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03-528These attachments are information regarding the Chanh Yang d/b/a Super Convenience Store. Resolution #03-528 referred it to a ALJ. There was no resolution voted on adopting the Findings of Fact, etc. just a vote taken at the Public Hearing. �ity Council action minutes for June 4th, 2003 Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 4, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 pm. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Web Index • C�usent tl�encla • CommunicaLions and Administrative Orders . For Action . Far Discussion . For Ordima�lces • For Public Rearines • Su�e_u_sion Items Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, ReiterAbsent - 0 CONSENT AGENDA (Items 1 - 27) NOTE: ALL ITEMS LISTED I JNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. 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 DivisioQ 2. Suirnnons and Complaint in the matter of Muhannah Kakish vs. the City of Saint Paul, et al. Referred to the City Attorney's Office http://www.ci.stpaul.mn.us/counciU2003/jun0403cm.html 12/4/2003 �ity Council action minutes for June 4th, 2003 Page 3 of 10 13. Resolution - 03-523 - Authorizing payment of $37,500.00 to Arkay Construcrion Company in full settlement of their claun 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 relafions and recognition programs in 2003. Adopted Yeas - 7 Nays - 0 15. Resolution - 03-525 - Transferring funds from Council Contingency to various activiries 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 - D'uecting 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 Convement 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 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 Agbamirzai, 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 7oint 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 pwpose 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 http://www.ci.stpaul.mn.us/council/2003/jun0403cm.html 12/4/2003 City Council Action Minutes for October lst, 2003 � ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October i, 2003 - 3:30 p.m. PUBLIC HEARINGS - 530 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Mary Erickson - 651-266-8560 Vicki Sheffer - 651-266-8673 Office of the City Council Web Index . Consent 4�enda • Cornmunications and Adxninistrati��e Ordcrs . For Action • Suspension ltems . For Discussian . Ordinances . Public Hearinas Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 0 CONSENT AGENDA (Items 1 -18) Page 1 of 6 NOTE: ALL ITEMS LISTED i INDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Mary Bies, Juan Chavez, Norman Cohen, Luke Hannigan, Vega Gonzales, Krueger Law Firm (for Youa Thao Vue), Anthony and Wendy Ledo, LouAnu Norquist, Bruce S. Smith, and Susan Williamson. Referred to the Risk Management Division 2. Summons and Complaint in the matter of Edward McDonald v. the City of Saint Paul, Mayor Randy http://www.ci.stpaul.mn.us/counciU2003/oct0103cm.html 11/18/2003 City Council Action Minutes for October 1 st, 2003 fees. Laid over to October 8 for second reading Page 5 of 6 33. First Reading - 03-896 - An ordinance amending Chapter 380 of the Saint Paul Legislative Code requiring tanning facility owners to apply for an environmental plan review and pay a fee for new construction and/or remodeling of the facility as well as provide for change of ownership inspection and fees. Laid over to October 8 for second reading 34. First Reading - 03-897 - An ordinance amending Chapter 412 of the Saint Paul Legislarive Code to require massage facility owners to apply for an environmental plan review and pay a fee for new construction and/ar remodeling of the facility as well as provide for change of ownership inspections and fees. Laid over to October 8 for second reading 35. First Reading - 03-898 - An ordinance amending Chapter 412A of the Saint Paul Legislative Code to require adult massage parlor owners to apply for an environxnental plan review and pay a fee for new construction and/or remodeling of the facility as well as provide for change of ownership inspection and fees. Laid over to October 8 for second reading PUBLIC HEARINGS 36. Resolution 03-899 - Ratifying the 2003 Right-of-Way Maintenance Assessment Program charges to be assessed against benefitted properties. Adopted Yeas - 7 Nays - 0 37. Resolution Ratifying Assessment - 03-900 - In the matter of approving the assessment of benefits, costs and expenses far the Wheeler/Iglehart Area Paving and Lighting Project. (File No. 18957) Adopted Yeas - 7 Nays - 0 38. Resolution Ratifying Assessment - 03-901 - In the matter of approving the assessment of benefits, costs and expenses for the Edgebrook/Morningside Area Paving and Lighting Project. (File No. 18973) Adopted Yeas - 7 Nays - 0 39. Appeal of 7ohn Schlottke to a Summary Abatement Order and Vehicle Abatement Order for property at 1876 Chelton Avenue. (Legislative Hearing Officer recommends denying the appeals) Appeals Denied Yeas - 7 Nays - 0 40. Public hearing to consider the report of the Administrative Law Judge concerning the Malt Off-Sale license application submitted by Chanh Yang d/b/a Super Convenience Store, 922 Thomas Avenue. Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge (Application Granted with Conditions) Yeas - 7 Nays - 0 41. Public hearing to consider the appeal of Phil Gerlach and Ted Peller to a decision of the Board of Zoning Appeals approving a height variance in order to build an addition to the rear of the existing house at 2012 Iglehart Avenue. Laid over to October 15 Yeas - 7 Nays - 0 42. Public hearing to consider the appeal of Robert Clapp, River Run Properties, to a decision of the http://www.ci.stpaul.mn.us/counciU2003/oct0103cm.hhnl 11/18/2003 - City Council Action Minutes for October 1 st, 2003 Page 6 of 6 Board of Zoning Appeals denying three variances in order to split properry and create a new and buildable lot at 1016 McLean Avenue. Motion of Intent - Appeal Granted Yeas - 6 Nays - 1(Lantry) 43. Public hearing to consider the application of Twin Cities Habitat for Humanity for a combined plat to create ten (10) residential lots and two (2) outlots on the Northwest corner of Mississippi Street and Hyacinth Avenue. Motion of Intent - Application Granted Yeas - 6 Nays - 0(Coleman not present for vote) 44. Public hearing to consider the application of Stonebridge Development and Acquisition, LLC far a combined plat to create four lots for new residential development at Davern St., Norfolk Ave., W. 7th St., and Munster Ave. Motion of Intent - Application Granted Yeas - 7 Nays - 0 45. Public hearing concerning the Notice of Violation issued to Comcast of St. Paul, Inc. by the City's Off ce of Cable Communications regarding Article I§ 109(e) of the cable television franchise. (Public hearing continued from August 27) A pnblic hearing was held Council Meeting Information Website: For an updated copy of the City Council Meeting agendas or minutes, please visit our website at .htt�:%hvww ci.stpau7.mn.us/council. Cable: The City Councid and Housi�ag and RedenelopmentAuthority (HRA) Meetings are cablecasted live on Channel 1 S 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 7:30p.m., Sundays at 5:30p.m., Mondays at 8:00 a.m. 1:30 p.m., and 5:30 p.m.; Tuesdays at 8:00 a.m., and 5:30p.m., and Wednesdays at 8:00 a.m. and 1:30 p.m. ********M*******:x**********�:*��**:�**:x�**M http://www.ci.stpaul.mn.us/counciU2003/oct0103cm.htm] 11/18/2003 STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS �00 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 September 5, 2003 Don Luna, Ciiy 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 Dear Mr. Luna: RECEt`J£B gEp 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 like a copy of the tapes, please contact our office in writing or by telephone at 612-341-7448. Our file in this matter is now being closed. Sincerely, �fIV�.CR � • 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 `t`*, .: 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 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, CONCLUStONS 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, ali 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. 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 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. Z Minnesota Statutes, sections 340A.401 through 340A.415. 3 Exhibits 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 s 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 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 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 legislative hearing o�cer 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. e Exhibit 8. 9 Exhibit 9. 10 Exhibit 13 �� See Exhibit 20. � Exhibif 10. ' Exhibit 13 at p. 3. -3- understanding that there were only finro 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 officer 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. 74 Exhibit 11 and Exhibit A. ' Exhibit 13 at p. 5. 16 Exhibit 15. " Exhibit 16. 18 Exhibit 17. � 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 malt 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 traffia 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 ' 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- nonintoxicating malt liquors. Those establishments include one full-service liquor store, another convenience store, and two bars that also hold off-sale malt liquor Iicenses. 