs of some kind and watched a kid start to fall out in front of the City bus. Her son has been cursed at by Mr. Furth and accused of stealing in lus store. Mr. Furth has proven himself to not care about the neighbors. This is a money-making venture for him because there are two colleges nearby. She is all about diversity, but the location needs to be different. Also, she has called the police numerous times because of the noise issue when she was unable to sleep. (No one else wished to be heard in objecrion to the licenses.) ba -� �{ ._ LEGISLATIVB HEARING FOR ECLIPSE RECORDS,1692 Grand Avenue Page 3 Joe Furth, owner of Eclipse Records, appeazed and stated that someone said 95% of the neighborhood is against what he is doing. Looking at the petitions, he feels it is 95% of the people they petitioned. He has petitions of over 1,500 people that aze in support of his license application. He has recommendations from professors at Macalester College, people in the neighborhood, and teachers at Ramsey Junior High. As far as bandmembers changing clothes, it is a private alleyway. A person cannot see the alleyway from the back of his building. It is not accessibie to the public. As far the game room license, there aze provisions listed in the game room license regazding curfew and the age lunit. He would enforce these things so that he would not risk his license. Regazding the noise issue, Mark Kaisersatt (LIEP) has done numerous sound monitoring behind the store and has not found that he is in violation of the City's noise ordinance. It seems the neighbors just do not want him there. As for people smoking out front and the overflow, stated Mr. Furth, there aze many businesses in the area that have this issue: people leaving a theater, people leaving a book reading, parties leaving restaurants. He does not violate that more than anybody else. As for the Community Council's recommendation that the performances be done by 8:00 during the week, Dunn Brothers Coffee also has a cabaret license and they can operate after 8:00. To say that he needs to be done before 8:00 would be holding him to a higher standard than a similar establishment. The neighbors do not like the clientele in his store nor the type of music. He has done a lot to change the ordinance to allow places that are not restaurants to have live music and in store performances. (Mr. Furth submitted to Ms. Moermond letters of recommendation from the following: Lori Jo M. Krengel, Krengel Properties, 1688 Grand Avenue; Joe Baumgart, 54 Cretin Avenue South #107; A. Kiarina Kordela, Assistant Professor, Macalester College, 1600 Grand Avenue; Wang Ping, Assistant Professor, Macalester College, 1600 Grand Avenue; and Stephen Burt, Assistant Professor, Macalester College, 1600 Grand Avenue.) Mr. Furth stated he is okay with ending the shows at 8:00 p.m. if there was a specific reason why his place should be done at 8:00 during the week and 10:00 p.m, on the weekends. He has done a lot of work to bring the properry into compliance: he now has egress out of the basement, he is applying for a special use permit right now, and he has an application for a pazking variance. If there aze restrictions, he feels they should be fair and not restrict his business just because someone disagrees with what he does. He has had conversations with Mrs. Olson in the past and it does not matter to her what he does because it is a personal issue for her. He cannot please everybody. There is a place two doors down that serves alcohol. Peter Pitman, 2036 Princeton Avenue, appeared and stated he has been a Saint Paul resident for 22 yeazs. Saint Paul has always been an advocate of emerging talent. Eclipse Records is providing an opportunity for young musicians to perform for a small, enthusiasric audience. This opportunity is rare. People of his age aze not given the opportunity to participate in an event like this. He would support letting them perform unti19:00 or 10:00 p.m. Once again, there seems there is some speculative hearsay about the behavior of students and teenagers. No one wants to speak on their behalf. Many of them are shy. They often get a bad rap. It would be a golden opportunity to have them perform at Eclipse Records. He speaks on the behalf of many people a�-�`i � LEGISLATIVE HEt1ILTNG FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 4 who have attended concerts there. As a teacher at the locai high school, this is an opportunity for kids to go out in the evening and witness good music. Lloyd Ciedwyn, 1736 Lincoln Avenue, appeazed and stated that his commute takes him walking past Eciipse Records. The environmental and personae of the azea has unproved by having Eclipse Records there. In his two block commute to work, there are about six households with teenage kids who do not bave other opportunities to have evening activities of a productive nature. (No one else wished to speak