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 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 Council 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 lav� 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. 26 Minnesota Statutes, section 340A.412, subdivision 1(b). � 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 local 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 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, "[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 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 unreasonably 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(�. 29 Minnesota Rules, part 1400.7300, subpart 5. -7- 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 licenses to sell 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(� 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(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 respectfully recommends that the St. Paul City Council GRANT the application of Chanh K. Yang, doing business as Super Convenience Store, for an off-sale license to sell nonintoxicating malt liquors. Dated this � day of September 2003. BRUCE H. JOHNB Administrative Law � 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 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 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 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 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 di�culty here arises with respect to concentration of establishments licensed for off-sale of malt fiquor. It appeared to be LfEP'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 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 with 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-concentration" of malt liquor licensees exists within a half- mile of a proposed location, Section 41�.03(� 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 ao See Finding No. 10. 31 See Exhibits 11 and A; testimony of Kristina Schweinler. � the term "over-concentration," but rather specifically gives the City Gouncil 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 relatively large number, and the ALJ has therefore conciuded 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 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 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 o�cer 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 tra�c. Additionally, the ALJ concludes that the licensure conditions to which Mr. Yang has agreed are su�cient 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 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 malt liquor at Mr. Yang's grocery store will 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 Billy's Victorian Bar, which is located a block away from the 3Z Exhibit 13 at p. 3. aa Finding No. 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: In the Matter of the Malt OAH Docket No.: 4-6020- 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 Hall Assistant City Attorney 15 West Kellogg Blvd. 400 City Hall St. Paul, MN 55102 15 West Kellogg Bivd. St. Paul, MN 55102 Chanh Yang, d/b/a Super Convenience Store 1511 StillwaterAvenue St. Paul, MN 55106 OFFICE OF ADNIINISTRATIVE HEARINGS 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 tt��2�IJ�T �, , ^ EXHIBITS � TO: 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. Exhibit No. Description Exh. No. 1 Class N, City License Application, from Chanh K. Yang, dated March 12, 2003; including note from applicant, dated March 12, 2003; and Affidavit, Tnsurance Waiver For New Applicants, dated March 12, 2003 (5 pp.); Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. 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 Christine Rozek to Chanh Yang, dated March 27, 2003 (1 p.); License Review, District 7 Planning Council, 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 granting license from Linda Wright, dated May l, 2003; Nellie and Tim Suess, dated April 11, 2003; Easter Beasley, dated Apri12, 2003; Harold Miller, dated March 28, 2003 (4 pp.); E�. No. 9 E�, No. 10 Norice Of Legislarive Hearing, mailed May 7, 2003 (1 p.); License Application Suininary, dated May 20, 2003 (1 p.); Exh. No. 11 Three maps; Property Within 5280 Feet OF Parcel: 922 Thomas Ave; Property 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 Exh. No. 16 Exh. No. 17 Exh. No.18 Exh. No. 19 t�,ln �Jo 2c� ��h. ��Zt F�In•. N� 22 C�k. A Proposed Resolurion, City of Saint Paul, Council Fi2e #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 condirions (1 p.); Action Minutes Of The Saint Paul City Council for Wednesday, June 4, 2003; Item 18, page 3, refers matter to Administrarive Hearing (13 pp.); Notice of Hearing, dated July 1, 2003, with Affidauit of Service (4 pp.); Letter from Tait A. Danielson, District 7 Pianning 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 Ic�r�� ('��n k.� f w�-Wi a�#a�(.�,r.�s� �Iw�e�, o� �� ,av,;,,o�, o� 5 C�,�o,w�e� 5�e l.is�- c.� l.�r��d o�-�a,l,�- Eskab��i..�s Lw �-kt� �'^� ltil a�p a� Ne i�laa�� 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. '�fU �.C., CJ-�vw� Virginia . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 r' • .i � r�0� l Qd� � Senrence: CLASS N g CITY LICENSE APPLICATION ��'�HIS APPLiCATION IS SUB7ECT TO REVIEW BY "CHE PLBLIC � PLEASE TYPE OR PRIIv'T I�' INK � ��°�P,v�.�s CITY OF SAINT PAUL Office of Lmense, Inspec�ions and Environmental Pmtection 'i05� Pnsr Sum. Sw�z ico Sam� PaW,1I�m:aota >il@ (6i i) 26S909U Fx (651) 266-9121 Wck uwv_cu'�aul.maus/I�ep `A P� � � � LICENSES ARE NOT TRANSFERABLE 0`�` y� PAYYIENT MUSC BE RECEIVED WITfi EACH APPLICATION [J/ �� Type ofLicense(s) being applied for: �.l'ZIC-.(' LJ� � g_ t Y%"'' Projected dace of openine: _ Company Name: �� coryoretion / Ifbusiness is incorporated, Business Name(DBA): � �J �' k Proprietorship date ofincorpocation: Business Address (business location): f� Sveet (X, Name, Type, Direc�ion) Ciry State yip+4 Between what cross strezts is the business tocated? ��(�� S Which side of the street? 1, C" ry�}L Are cha prem�ses now occup�ed? _� Q,_ What Type of Business? ��C�JLK- Ma�( To Addrzss (�f different than business address): . �c1'u�-f� Apptican[ Informatton: /� �� M I � jJ�_ , Name and Tit(e: �-- "� f�R.•� +�'N S�reet (N, Name, Type, Duect�on) Phone: (� C�ry Smie Z�p'4 . _--_ 'Y1C � �l)'1�IQ � First /� iddle (Maiden) 1 La J TiUe Home Address: )�J ] �'K��eO•'{�1�,A--��Q �y Pet,� V�1 y'•f -`� �Q (a Sheet ("„ Name, Typt, Direc[ion) City Stare /� Z�p+d DareofBirth. ��-..-Lf-�.f�C� placeofBirth: � �,� HomePhone:(�)'771—� 17�j Driver Luensz: �� ,5 2.fJ -) 1 S-<-�+(.� s-C__�'/ � State of Issue:_ M� Have you ever been convicted of any Felony, crime or violation of any ciYy ordinaace other than Yraffic? YES � NO�j Date of arrest Char�e: _ Convwtion: List licenses �vhich you cnrrentty hold, formerly hetd, or may have an interest in: Havz any of thz above named licenses ever bezn revoked� Are you going ro operate chis business personally? � YES fmc 4ame M�ddie Imt��l a YES (�taiden) Last Date of Birth Homc Addrus. Saeet (n, Name, Type, D�rection) � Ciry , Smte Zip+4 Phone Number Are you going to have a manager or ass�stant in th�s business? ✓ YES NO [f thz manager �s not the samz as the operator, teasz comp(ete thz following information; _ C�.� u. ��,�^�� x��!s� Fint Vame Middlt (1[mden) Home Addrcss: Strct[ (R, Nama, Type, Directmn) ��y Where? NO If yes, tist the dates and reasons for revocahon. NO If not, who will operate it? La t � Da�e of 6irzh � MN" 5`�7�C� r��7�j-�36S� � _ _ ' � Malt Off-Sale License Appl�ication — Submitted By Chanh Yang dlb/a Super — Cottvenient Store City's Exh. No. 1 Please ]is[ your employment history for the previous five (5) year period: Business/Emnlovmen�t (;� �� 1�)� J�i'. A X X. l,V � T�i /�-�/Q List all other officers of the corporation: OFFICER TITLE HOME NAME (Office Held) ADDRESS HOME BliSINESS PHO�'E PAOr'E � DATE OF BIR7H If business is a partnership, plzase inciude the follo�ving information for each partner (use additional pa�es if necessary): Eirst Vame Ytiddle Imnal (Alaiden) Las� Da�e of Bien Home Address: Street (., timne. Directio�) First Namt bLddie Initial Einmz Addre�s: S�:ee[ 1'-'. V.�mt, T}'pe. Dcection) Ciry State (1laidenl Gry St:¢c Zip-J Phuna Vumber Las[ Datc af B:r.S ( ) Zip-1 Phona �umber MINNESOTA TAX (DC\1'I PICATION Nl; �fBER - Pursuant to Ihe Lalvs of�tinnzsota, ( 9S=1, Chaprer �02, Articiz S, Szcnon 2(27Q, i_) (Tae Clearance; Issuance of Licznses), Lccnsiaa authorrtits are req«ired to provide tu tFe Sta[e of tvfinnasota Commissioner of Revenue, the Ntinnesota bwiness tas identificazion number and the social security numbzr of each license applicant. lioder the Minnesota Govcrnment Data Practices Act and ihe Federal Pricacy Act of 1974, ��e ure rzquired m adcise you of the follo�eme rega�d�ng the use of the Minnesota Tax [dentification Number: -This information maybe used to deny the issuance or renewal ofyour license in the event you owe Mmnesota sales, employer's withholdin� or motor vehicie excise taxes; - Upon receivine this information, the lieensin� authonty will supply it only to the Minnesota Dzpartment ei Revenuz. Ho�cever, under the Federal Exchanee of Information A,reement, the Department of Revenue may supply this information to the Internal Recenue Service. Minnesota Tas Ide❑tification Numbers (Salzs Rc Use Tax Number) may be obtained from the State of Minnesota. Business Rerords Department, l0 River Park Plaza (651-296-61 S I). h(inncsota Ta� IdenLficatwn Numbcr. �� D� � 1� � If a Minncsota Tas Fdentificanon Numbzr is not required for the business beine operated, indicate so by placin� an "X" in thz box. CER"CiFICATIO� OF R'ORKERS' COMPGKS.4TION COVER.4GL PURSUANT TO MIPMLSOTA STATUTE (76.182 i hereby certify that I, or my company, am in eomplianec with the workers' compznsation insuranez co� requirements of hLnnesota Statute 176.IS2, subdicision 2. i aiso ttnderttand that provision of false information in this certification constitutes sufficient grounds for adverse action aqainst all licenses held, induding recoca[ion and suspension of said licenses. tiainz of Insurance Cmnpany: � � Policy Numbzr. Coveraee from to _ i have no employezs cocered undzr workers' compzn>ation inst�rance �iNIT1AL5) h - T A1YY FALSIFICATION OF ANSWERS GIVEiV OR MATER7AI. SiJBNII't'1'F,D WII.I. RESULT IN DENIAL OF TFIIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and correct to the best ofmy knowiedge and belief. I hereby state furtherthatI have received no money or othec consideration, by way of loan, gift, contribution, or otherwise, other than already disclosed in the application which Iherewith submitted. I also understand this premise may be inspected by police, fire, health and othee city officials at any and all ti es whe business is in operation. �-�`a-�°� SignaTUre (REQUIRED for a appL tions) Dafe Preferred methods of wmmunication from this office (please rank tn order of �-" is most preferred): °' Phone Number with area code: (��) �'�� — t� � T1 Extension (Circle the type ofphone numberyou have lisred above: Business Home Ceil Fax Pager ) Phone Number with area code: ( ) Extension - / (Circle Ihe typz ofphone number you have lis _ab Business ( Ijq me Cell Fax Pager ) `�v MaiL L� l� ��-AKK(�1J�T�JV l4V.�-��/' I�'',"� � Z�!d Street (Y., Name, Type, Direction) Ciry Stare Z�p+q Internet: E-Mail Address We will accept payment by cash, check (made payable to City of'Saint Paul) or credit card Q1'IasterCard or Visa). **Note: If this apptication 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 permits. , If there are any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zoning Inspector at(651-266-9008). All appticatiuns require tfie tollowing docu�enks.'P{ease �Nach tlie's� documents tihen su6�iiStting your applicaYion: "�� 1. A detailed description of the design, Location and square'fobtage pf The premtses to be licensed (site plan) �" � The follawiag data should be p,n the siee plan (prefecably on an„8 � x(I C��r.8'1:' x 14,',paper): '""" -.'N� � _ � �,, n - Name addr8ss and phone number. � � � � � � � - The scale sfiould be sta'ted suc� as 1' 20 ^�T should beandicaced eowaed �he to J � " r i�.Zr Gs '.rpsG'-'�*^ a? � x . n.. saK aY�` �'�$ r...4pr __ �� sc-iaa�x+ '�PTacemegt Qf a11 peifi'n�nt "featu�es of the mteno� of the licensed facdit��suaTi ns seafing areas`, kite�iens �"offices repaii ar"ea . .parking,�estrooms,etc. �..�... . .,. ,'" -". .. ° �,`.., ,�. ,'-� �. ' ; - IEa reqnes��is for an addition or expansion of theliceased facitrty indioafe bQthlhe�qrcent area and the pcopclsed'e`xpansioa. 2. A copy of your Iease agreement or proof of ownership of the property. �,� � ,: IF P.3 YlNG BY CREDIT CARD PLEASE CO,NPLETE THE FOLLOWlNG LVFORNlATION: ❑ MasterCard � Visa EXPIRATION DATE: ACCOUNT WMBER: ❑o/o❑ ❑oo❑ ❑o❑❑ ❑oo❑ ❑❑o❑ of Cardholder of Cazd Holder(required tor all charges) Date Revised 12?62U01 i . � �l�� = I �-� �t�c s ' � , � �� `�2 O'��.�.. �� -'�, � w�� a �� .�� b-e__ �i�� . S,�^- �'� ��-� ��•- Y \ CITY OF SAINT PAUL Randy C. Kelly , M¢yor LOWRYPROFESSlONALBUILDlNG Telephone: 65/-266-9090 350 St. Peter Street, Suite 300 Facsimi[e: 651-266-9124 SaintPau[,Mtnnuota Si10?-l510 Web: wwwl�ep.us Affidavit Insurance Waiver For New Applicants �AM � ��'' � � I, OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen E. Rosas, Director � hereby state that IndividuaUPartner/Corparate my business, located at "! a� �� 6;�� !�� Business Address doing business as Business Name ---� � Signature � �1� �� Date� � AA-ADA-EEO Employer is licensed to sell Off Sale 3.2 Percent Malt Liquor with anticipated sales of less than $SQ000.00 of 3.2 percent malt liquor for the upcoming year. RevisedOJl19/2003pIb YAIX PAU w�i RECEIPT FOFt APPLICATION CITY OF SAINT PAUL Offce of License, Inspeclions antl Envimnmenial Protecfion 350 SL Peter 51. Sm�e 300 Samt Paul. Minneso[a 55102-t5'10 (65t)26G-9090 Fax(651)266-9124 www.ci.stp�ul.mn.us/Iiep Date of Application: Mar 12, 2003 Received From: 200100Q4257 CHANH K YANG SUPER CONVENIENT STORE 922 THOMAS AVE ST PAUL MN 55104 In application for: Alarm Permit(New)('I) Grocery (C)(�) CigarettelTobacco ( � ) False Alarms (1 ) False Alarms ( 9 ) c�dd - o►� Malt Off Sale (1 ) 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, 2001 - Exp Date: Sep 22, 2002 Lic Fee: $317 00 Amount Paid: $3�7.00 Eff Date: Jan Ot, 2002 - Exp Date: Dec 31, 2002 Lic Fee: $0.00 Amount Paid: $0.00 Eff Date: Jan 01, 2003 - Exp Date: Dec 31, 2003 Lic Fee: $0.00 Amount Paid: $0.00 Eff Date: May 12, 2003 - Exp Date: Sep 22, 2003 Lic Fee: $53.00 Amount Paid:553.00 Total Due on this application $580.00 Other Fees Owed $0.00 Account Total Amount Due $5SO.Oo Amount Paid $580.00 Date Received Mar 12, 2003 Outstanding Aceount Balance Due S0.o0 This is not a License to op_ Malt Off-Sale License Appl�ication Submitted By Chanh yang dJb/a Super — aa e 1 of 2 Convenient Store City's Exhe No. 2 9 w�rci � IIIIIIM RECEIPT FOR APPLICATION Date of Appiication: Mar 12, 2003 Received From: 20010004257 CHANH K YANG SUPER CONVENIENT STORE 922 THOMAS AVE ST PAUL MN 55'104 Contacts: Project Facilitator: ASUNCION, CORINNE Inspector(s): KISHEL, PETER (PETE) Environmental (65�) 266-9133 OWENS, PHIL Fire SCHWEINLER,KRISTINA(KRIS) License (65'I)266-91'10 BERGMANN, DAVE (65'I) 228-6238 HAWKINS,JEFFREY (65'I)266-9083 Conditions: Requirements: 30 Days/300 Feet Except Downtown Notification Artides oF Incorparahon Business Purchase AgreemenUBill of Sale Fire Inspector - 228-6230 If with Liquor On Sale, 45 Day Notification Lease Agreement, Purchase Agreement, or Proof of Ownership Nofification Letters to Liquor List L[,�� /� Nohficati�n letters to neighbors/organ � � � Notify Distnct and City Counciis f��S! �/ Project Fac. Note: Response date for ob�ec[ions expired Property Purchase AgreemenVBill of Sale Record Check Site Plan Zoning 7nspection (651-266-9008) NOTIFY: MAILED: CITY OF SAINT PAUL Office of License, Inspections antl Envimnmental Pmtection 35o SL Peter St. Smte 300 Saint Paul, Minnesota 55�02-t510 (651)266-9090 Fax:(651)2E6-9t26 www. ci.stpaul.m2us/liep ,��s 3ao � CONTACT: CI'JGZ Y! h� V/,l F2q ,'GC�YI �J/� M �'d"�f� a vn� �3� EM rHOrrE: x� W��5°8�3' LIQUOR: CORINNE LAURA G`��,��irs' . This is not a License to operate Page 2 of 2 � � O � m � � � � � _ z co 0 0 � m m � O - n � D � n m r � N N � 2 O � D � D < m 0 W � A O W LICENSE APPLICATION NOTIFICATION License Number: 20010004257 Pnrpose: Applicarion for Malt Off Sale License (add on the current licenses) License At: 922 Thomas Ave. Applicant: Chanh K. Yang dba Super Convenient Store, Chanh K. Yang, Owner, (651) 645- 8538 Response Date: May 2, 2003 at 4:30 PM (Friday) If you haue any objections to the issuance of this (these) license(s), you must respond in writing by May 2, 2003 to: Marcia Moermond Legislative 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 Employa Malt Off-Sale License Appli�cation — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 4 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMEN"I'AL PROTECTION Jtmeen R Rosw, Director SA[4T PAUL � AAAA CTTY OF SATNT PAUL Randy C Ke[!y, M¢yor LOWRYPROFESSIONALBZ7ILDING Telephone: 65I-266-9090 350 St Peter Sbeet, Suite 300 Facsimi(e: 65I-266-9714 SaintPaul,Minnerota55102-I510 Web: www.ci.sipauLmn.us/fiep Dear Resident and/or Neighborhood Organization: The Office of License, Inspecrions and Environmental Protection (LIEP) has received a business license application which requires neighborhood notification. You aze being notified because ttus application involves a business in your azea. Details regazding this business are given on the reverse side of this letter. You will haue 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 area generally do not require a waiting period. The response deadline is given on the reverse side of this document. If you have any objections to the issuance of the license described on the reverse side, please send your objection(s) in writing to: Mazcia Moermond Legislarive Hearing Officer 310 City Hall 15 West Kellogg Bivd. Saint Paul, NIN 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 notica of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take tesrimony from all interested persons. At the end of this hearing the Legislarive Hearing Oflicer wi11 make a recommendation to the City Council as to whether the license should be approved with condirions, or referred to an admiuistrative law judge for further review. The City Council will have the final authority to grant or deny this license. If you have any questions regarding the license application, piease contact Corinne Asuncion, Project Facilitator at (651) 266-9106 or me at (651) 266-9108. Sincerely, Christine A. Rozek Deputy Duector 266-9108 ' /' �� AA-ADA-EEO Employer OFFiCE OF ISCENSE, INSPECTfONS AND ENVIl20NMENTAI. PROTECTION Janeen E. Rasas, D'uector CITY OF SAINT PAUL Rmmdy C. Kelly, Mayor March 27, 2003 Chanh K. Yang, Owner Super Convenient Store 922 Thomas Ave. St. Paul, MN 55104 LOlYRYPROFESSIONALBUILDING Telephone: 657-26�9090 350 St. Petes Stree; Suite 300 Fusimilc 657-266-9124 SaintPaui,Mmnesota55t02-I510 Web: www.cistpaul.mn.