in support of the license application.) Ms. Moermond stated the Certificate of Occupancy was issued with the notion that it is a mercantile use for occupancy. Mr. Zaccard responded it is certified for mercantile use and there is not enough room to haue more than fifty people nor is the exit in compliance with that. Ms. Moermond asked if the license was granted with the condition on the number of people, would he be looking at any additional characteristics in that space. Mr. Zaccard responded the certificate as a mercantile use implies fewer than fifty. They can also make it a condition of the license. The doors do not swing the right way and there is not the necessary fire and sprinkler, emergency lighting systems, etc. that an assembly use would require. The owner has added a second egress frm the basement in anticipation of it being used by the public. Ms. Moermond asked about any conditions for the game room occupancy. Mr. Zaccard responded the fifty is total for both levels. They have to add emergency lighting in the basement. That would be required by the code anyway. In their most recent inspection, his office would approve the use of the basement for utility use only. Ms. Moermond stated the Planning Commission has yet to decide whether they will issue the special condition use permit for the additional parking to allow for a game room. Given that the Council will want to see if the variance will be allowed, she will defer the decision on the game room pending the Planning Commission's conclusion about the parking. She asked if a continuance of this hearing on January 14 would work far people to discuss the game room application. Mr. Furth responded he is concerned about what will be discussed on that day. If the Planning Commission denies his permit, there is no way for him to haue the game room. If they do approve it, they have discussed the game room. It is hinging on the Planning Commission's recommendation. Ms. Moermond responded she could take additional testimony if the Planning Commission's recommendation merited additional comment in regards to this license application. The parking issue is a prerequisite to the issuance of the license and appealable to the City Council. This could also be handled by letter instead of another hearing. Ms. Moermond asked were there any preferences on how this should be handled. (No one responded.) Ms. Moermond stated she will go forwazd with a letter on January 14 in reference to the game room license application. That is, of course, if the Planning Commission acts in a timely manner in getting their work done and forwarded to the City Council. 03 -� y LEGISLATIVE HEARING FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 5 Ms. Moermond stated the prunary issue was noise and congregation of people who may be smoking and negatively influencing the young in the azea. There has been neighborhood experience with live performances in this space. It is completely reasonable that the hours of operation be lunited. She asked was there informarion about Dunn Brothers. Ms. Schweinler responded LIEP has received no complaints about Dunn Brothers. Mrs. Craig responded Dunn Brothers is across the highway, so there would be no complaints. She is a professionai musician. Her issue is not about the opporhxnity for musicians. Her issue is with the location. Mr. Craig stated one of the previous speakers moved into the neighborhood recently. Mr. Craig respects Mr. Furth's mission and what he wants to do, but this is the wrong place for his business. He should move next to Dunn Brothers. Mr. Furth stated there has not been one instance that the negative influence came from his store. It is a college neighborhood. There aze more businesses of his type on the other end of Grand Avenue, but he is still zoned the same; it is a B-2 zone. He is in a business district. There is nothing written that says what type of business can go in there. The neighbors don't like the type of business he operates nor his clientele. As for people jumping in front of the bus, there aze people that play around the bus stop everyday. He should not be held accountable for every negative instance in the neighborhood. There are residences closer to his business, and they have never complained. Mr. Pitman asked have there been documented complaints and calls. Ms. Moerxnond responded there have been calls and reports written. The issue is whether or not they were prosecuted and held up. It is her understanding the two noise violations ticketed in May were dismissed. Mr. Craig stated he has a teenage son and a teenage daughter. He noticed when Mr. Furth started playing loud music. Once he has the legal right to do it, it will become often and worse. Mr. Furth stated the City has gone out on numerous occasions and he has never once violated the noise ordinance. Ms. Olson responded Mark Kaisersatt (LIEP), the environmental sound