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 which has been made in connection with youz license application have been completed. Proper notification has been sent to the community organization and residents of the neighborhood in which you intend to operate giving them until May 2. 2003 to voice any objecrions to your license application. Ifno objecfions aze received, your license will be issued approxixnately one week past the date given above. If objections are received, a hearing wiil be scheduled before a legislative hearing officer. You will receive norice of the time, place and date of the scheduled hearing from Marcia Moermond, the Legislative Hearing Officer. At that hearing, the hearing officer wiil take testimony from all interested persons and will make a recommendaiion to the City Council as to whether the license(s) should be approved or be referred to an administrative law judge for furttter review. The City Councii will haue the final authority to grant or deny this license application. If you have any questions, please contact Christine Rozek, (651) 266-9108. � ry truly yoius t�+�e�'� / � , � ' � Cluistine A. Rozek Deputy Director CAR/jl ■ � Malt Off-Sale License Appl_ication AA-ADA-EEO EmployF C n en n StE hanhC ty g E bhallopSr _ . �- c�- G� � 1�� G ri'� L 1 J I, R 1 V � � r l H N N S H V L N L L b J 1 .� 9 8 5�( L /� C�unci� �esrarc?� venter � District 7 Planning Councl3 N.bz ^- �/ {�PR 2� 2QQ3 689_Nurtl�DuleSfrerl SuintPaui,M7nnesom 55103•1b46 £�Q� �= p��}� 657/_95-5069 (a�ice) 651/298-507? (fut) di�9ric17("it)ix/cgruonline.cum (e-umit) i License Review �a�ua� �;va�asa�j ��"�°�d� ; I � � - '� �.:�.;�:. �1 1'roL� rt ..;-`�...~.___._ _= _ 422 Tfi�omas Ave p Super Convenient Siore Applic�tion for Malt Off Sate License MeetuieDxte. Apri122, 2003 Meedng Locatioa: 739 LafQud Ave. Total # in Attendence: 14 , (A list oun be provldad upon raqud9t) # of raaido�te artd 6uainosel prD�c+rty � attendance lpcaigd, �n Ijlstiict'��. 14 Applicaat F'reseatl-�: Na ' CODS Tl�ere are already several stores thats alcuhol in the immediatc ncighborlto� i.c: 8illy's Victorian Bar is onc blocl the East, WiUard's Liquors is three bl to the East, Super Amcrica is 4 block thc South, and Minnchaha Liquors is blacks to the North. There is a sober house, opu t�y N Citics lnc., ncxt door at 914 Thomas. COns ----.._.�___-_ _._-------- - Concemed about alcohol being s�id e block away lrom Wildcr Foundation dnyc�rc cc�iter. - The stare is sunounded un al1 sides b residcntiul housing. Thcrc arc young children constantly pluying around th store. -"It should be no surprise tc� anyonc d�� Frogtuwn has its fair sharc of liquor stores." • Yriqr n U�c mretinu wll propertlec wltfiin 3501t. of the property In qucstioo wcre Informcd uf tlic Issue. + l he n pucnnt wax noriGaa of the commnnity meetlnQ immedfatey� atter Ulstrict 7 recclved e copy o( tLc appllcn[!on }'ron the Clry. ** A111i ic+i rosponaus wuro given by Intllvidunla ltving, worktng or owninQproperty in tfic buundnries uf llistrict 7 Ylonnin CamcU. �i c;o»seris�s�oi� �'��.' : �,.� � z . ...- :' � W4ul�',you��ppozt the iesuD�ce q�t�is �icezise7,' r , ; ,;': , . ..s; • r �,,�1i &;tippoik/�13 Oppose�l l Abs�ent�'�n;.,.�'; :�. .:,-;! Distiict 7' Planning `Coancii recommends're ec�i�on of'the p'rop`i Ifully suhmi�ted by: Taif A. DaNelson Lead Community Organizer District 7 Planning Ccuncil i � r a ,�;�; = "' .; ;�;,t ., ;.:;,;,�: d'l3ceiie � . U/-�-K4'� � � Malt Off-Sale License Application — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 6 � to w MODEL CITIES COMMUNiTY DEVELOPMENT CORPORATION Marcia Moermond Legislarive Hearing Officer 310 City HaII 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: Issuance of Malt Off Sale License To: Marcia Moermond. I am writing this letter to officially express our objecrion 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 rehabilitated properiy at 914 Thomas for our Famities First Supportive Housing. Our supportive housing provides permanent supportive services and housing for homeless single-head of household families who are in recovery from drugs and alcohol. Our objecfive 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 Cities believes the availability of alcohol at 922 Thomas Avenue will seriously hinder thts objective and will create a barrier far many of these families who aze in recovery. For many persons in recovery, abstinence and relapse prevenrion is a life-long process. The US Depazhnent of Health and Human Services reports "approximately one third achieve permanent absfinence from their first serious attempt at recovery. Another third have a period of brief relapse episodes but eventually achieve long-term abstinence. An addifional one third have chronic relapses that result in eventual death from chemical addicrion". 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 you hav� any fiuther questions please contact me at 651-632-8344 or bcarro(I[a�modelcities ora. S � ly �ti�iG� � Brooke Cazroll Modei Cities Director of Housing Services COUTiCfI R8��3fCi1 C@t1fGf ' " 1 i {t 1 Cc: Beveriey Oliver Hawkins • �f '-�°��---°-°°°�°��°�� 849 UNIVERSITV AVE. SUITE 104 � ST. PAUL. Mt7 55104 � PH(651) 6�2-8350 � FX (651) 209-6053t � � Malt Off-Sale License Application — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 7 . N � May Z, 2003 Mazcia Moermond Legisiative Hearmg dfficer 31fl City Hall 15 West Kellogg Blvd St Paul 1�RN 55102 I oppose ganting a matt off-sale license at the location of 922 Thomas Avenue. Council Research Center f -,� ;� r �£:�: � j This is a small convenience store with a fairly large amount of children's traffic. The store's windows ace atready cov- ered with cigarette ads. I fear the display of beer ads will only add further in tazgeting youth as consumers of both these products. The Council should considea the e�ma polirine (and taY dollazs) required to make sure minors do not purchase this alco- hol.._ this on a comer thai is atready rife with traffic and debris from the store. On a personal level, I am a recovering aicoholic located hatf a block away. My front door and south windows look di- rectly on tbis establishment. I do not care to see beet ads everylime I walk out t}ie door or look out my window. In discussing this with my AA grc»up, thay, too, agrced tbat udsuat rau�a�dets of atcohol on an everyday basis - no matter how stroug their prograui - is iadeed hardly conducive m the "serenity" we seek. The Council shouid atso consider the welfaze of the youth that live at and attend the chemical dependency program of the Wilder Center located just 1.5 blocks away from the store. Many of them patronize this store. The avaelability of beer and attendant advertising put these youth at risk az a most valnerable time in theu tives. Finally, there are more thaa enough establishments withia a i-2 miie radius of the store that sell mait off-sale. Among them: Laalion ofDak � Thomas, Ges Station and spcedy market Laation of Sup�America tocated at Univemry and O�d'ord Locatiw of Tobias ConveniencelGasoline Stoie at Minnefiaha and MiIWn (ust 3 biocks away) Laxaon ofMimesota Liqu`x Stom �ust 3 btocks away) at MinnehahalM�lton Mall Location of SuperAmerica located at Lexington and Front Locatioa of SutxrrAmerica located at Lexingtoa and I-94 Locari� of Olsoa's Liqmn Srore, I7nivasiry neffi Dale This list is not all-inclusive. I ask that the City Councii weigh the advantages this license would give to the store versus what it would do to the youtlt in our neighborhood, recovering alcoholics such as mysel� and to the proliferation of more "beer stores" here in Frog- town. I ask that my name and address be withheld unless necessary as I do not want any repercussions in stating my opinions here. Sincerely in Wright 614 North Mi St Paul MN 55104 Phone 651-293-4086 ■ Malt Off-Sale License Application — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 8 � � � � i1,2� Marcia Moermond, My r�ame is Ne!!ie Suess and I Gve at 920 Lafond Avenue. I am writing to you on behaif of the letter I received in the mail conceming 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 o�r neighborhood. Already, we have litter a[ong 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 ail the time. In a day there is about 20 u-turns pertormed in front of the store. In addition, I think with the sale 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 continuously working on improving our neighborhood and I feel that this would set us back. Thank you, N Ilie and Tim�Suess �V � ��. t,� � 920 Lafond Avenue St. Paul, MN 55$104 651-644-3950 Council F3esearch Center APR i � 2I1�3 � �� a , Council Resea«h Cer�ter Ae� a � �a�� '� � /J 3 ) . ,� ,_--- - �F �� u�b�' �� eG�2{,�u�,aJ/ ° . � . _�.� _ � �� G < �"-� ;S nt�' G�. �,`� i`n �-�, v�l.�� Z� .-�s� � �� s�� j,� �� x� a.�.�;�. � Q.�:-�� r`I ��L `�� .cT.(tild�i. `�-e � �/ ,��C��'mti. --__-- " s � l� �..ucr�=�-e- � �i a-�.. �� 1,� �r1� �� .� , 'n, � . , (�' �J ,( p� {� J �it� � < �'.(��/'P� /� C!/1� 7Lf1 � `� •�-�/ G.�.� ��;�a� �`n � ��,v`��,� � �� ,. �.�.e�� , � � P �,�., � cv ��.��" p��- ��-�Q � .�..��ee7 � 1 ' G��-e, ,�=e� r�n. �.�, 4u,�Q.�,Q� �� a� � G�, � , � % lS'7/(/(/ �VV � ��v � �U � � G�� +�� s < � �� (�y iJ , A / �� jF9�E�/� � C��" RECEIVE� 1� L � APR � 2Q03 � � �11 Q� �'� � P� ��'sy--��-9�� Y Harold J. Miller 512 Blair Avenue Saint Paul Minnesota 5�103-1637 Friday, March 28, 2003 Marcia Moermond Legislative Hearing Officer 310 City Hall 15 Kellogg Bivd. Saint Paul, Minnesota 55102 Councii Research Genter APR � 1 2�03 � , ,°->�;. , �.� - -�-, .;r- � =.=�- - � - - ��..,y. __._ . � _... ..� Dear Marcia, This is in response to an application for a malt off sale License at 922 Thomas Avenue here in the edges of Frogtown. For over 15 years we ha�e fought drug traffic in this area and watch for any type of business action that makes a place where these peaple may collect or congregate. I've worked with the attorney from Speedymart at Thomas and Dale to not have them sell cigarette papers or single cigars used as`Blunts" by users. The introduction at this time of a Malt off sale place just af�er "Operation Sunrise" would, I believe, just start another place to hangout and establish "turf', for the nea�t round of dealers. I do not think the petition is wrong, it just is not the right time. Please do not make a new problem place for us until we get a better handle on ongoing drug dealing. Thank you for any consideration in this matter. , Respectfully, �� . " '� �1 �`��'� , � .�� C�L`�"�t�i>° 1..'�; � l�; ,�6 %$ �. �L�'�i:; x;- ,. CITY OF SAINT PAtiL OFFICE OF THE CITY COUNCIL NOTICE OF LEGISLATIVE HEARIlVG 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 Ma1t Off Sale License at 922 Thomas Avenue. You aze invited to attend and participate in a hearing before the Legislative Hearing Officer regarding these objectiors. The Legislative Hearing will be held on: DATE: TIME: PLACE: Tuesday, May 2Q 2003 11:40 a.m. Saint Paul CiTy HalllRamsey County Courthouse Tturd Floor, Room #330, Committee Hearing Room 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 At ttus hearing, the Legislauve Hearing Officer will take testimony from all interested people. At the end of this hearing, she will make a recommendation as to whether the license should be approved, approved with conditions, or referred to an Aduiinis�ative Law Judge. The City Council will have the fmal authority 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 IJNI"I`ED Complainants Virginia Palmer, City Attorney's Office LIEP Staff Notice Mailed: 5/7/2003 � Malt Off-Sale License Appli�cation — Submitted By Chanh Yang dlb/a Super ° Convenient Store City's Exh. No. 9 CITY HALL THIRD FLOOR 15 WEST KELLOGG BOtiLEVARD SAINT PAUL, MINNESOTA 55102-1615 ,�. - AA-ADA-EEO Employer OFFICE OF LICINSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeoe E. Rosas, Director 5a�v�: Y`Cti i � � { � I�� I CTTY OF SAINT PAUL Randy G KeZly, Mayor :� �� L�__@o LICENSE APPLICAITON SUMMARY Date: Tuesday, May 20, 2003 at 11:00 AM Licenseinformation: 20010004257 Super Convenient Store located at 922 Thomas Avenue Chanh K Yang, Owner Application for Malt Off Sale License License Conditions: License Requirements: Cunent 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. �� 5�— .� I e.,�.�� . LOWRY PROFESSIONAL BUII.DING 350 SC Peta Street, Suite 300 Saint PauZ Minnuota 55102-I570 TeleQhane: 65]-266-9090 FaQimi7e: 651-266-9124 Web: wx+w.liep.us , � � C,�L, a��n�..�— c��no,.��" �M�-�a--�� — 3 . �, s� Y�,�,� 4�. `ocl��cQ. � �� .�-� � � � � Malt Off-Sale License Appl_ication nn - nnn- EEO Emp1�— Submitted By Chanh Yang d/b/a Super Convenient Store City's Exh. No. 10 � .r� � � � � � � � � �J LJ�_ G � d ❑ ❑ � �l��J ❑ ❑ � r�xleu''x' ` � ��7❑�Cl000OC /---� � � ( t ' �' 1 � �� '�� NY r•� �NnYr a � ��1��0��,�� C � � r �ao �� a��ooa � ? ls ��LJLJ�L�',' L r � =J��°�`�` 6�� 1�� rx. ,r .s-x '.r l J��LJI� I�l J� � � ,Z :'s " ' uoue x a=�aao:.�o��oc �f�#��u��,�J��.�e � ��1��Q� NO111N N ^ ` �p�� 1�1 aaoaao�,��o� 0000aoo�aoE �n�nnnnnnnnn� � � .�. s� � A . � �� P � ~ �� • k� � O � � ./A � Covncil File # ��Y RESOLUTION CITY OF��SAINT PAUL, IVJINNESOTA Presented Referred To Green Sheet # 300050I �g Committee Date WHEREAS, the I.egislative Hearing Officer recommends that license appiication (ID # 20010004257) for a Mait Off Sale License (add on to cturent licenses) by Chanh K. Yang, Owner, doing business as Super Convenient Store, 922 Thomas Avenue, be approved with the following conditions: l. License holder will maintain in good working order video surveillance cameras on the interior and exterior of the building to constantly monitor tl�e 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 loiYering is not aliowed. 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 witlun a one (1) block perimeter of the licensed establishment. 4. Obtain age verification equipment by July 1, 2003. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paui hereby approves this license application with the recommended conditions. f , Yeas Navs Absent Benanav Blakey Bostrom Coleman Hazris Lantry Reiter Adopted by Council: Date Adoption Certified by Co3antil Secretary By: , Approved by Mayor: Date , ' Requested by Department of: � Form Approved by City Attorney By: Approved by Mayor for Submission to Council � � � Malt Off-Sale License Application -- Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 12 `��•. Green SfieeE Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet `;;� � Department/o�ce/councii: Date initiated• Oz -S a8' �o �o�n�;� 2,-�Y-03 � Green ��e�t R{O: 3�43�5Q1 ConWct Person 8 Phone: Marcia Moermond 266-8560 Agenda by (Date): � Assiga tlumber For Routing Order Deoartment SentTo Person 0 uncl 1 ICouncil DeoartmentD' ct 2 A rn 3 ia or•s O�ce b1a or/ ssistant 4 auncil Total # of Signature Pages _(Clip All Locations for Signature) AcBon Requested: Approving application with conditions for a Mak Off Sale License by Chanh K. Yang Owne , dba Super Convenient Store, 922 Thomas Avenue. �dations: Approve (A) or R Ptanning Commission CIB Committee Civil Service Commission (R)_ 1. Has this perso�rm ever worked under a contract for this departmentT Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee7 Yes No Euplain aif yes answers on separete sheet and attaeh to green sheet lnitiating Problem, lssues, Opportunity (Who, Wha[, Wben, Where, YYhy): Advantaqesl{Approved: the Foliowing Questions: Ressarch Center MA1" 2 t 2003 DisadvanGpeslfApproved: Disadvanfages if Not Approved• Transaction: Fundinq Source: Cost7Revenve Budge�d; Activity Number. Financiallnformation: (Explaini � MINLJTES OF THE LEGISLATIVE HEARING SUPER CONVElVIENT STORE - 922 Thomas Avenue Tuesday, May 20, 2003 Room 330 Ciry HaillCourthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:00 am. C��-�Z� ��_ STAFF PRESENT: Kristine Schweinler, License, Inspections, Environmental Protecfion (LIEP) Mazcia Moermond explained that this is an informal legislative 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 appiication. She can make one of the following recommendations: 1) grant the license applicaflon, 2) grant the license applicafion with conditions, and fhese condifions have to accepted by the license applicant, 3) refer tius to an Administrative 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 people 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 concems about ' increased congestion of traffic in the neighborhood, congregation of people drinking and causing a nuisance, and this license being in the middie of a residential azea. Some letters mentioned ho�v many children were in the area and there was a daycaze 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 placed conditions on the license. Ms. Moermond stated The applicant is appiying for an MaIY Off Sale License, wtuch 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, and 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 Mait Off Sale 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 Application — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 13 o� �2� , LEGISLATIVE HEARING MINUTES - SUPER CONVEIVIENT STORE Page 2 , culture 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. It tells plainiy that they are applying for a license to self alcohol beverages in the store and for people 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 agree with the decision to sell alcohol, 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. Schweinier 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 Plaiming Council. Tait Danielson, District 7 Planning Council, 689 Dale Street North, appeazed and stated they had a meeting on Apri122 with 14 people present. Thirteen people were opposed to the license application and one person abstained. Outside of trash and chiidren issues, are the number of estabtishments in the area that serve alcohol and beer. Mr. Danielson made a map which shows the different places a person could receive beer and aicokol. Some aze bazs and he has mazked the ones that aze off sale liquar stores and convenience stores. The orange dots show the places that serve alcohol. The ones with a dot in the middle are SuperAmerica Stores, a liquor store, or a speedy mazket. The lazge blue dot is Super Convenient Stare. 