engineer, was never able to make a sound level determination because he would cali ahead. Mrs. Craig stated the alley is public access. When she saw a band member changing clothes in the back alley, she was in her backyard. It is public access. Crowds intensify when loud music goes on. She is a very open musician and listens to a11 kinds of music in her car. It is not that they do not like him or what he is trying to do. The locations has a great impact on the neighborhood because of the crowds and the noise. Mr. Craig stated he does have various bands of different levels and sounds. When he does have loud bands with PA systems, it gets loud. Ms. Cledwyn stated he grew up down the street by Dixie's. It now has a proactive business relationship with the community. There is a noise issue at Eclipse, but it sounds like it is not a quantifiable noise. He would advocate an attitude of compromise towards this. Mr. Craig responded if that is the best that can be done, he would agree with that. Mrs. Craig responded that the neighbors say they will sell their homes. „ o�-� � LEGISLATIVE HEARING FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 6 Ms. Olson stated her dining room windows vibrate because of the noise. The license application would not be an issue if there is a way to buffer the noise. She does not believe that will work because it is an old building. Mr. Furth stated Mr. Kaisersatt came out and did decibel readings behind the store while performances are going on and he does not exceed the City's level for acceptable noise. Police o�cers ha�e come out to his location and not once did they deem it was too loud until they may have been instructed to come into his store and give him a ticket. There was an article in the paper and all of a sudden there were eight officers in the store. Without any evidence, he was issued noise ordinance violations. They were thrown out in court because there was nothing to validate them. He is willing to compromise if there is a good enough reason. The neighbors are opposed to his business without any factual evidence. Police have been called and come out to his business when there were no performances going on; it seems a neighbor is hying to set precedent that he is a problem business. He tries to be a very successful business. He has done a fair job. He is not against compromise, but it should be fair and just. Ms. Schweinler stated there was a citation issued on May 1Q. violation, it does not mean the neighbors were not disturbed. officer could hear the music from 250 feet away. Just because there was a technical The police report says that the Ms. Moermond stated we will take the noise first. Some of these things are for the landlord to do. Mr. Furth responded there has been some soundproofing done. He would agree to do professional soundproofing. It is false to say it is an old building and it is not possible to do soundproofing. He has been in conversation with the City Council about applying for a STAR grant to do soundproofing in the store. He was instructed to get the license first. If he was denied the licenses, then a STAR grant would not make much sense. Ms. Moermond suggested putting start and end times on the entertainment. Mr. Furth responded the earlier his entertainment, the eazlier it coincides with rush hour traffic. The later in the evening would counteract with any kind of rush hour traffic. Ms. Moermond asked does he intend to keep the establishment nonsmoking. Mr. Furth responded yes. Ms. Moermond asked about people milling outside the facility and additional noise generated by people coming and going. Mr. Furth responded the doars that would be open during a performance would be the front door where there is a junior high across the street. A lot of businesses on that end of Grand aze also closed at that time. The music is to the front. He does have plans to make extensive sound improvements by the door. Ms. Moerxnond asked about the congregation of people who are not allowed in because it has reached its maximum occupancy. Mr. Furth responded there have been some incidences out front. He has done a diligent job on policing, but he cannot control everybody's actions all the time. He will police the front area so there is not excessive overflow. There are other places that are smoke free and people congregate to smoke outside. He does provide an ashtray out front so .. o� -3y 9 LEGISLATIVE HEAFZING FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 7 there is not excessive garbage on the street. A lot of the stores in that azea do not provide ash trays. Mr. Craig responded that is an eyesore in itself. Ms. Moermond asked about tickets for the performances to limit the nuxnber of people in the space. Mr. Furth responded that is something that can be addressed. Ms. Moermond asked would he be willing to accept as a compromise the limit on the hours of