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 opportunities in the City to get 3.2 beer or another type of alsohol. The owner mentioned the Hmong Funeral Home and its needs, but from District 7's standpoint, there is an overconsumpiion of alcohol at the Hxnong 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 Administrative Law Judge. He does not think they could agree with any conditions. Brooke Carroll, Model Cities, 839 University Avenue, appeazed and stated Model Cities is the owner of two properties: 914 Thomas Avenue, direcdy across the street from Super Convenient Store, and 515 Dale Street North, which is close to the funeral home. Both of those houses aze permanent supportive housing for homeless families who are in recovery from dmgs and alcohol. Model Cities believes the issuance of this license woutd not be a positive community impact, particulazly for the peopie they aze servicing who aze in recovery. To be able to waik across the street to purchase alcohol and beer wouYd not be positive. A loi of the residents aze going to use that store because of the lack of transportation and the convenient location. Model Cities also supports the other letters that indicate litter, children issues, and the availability azound 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, Modei Cifies, 839 University Avenue, appeazed and stated they have a variety 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 protecfion 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 informally 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 parking issue studies as To whether or not peopie will come to that location for one particular item. Usually, it is to pick up last minute things like bread and milk. People usualiy 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 ihat area already. Ms. Moermond responded she will take a recess to check with the City Attorney's Office in regard to this issue. (A recess was taken from 11:26 to 1134 a.m.) Ms. Moermond asked about potential conditions for the license appiication. Ms. Schweinler stated conditions that have been placed on other convenience stores aze 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 azound the neighborhood, 5) work with the biock ciubs and the community council to verify any complaints, 6) times of day that the malt can be sold. Ms. Moermond stated she checked with a few people in the City Attorney's O�ce, and their sense is that the City Councii 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 currently. Mr. Yang �� S�s LEGISLATNE HEARING MINUTES - 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. Moerxnond asked about the history of adverse action for cigazette licenses_ Ms. Schweinler responded she does not have that information. As far as she knows, the owner Bas not failed a compliance check. Mr. Yang responded that sometimes people will lie to him and show improper identification. Ms. Schweinler stated there is age-identifyiug equipment. The identification is swiped, and then it will ailow the store to sale an item thax is age appropriate. That technalogy can be obtained through the grocer's association. Ms. Moermond asked is he familiaz with the grocer's associafion. 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. Moerxnond asked if he does trash pickup within a certain perimeter. 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 aze an integral part of the neighborhood. Mr. Danielson may not have known 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 Ietters 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, ihere would 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 positioa to sell malt to patrons of the Hmong Funeral Home. Just looking at the map, there aze two places that are closer, and she is only looking at places west of Dale Street. There are addifional places east of Da1e. Ms. Moermond will recommend to the City Council that the license be granted with conditions. She asked does the camera cover the area involving 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 8:30 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. ... ��5� LEGISLATIVE F3EARING MINUTES - SUPER CONVENIENT STORE Page 5 If people wouId like it discussed further, they can call Councilmember Jerry Blakey'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 fali outside of the current hours of operation, which are 8:00 a.m. to 8:00 p.m. and 8:30 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 applicarion with the condirions listed below. These conditions were later signed by the appiicant. 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 availabie 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 l, 2003. T11e heazing was adjourned at 11:54 a.m. � 5 1F"+�4� �:r i.. n,,»: 11:51 RFI ST PRUL P D FORCE UNIT \ Search: Atldress � Oaeyr Dete d TL w� �107 f75/28/200319.76 D301305 OS1N/20p377:48 030 79 p5H0/200312:06 03 D OSi10/2003 72;p8 0308 573 04/29/200315:11 0307 769 pqI23/Zpp316�18 0306 71 O4l13/2p0313:30 030B SB 04�10l2003 tg:48 D306 703 04/70/200317;Q9 0305 9A7 Wl30/200310:41 030 579 03/13l2003 23;p9 0301 201 -- _03/%/2003 11t27 u�u�' t 3e 07J2y2003 13'S6 ��Z � 0 2M3/200318:03 0301 84 01/31/20032328 - -- _i -- 0300:i� 03003P05 1 azzs� ita 0218i ozne 01/27l2003 23:15 Oil222003 21 �52 O1I132003 07:40 01l07/2003 17:14 01/06/2003 23:Ot Ot i08/2003 22:34 O1 /OB/2009 11.27 07106/2003 08;08 1?J2@I2002 72:47 , y2enoo2 zo;� o �?/081ZOD2 77:32 1?lOSrz002 13:44 1?!02/2002 2i.19 11 /252002 19:08 11l24/2002 20:74 17 f15/2002 78'30 11l03/ZD02 14:57 t OQ6/200219: t 3 t Or20@002 t 2:41 09QOrlpp2 22:31 09/Q7/2002 22:02 08/t5r2002 75Q8 2923591 SPPD SITS Address/lntersection Report �� 922 THOMAS AV, ( ector: 1 Grld: 87) Dtspositlon � pptq P_02 INV ESTIGATE•ANDALLOTHER A�V f �,� INVESTIGATEANDALLOTHER CAN � � INVESTI6ATE-ANO ALL OTHER GOA � INVESTIGATE•ANDALLOTHER DUP ///�� INVEST�GqTE-ANDALLOTHER A�V ` / _ � iNVESTIGATE-qNDALIOTHER GOA � INVESTIGATE•ANDALLOTHER OOA INVESTIGR7E-qNOALL OTHER GOA � INVESTiGATE•ANDqLLOTNER GOA . INVESTIOqTE-ANOALLOTHER CAN ALARMS RCV D nDV - BOVS,OIRIS.PERSONS . ___ . .- -_-" - - '- , --' ' - - . -- ' - -... , INVE SNR INVESTIGATE•AN�ALLOTHER ADV �ISTURBANCE-DISOR�ERLY ADV --- BOVS.0IRLS,PER50NS -- -- --- ----- -.._._ .-.- -_-.- .-.-_.------ INVESTfGATE-AN� ALL OTHER ADV INVESTIOATE•AND ALL OTH6R GOA PREVIOUS CN PCN PREVIOUS CN PCN BURGLARY-NOfORCED RCV - ENTRY,NIGHT,COMMERCIAL -- -- .._.______,.,_. _. ALARMS RCV --� --- •—' -' CRIMINAIDAMAGETO RPT - . � :. , ., � --... -'-" -.-- �-'--�---- BURGLARYFORCEDENTRY, RCV NIaNT, COMMERCIAL ' INVESTIOATE-ANDALLOTHER SNR AUTO THEFT UNF � iNVESTIGATE-AND ALL OTHER CAN INVESTIGATE-ANDALLOTHER ADV INVESTIOATE-ANDALLOTHER GOq tNtIES ADV INVESTIGATE-AN6ALLpTHER GOA INVESTtGATE-ANDALLO7HER 3NR INVESTIOATE-AND aLl OTNER CAN INVESTIGATE•AND AlL O CAN INVESTIOATE-AND ALL OTHER ADV . INVESTIGATE•ANDqLIOTNER GOA INVESTIGATE-AND ALL OTHER SNR � � DISTURBANCE-DISORDERLY qpy Malt Off-Sale License Appl�ication eors,cie�s,veRSONS __ — Submitted By Chanh Yang d/b/a Super — – Convenient Stare City's Exh. No. 14 �equested by: (38240p) � Pr(nted at:06/Q3l2003 17:56:48 JUN 11:52 RM ST PRUL P D FORCE UNIT 2923591 SPPD SI78 Addre�s/intersectlan Report Addre9�s Search; Address equals 922 THOMqS AV, (Sector: 1 Grld; 8� OB/15/2p02 1523 INVESTiGATE-ANO ALL OTHER CAM �8/092W216:49 DISTURBANCE-DISORDERLY GOA ' - -- - �- 80 YS,GIRtS,PERSONS _ _ _ _ OB/�12002R7:39 1 NVESTIGATE-ANOqLIOTHER GOA ��/�0l2�02 �223 INVESTIGATE-nND ALL OTHER ADV 07/3A'200208:37 WEqPONS•WEAPONS ADV 07/28i20p21q;�p IN AOV 07/24/2002 10:14 INVESTICiATE-AND ALL OTHER CAN ��l2�200218:48 INVESTIGATE-ANDAILOTHER CaN �7/19/200220:t9 INVESTIGATE•AN�qLL07NER SNR �7/�8/2�220.37 INVESTIOqTE-ANDALLOTHER DUP 07/1&20D22029 INVESTIGATE-ANDALLOTHER BNR 07/14/20�2 t7:08 INVE571GATE-AND ALL OTHER CAN 07/�4/2�0218;00 VANDALISM-AGG CRIMINAL RCV "- - - - - --- -- - DAMqpE,FELONY OVER S3D0 �- __._ 07/03/200216:12 INVESTIGATE•ANDALIOTMER CAN 07�02/200212:27 INVESTIGqTE-AND ALL OTHER SNR OBI?9200213:18 INVESTt CAN 08/25/200218:71 INVE CAN 06/03200218;04 INVESTIOqTE•ANDALlOTHER UNf 08/0?l200208:d2 INVESTIGATE•ANOALLOTHER GOA 08f01l2002t1;48 INVESTIGATE-aNDALLOTNER SNR OSl37/20021g;�7 INVESTIOATE-ANDpLLOTHER CAN OS/3��200277:43 INVESTIGqTE•ANDALLOTHER CAN 05J28/200219:40 INVESTIOATE-ANDALLOTHER GOA DS/tB/2002 }0;42 7HEFT ALL OTHER,UNDER $50 RCV 05�7 0/2002 1 7'12 THEFT-BICYCLE,SSOT0S200 RCV 04/26/200215:28 lNVEST SNR 04/28/200208:44 THEFTEXCEPTAUTOTHEFT ADV 0412M20pR 15:06 THEFT EXCEPTAUTO THEFT ADV �4/23200217:49 DISTUR& ADV -" ' - °- �--80YS GIRLS pERSONS 02077 4 04 /21 1 200218;52 ALARMS � - . . ..-- RCV 0202951 D?J17I200215:32 THEFT•A�LOTNER,UNDERS50 RCV in�273e O1JQ92Q02o9:04 THEFTEXCEPTAUTOTHEFT GOA 0200955 01/14l200218:48 INVE GOA 02 � » 01/05200213.09 DOMESTIC9 AOV 020p 71 01/01/200y p;p6 FRAUO-COUNTERFEIT � - '-"'- --�- -- - OURRENCY,ALTERED RCV_ " CURRENCY '- �� , ��8 2 12/17/7007 08:17 OOMESTICS Gf259 1 typq/Zpp� �g;q3 iNVESTIOATE-qNDALLOTHER CAN �� g 11@3/2001 t7:yg INVESTIOATE-AN�ALLOTHER CAN 012521�p0 11/23J20Q115:51 INVE CAN ��c�P � INVESTIGa_ TE•ANDALLOTHER AOV I - - Informatio�t raquested by: (382400) E P.O� 2 Printed a1:08/03/2003 11:5E:48 JUN 11:Se qM ST PqUL P p FORGE UNIT 2920591 � SPPD S17S , Addrass/Ir�EerseCtion Report Addrsss Search: Address equais 822 THOMAS AV 012Q7300 012� �12 782 012Q�1331 0T73S742 _J 0118 157 otta Q1a 01t 134 Ott 004 0119 B73 0118 Oit5y539 D11a 265 0114�355 00222�5 00217�90 00208 11 D079 9 ]O7 00 00783 22 00173 32 00769 3 00189�9 oo� ee��e t�184(40 0075� I U0131 27 007� 18 � RAFFIC VIOLATI6N-0THER TRf --- -^.-.---- - • — PpRKtNGVIOLATIONS ---._w._..._._ 11N&2pp5 73:75 i 1l� 4/2007 15:18 09l23r2001 1523 o9;�enao� �s:a2 osrTSrzoo� oe:aa 09l0V2001 17:57 O8/28l2001 22:02 OB/28/2D07 l8:7Q oa��a�zao� ts.zz 08/OB/2007 1823 OBi02/20p1 21;58 07126/2001 '17:98 07/19l20q1 7 q:50 mnanooi �e:so (Sector. 1 Grld: 8� INVESTIGATE-AfVDALLOTHER CAN INVESTIGATE•AND ALL OTHER CAN INVESTIGATE-qN0 ALL OTHER CAN INVE9TlGATE-ANO ALL OTHER CAN VANOALISM-CRIMlNAI. RCV — �OAM1AAGE TO PR6PERTY .__ ,_ .._ ,_ AUTO 7NEfT ADV DOMESTICS ADV tNVESTiGA OOA INVESTIGATE-AND ALL OTHER ADV INVESTIOATE-qND AlL OTHER GOA �NVESTIOATE-AND ALL OTHER GOA IMVES UNF ALARM6 AOV FAMIlY/CHILOREN- �qN -- MENTAWULNERABLEADULT -�--- —_�.. _._ 08I28/2007 p�;02 INVESTIGATE-ANDALLOTHER GOA �6/18I200177:09 INVESTIGATEJUVENILE GOA OBl17J20011g;52 AtARMS UNF 05124I2001 00:50 INVESTIGATE-AND ALL OTHER DIJP 04 r20/200108'48 T 04f01/20011g:08 INVESTIGqTE-ANQALLOTHER SNR Ot/29/20Q1 17:53 INVESTIGATE-ANO AlL QTHER CAN 01121 /2001 1 6:32 DlSTURBANCE-FIOHTS GOA t2l03/200p 13:35 tNVES7fGATE-AND ALL OTHER GOA 17/03I20oo t2:a7 INVESTiGATE•AND ALL OTMER SNR � ��8�2000 17:05 INVESTIGATE-AND ALL OTHER CAN »��212�0018:19 INVESTIGATE-AND ALL OTH£R CAN �0/3W2D0018:49 7 NVESTIOA 7 E-ANDALLOTHER CAN 10i23/200098:49 INVES71GqTE-ANO ALL OTHER RCV 10 /71J200022:33 AIARMS RCV 09/791200019:43 INVESTIGATE-AND AlL OTHER SNR 08/17/200015:OD INVESTIGATE-ANDALLOTNER CAN 09/10/2D0017:52 tNVESTI0A7E•AND AL,� OTHER UNF 08/2B/2000t735 INVESTIOATE-ANDALLOTHER ADV 08Y24/200011;08 ASS•ASSIST FIRE/AMBULANCE ADV 08I23/20W 13:39 lNVESTIGA7E,AND ALt OTHER ADV 08/22r20001C;5g I NVESTIOATE-ANpqLIOTHER AOV OB/78/2000 08�22 INVESTtOATE-AND AlL OTHER GOA OB/12/200011:1q DOMESTICS DUP 07/08/2W00941 ASSASS P , O 4 - 15T CITIZEN CALLS, ADV -- —'— --- �— — ALl -.— —' 07/071200018:38 I NVE 9 TIGATE-ANOALLOTHER GOA � Informallo�rf requas2ed try: (382400) 3 Printed at:08/03/20D3 11:56:49 J.VN 11=5o PM ST PqUL P D FORCE UNIT 2923591 � 1 SPPD SITS , AddressMtersection Report Addresls Search; qddress equais 922 TNQMAS AV, (Seetor. 1 Grid: 8� 001�3g99 OBI28r1ppp 22:55 DOMESTICS 40A �»� OB126f2000 ig:53 PREVIOUS CN PCN �� 8l28l2Q0008:29 BURGLARYFORCEDENTRV, RCV —.. �— -- — — — �— -NIGHT. COMMERCIAL - — �� O6/16/200019:41 I NVESTIGATE-ANDAtLOTHER CA+1 ' OOQ0�865 05lOB/QOpp 74:12 ASS-ASSIST CITIZEN CALLS, AOV -- - - - - -- —�—� --- - ALi _ �� OS/01/20000T.21 AIARMS RCV � � 04/0112W0 t8:11 INVESTIGATE•AND ALL OTHFR GOA 0005 s98 63/3�l2pppi�;DB DISTURBANCE•SUSPICIOUS SNR ..- ... "'- • -- --- .—PERSON. CAR, ACT1ViTY �4t�937 a�2oMOOO�t�ss VANDAUSM-CRIMINAC RCV ' OAMAGETO PROPERTY 0002 03 02/17t2000 ig3g PREVIOUS CN PCN �� 2� 02�06l2a0026;37 tNVESTIOATE•ANDALLOTHER GOA 000t 892 01l30/20�022�51 ALARMS RCV �000�41B 01/08I200019;00 ROBBERY-CONVENiENCE RCV � `'� ` — - - ��'—"-- — — STORE,KNIFE,CUTTING - � ._�. _._. � � tN8TRt1MENT � � A informetio reQuested b t3s2aoo� a P.05 P�inted at:06l03/2003 11:56:49 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Janeen E. Rosas, O1reUOr WebSneAtltlress: wxw.a.slpaui.mn.uslOep CITY OF SAINT PAUL Randy C. Kelly, Mayor LOWRYPROFESSIONALBUILDING Telea�rone:l65f)2669090 Smte3oo Facsimrle: (65f)266-9o99 350 St. Peter Street (651) 2669124 Saint Pau( Minnesota 55102-15f0 I agree to the following conditions being placed'on the following license(s): License #: 2�010004257 Type of Business: Alarm Permif (New) Cigarette(fobacco 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 THOMAS 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 building to constantly monitor the premises. Tapes must be maintained for 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 (usuaily 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 Date � �� Malt Off-Sale I,icense Ap plication — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 15 a� F � GSTY � � m O t y a ua9Y�@1dn b d IIfl$ �I II a h �� 285 � ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 4, 2003 - 3:30 p.m. PUBLIC HEARINGS - 5:30 p.m. CITY COLTNCIL 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 ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE WILL BE NO SEP,4RATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS 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 Summons and Complaint in the matter of Muhannah Kakish vs. the City of Saint Paul, et al. Referred to the City Attorney's Office Notice of Hearing on Petition and Notice of Motion and Motion for an Order Transferring Title and Possession of Property, Petition and Motion for an Order Authorizing Transfer of Title 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 LicensP Appl�ication — Submitted By Chanh Yang dJb/a 3nper Canvenient Store Cit3�'s Exh. No. 16 June 4, 2003, City Council Action Minutes Page 2 4. Communication from the Minnesota Pollution Controi Agency dated May 19, 2003, notifying the City of Saint Paul of the change in control of the Saint Paul Transfer Station Facility, SW-593. Alllocai jurisdictions have the right to request a public meeting within 30 days of the date of this letter. 5. Communication from the Metropolitan Council dated May 23, 2003, notifying interested parties that 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 application of Stacy Einck, Andersen Corporation, for a sound level variance on Hamet Island (concert area) on July 19, 2003, for an outdoor concert and fireworks between the hours of 7:00 p.m. to 1030 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. Resolution - 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 Mayor Kelly, of Matthew Bowe and Thomas Moran and the reappoinhnents of Tom Azzone, David Baker, Bill 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 reappointments 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 Minutes 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. Resolution - 03-523 - Authorizing payment of $37,500.00 to Arkay Construcrion Company in fizll 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 - Transfemng funds from Councit 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 accepring 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 thera 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 melro 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 ptayground 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 EFFBCTIVE AFTER PASSAGE BY THE COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT P,4 UL LEGfiL 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 deshuction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or spayed. (Substitute introduced on May 28) Adopted Yeas - 7 Nays - 0 Councitmember 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 il 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 regulating land use and official controls in the azea 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 substitute) 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 Acfion 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 conshuction of a housing development on the abutting Lowertown Bluffs property 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 utility easement to Xcel Energy-Gas to instali 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 April 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 (J0301VV) 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 property located 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 Larpenteur 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 (properiy 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 for 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 petitioner. (Resolution 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 Jatce 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 permanent easement for right of way purposes and a temporary construcrion 47 easement to improve Fillmore Avenue from Wabasha Street to Livingston Avenue. (File No. AE2002-10) Laid over to June 18 Yeas - 7 Nays - 0 Final Order - 03-545 - In the matter of the consttuction of a water main and service connecrions 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 Hadley 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) ,. 50 Final Order - 03-547 - In the matter of the construction of a rivin 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 StreetlMinnehaha 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 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 planring, conshuction 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 conshuction 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 Lighring project. (File No. 18983 C) 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 53 Page 10 constructing a new bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and ourivalks boulevard sodding, tree planting, conshuction of a lantern style lighting system. (File No. 18990) Adopted Yeas - 7 Nays - 0 Final Order - 03-551 - In the matter of the construction of sidewalk repair and/or the repair of sanitaiy 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. Pubiic 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 Protecrion'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 applicarion 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 hard work on behalf of our extended community and wishing him all the best in the days and challenges ahead as President of Gustaws Adolphus College. Adopted Yeas - 7 Nays - 0 First Reading - 03-554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to perxnit the sale of alcohol unti12:00 a.m. by those establishments which have obtained a permit 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 Lanhy 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 Attorney 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 unti12:00 a.m. Councilmember Blakey 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 (property clean-up) for part of January 2003 to part of March, 2003 for properry located at 1523 Iglehart Avenue June 4, 2003, City Council Agenda (J0302A). (See Item No. 42) Adopted Yeas - 7 Nays - 0 Page 12 Resolution Ratifying 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 (502129). (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 properiy with new homes. (Item No. 45) Adopted Yeas - 7 Nays - 0 Reconsidered Item Resolution - 03-493 - Requesting and accepting donations from area merchants, unions and others for theix contributions to the City of Saint Paul for the annual Employee Picnic to be held on August i-� 13, 2003, at Como Park. (Previously adopted on May 28, 2003) Reconsidered, amended and adopted Yeas - 7 Nays - 0 **�*�***��******�*�:****�x��**�:****�x*** Council Meeting Information Website For an updated copy of the City Council Meeting agendas or minutes, please visit our website at www.ci.stpaul.mn.us/courtcil. Cable The City Council and Housing and RedeveZopmentAuthoriry (HRA) Meetings are June 4, 2003, City Council Agenda Page 13 cablecasted live 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 Ciry 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 5:30p.m.; and Wednesdays at 8:00 a.m_ and 1:30p.m. *��xx�*�x��***�**�*�*****�*��x�x**��*�*�x�***� � CITY OF SA1NT PAUL RartAy C. Kel1y, Ma}•or July 1, 2003 Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 OFFIC�iF THE CITY ATTORNEY Mnnuel J. Cervnn[es, CiryA[torney civil Divisiox 400 City Hal/ I S Wes� Kellogg Blvd. SaintPa�d, Minnesata S.i102 NOTICE OF HEARING Telephone: 65! 