operation. Mr. Furth responded by asking if it is the type of music or the actual day that is a problem. The District Council brought up ending at 8:00 p.m. Sunday through Thursday and 10:00 p.m. Friday and Saturday. But, he does not have the loud music every night. Ms Moermond asked there is a tradeoff between amplification and hours of operation. As an enforcement policy, Ms. Schweinler stated, there would have to be amplification or no amplification. Mr. Craig responded there has to be some amplification for acoustical music or it sounds stupid. Ms. Schweinler stated the occupancy load is 23. Mr. Zaccard responded it is 23 for the first floor. Fifty is total occupancy. Ms. Moermond stated she wouid like to recommend that musical performances do not start befare 4:00 p.m. and they end by 8:00 pm. Sunday through Thursday and 10:00_Friday and Saturday. Mr. Furth responded he has an agreement with the other businesses not to start performance 5:00 p.m. There is an orthodontist next door; therefore, performances do not generally start before 7:00 p.m. There aze other businesses that have not complained about the noise. Ms. Moermond stated 9:00 p.m. seems reasonable; however, given the neighbors' strong opposition, she would recommend 8:00 pm. Sunday through Thursday. Mr. Furth asked could the issue be addressed again if the sound improvements are done. Ms. Rozek responded they could add a condition that it would be reviewed when the licenses come up for renewal. Ms. Moermond stated Mr. Furth would not go through this Legislative Hearing process again, but he would go through regular renewals. If people continued to have concerns about the license, they need to contact LIEP staff with those complaints. LIEP would compile those when it becomes time to renew the license. Mr. Furth asked would he only be able to get additional hours when it is renewed. Ms. Rozek responded the licenses will be up for renewal one year from issuance. Her office would accept a request to change the hours and it would be reviewed with the neighbars. Any requests for modification would be sent to the district council for review. Mr. Furth asked about Mark Kaisersatt coming out to monitor the property. Ms. Schweinler responded that Mr. Furth should contact an acoustic engineer to remedy his problems. Mr. Kaisersatt is a City of Saint Paul employee and only responds to complaints. �ti C��-�`� � LEGISLATIVE HEARING FOR ECLIPSE RECORDS, 1692 Grand Avenue Page 8 If an acoustical engineer is consulted and additional soundproof ineasures aze taken prior to additional performances, stated Ms. Moermond, then 9:00 p.m. is an acceptable end time. Ms. Schweinler responded they can change the conditions after review of those changes. Given all this information, asked Ms. Moermond, wouid the limited hours of performance work for him. If not, this matter will go to an ALJ. Mr. Furth responded he is wiliing to compromise. Ms. Moermond stated she will not add that he needs to consult an acoustical engineer, but she strongly recommends he do so. Any nuxnber of businesses have had complaints about noise levels and have warked with acoustical engineers to get those concerns addressed. She will not add a condition for ticketing, but he should monitor it. If he can only get fifty people in and there are 25 people waiting, he should keep them moving along. Ms. Moermond stated another condition is that no one associated with his operation will not change their clothes or warm up their instruments behind the alley. Ms. Schweinler stated she would like to recommend a condition that the licensee be responsible for maintaining the outside property on a daily basis by picking up the trash around the perimeter of his building. Ms. Moermond stated the occupancy which is a limit of fifty in the whole building is a condition of the license. Marcia Moermond recommends that the City Council approve the license application with the following conditions: 1. Musical performances Sunday through Thursday are limited to 5:00 p.m, to 8:00 p.m. Friday and Saturday performances are limited to 5:00 pm. to 10:00 p.m. If the owner consults an acoustical engineer and addirional soundproofmg measures are taken, the hours of musical performances will be revisited when the Cabaret License is up for renewal; 2. The Cabaret License is approved for use on the first floor only; 3. No one associated with Eclipse Records will change their clothes or play their instruments behind the property; 4. The licensee will pick up refuse around the perimeter of his building on a daily basis; 5. The occupancy load in the building is limited to fifty people. The Planning Commission is considering the Special Condition Use Permit and pazking requirement variance; the Legislative Hearing Officer will make a recommendation regarding the Game Room License after that Planning Commission meeting. The meeting was adjourned at 11:30 a.m. rm