266-8710 Fncsimi[e: 65! 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 Deaz Mr. Yang: Please take notice that a hearing wi11 be held at the following time, 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 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 Office 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 Iicenses for intoxicating and non- � Malt Off-Sale License Application a�-anA-EEO EmPlov— Submitted By Cnanh 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 wi1l 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 attd Environmental 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 aiready an over concentration of stores in the area which sell 3.2 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 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 befora and during the hearing or you can represent yoursel£ 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 identify themselves for the record. The City will then present its witnesses 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 attorney 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 Judge 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 wimesses you 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 1400J000. If a stipulation or agreement can be reached as to the facts, that stipulation wiil be presented to the Administrative Law Judge for incoxporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �Ifyou fail to appeaz at the h• g, your ability to challenge the allega�ons will be forfeited and the allegations against you which haue 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 untess objection 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, ��/ � �� Virania D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative 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 . . .�` • � STATE OF NIINNESOTA ) ) ss. COLTNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on July 7, 2003, served the attached NOTICE 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, NIlV. 55104 (which is the last lrnown address of said person) United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 7th day of July, 2003. PUU11C ��rE� �. s�a�s�aor�N rJCr izRY PUBLlC � Mi'rNESOTA !S.Y.^OMM;S^sPON �xf� 3!�2005 ie � �'�V� . � District 7 Planning Council 689 North Dale Street Saint Pau1, Minnesota SSX 03-I644 651/298-5068 (offzce) 651/298-5072 (fax) district7@integraonline.com (e-mail) July 15, 2003 Honorable Bruce H. Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 Dear Judge Johnson, �: JUL � � 20i13 � '` rv 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 Distzict 7 Planning Councii 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 Palxner, Assistant City Attorney for St. Paul, and she has no objections. Thank you for your consideration. Best regards, %:.�- ��:��------ Tait A. Danielson Lead Organizer cc: Virginia D. Palmer, Assistant City Attorney, 400 City Ha11, I S 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 tke neighborhoods of Mt. Airy, Capitol Heights, Lower Rice Street, Frogtown and East Midway 1970 - 2002 0 0 Malt Off-Sale License Applicat�on — Submitted By Chanh Yang d/b/a Super — Convenient Store City's Exh. No. 18 ' y • OFFICE� THE CITY ATTORNEY Manuel J. Cervantes, Ciry Atmrrsey CITY OF SAINT PAUL Rnndy G Kelty, Mayor July 21, 2003 Civi[ Division 400 Ciry Hnll IS West Ke!logg Bls�d. SaiatPa«1, Minnesotn S/0? NOTICE OF RE-SCHEDULED HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Te[ephone: 65/ 266-8710 Facsimile: 6i! 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 Deaz 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 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 huly yours, ''��'�'"`�G"� ��.,��-. V irginia 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 Director of LIEP Tate Danielson, Community Organizer, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 5 5 1 03-1 644 � Malt Off-Sale License Application a�,-ADA-EEO Em Submitted By Chanh Yang d/b/a Super — Convenient Store City s Exh. No. 19 ._ � STATE OF MINNESOTA COUNTY OF RAMSEY rx� ` AFFIDAVIT OF SERVICE BY U.S. MAIL Karen 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 Notice of Rescheduled Hearing by depositing in the United States mail at said City of Saint Paul, a true and conect 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 <� Karen M. Doumany �`� Subscribed an ef�r e this 21st day o�',buly, 2� ,� �// . Notary Public PETER P. PANG80RtV NOTARY PUdLIC - MINNESOTA MY COPAMISSIOi3 EXPlRES JAN. 39, ZW5 :Y�tas� i��., zE�t3 ��s�titled �fl i�'�i£311� 1#.I�k1Y £fl21C�3f3: I, �han#� i�evi� Yang, �=t3uld �"3ke Ifl t3�ss�ss L�� Qpe� and apvraval af sellin�.alr�hfll aud �quor ucV:,in�eS 3i �ti�i:,f c'�_.�i3vciuciii �'�c)�@ 3it �` � 2 i"xc7Y'� .F'"iacftti�, I tti�o�d i�e �fl me�tion an oune� 3�ho received ar� approvai mali �e�seti 3.2 beer fram T1�e pasi that u-as �ciiifi�atCOftviiC 3iiLi iic¢rcla£ �EYEYa�ES ni utE sET� 532Y2� Si.OPi.. ii2c "vitiYicf'Silui2ic Ctia� � �lai��5 �ry �3', �h� �-ad avTziiab�e a1co1�1 �rvecl �or �is tims ��g. B�a# as tl�e si�r� ��as #�eing �rsaug�� 3.�wn ;� a f7� W�;wr�, �iiy Ai�ata��, a P,��is�ifr, �eiiever, was aaafi�5� ai�aI�a�, sa he Fzatu,� . se:3ir� of a4cc>hcri � his #i�ne be�g Now, wi#h fihe ecanoivp t�ec�g at a�ow ievel fl� iinprovement I would like 9__ �9:._,._ f_9.. f �tJ �GV�]GL}� tiFG J�lflft§ Vt QtivEiilV2. �g� �st�e�ri�g, i�d bc�ug�# � a��o�v1�t?��ase 3.2 �r a�cl �ugt�� t�e iaterviews aa3 � • �,�a �_�_.,4 � � �cli vOyS ift)�Yk'E e`kt." a:iFiSiitt �u�;i �.c3iiVc�'iictfi. ��.c3io. i tie t�ce�[tYtb bd151`v � xi �i �i tirAS nsd'cu abs�t �e �andi�ia� taf #�e �rea I i�ul �e�crrted #�at I s�fl l�e a��ila�le sec��ri�y �vatch 24>'I �rtd syste�n ��r� �e��a�. Tfl � rea.��r�s caf�ope� #�e selti�g af��fl� �3li�arbev�g�s, is tfl ��te � gr��'�� ii15ti1£SS iii� 'r.'fic.�a"3�%ci�tY�ftEil$ r?�xi t3i �I14i ' ,..y � s �� ', � ° t� nt�i ' ."�' s S � �'. �1GllHliJ�i�VQi fG'iNY)iZl sE.�(}Flt't7.�tia't��l,tl'�tt�J�t bac� ia #�e g�ver�me�# fnr fu�re use. � � �s a ss�ltlier served fflr � IJ�� l��s � �e �is3�am �ar, � �d �v�l � � 17�i#� �ta#�s __a �� . �rai't� wai�tc i w.ieS iTFiII'�. i i�z��t it? i.ii8 83Y�j� "� •+rn � t� �ittiii't a. YF��v ii� ttv�'ii �vtiittt 3$ tivds �£Z"tt u1rvn� agpre�iat�: ye�r�geme�Y ic� suppo� our i�su3ess and tt� k�ep i2 grsrw�g. 5ix��rei�, �ha� I�ev� Ya�g �� 'a�e i Malt Off-Sale License Application — Submitted By Chanh Yang E/bha — Convenient Store � � �� 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. I Please write yaur fiill name, your pho�e number, and also check yes/no if you do or da not agree with the owner's decision. Dear Progtown District 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighborhood and customezs ages 21 and oider. The owner is applying for a license to sell alcohol beverages in the store. Please write your fiill name, your phone number, and alsa check yes/na if yau 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 and customers ages 21 and older. The owner is applying for a license to seli 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 Dishict 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. This survey is to address the neighbarhood and customers ages 21 and dder. The owner is applying far a license to sell alcohol beverages in the store. Please write your full name, your phone number, and also cheek yeslno if you do or do nat agree with the owner's decision. Dear Frogtown District 7: Super Convenient Store located in Frogtown on 922 Thomas Avenue, is conducting a survey. T`his survey is to address the neighborhood and customers ages 21 and gi�er. '3�e ovv�er is apglying for a�ieensa ta seii a3co3�oi beverages in the stare. �lease �ritE yanr fuii name, your ph�ne a�mber, and a3sa �heck yeslno if you do ar do not agree with ttie owner's decision. Dear Frogtown District 7: i 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 name, your phone number, and also check yes/no if you do ar do not agree with the owner's decision. 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Onsaleward1.s,hp . Offsalev�rard1.shp � •�..m.� — zadn'�e�� ue " a'�o;S �uatuaeuo� S /4/� Q�a� �g Pa�l�9nS — � uoueati d� asaaaiZ aI�S 330 }IEL1t . � X � a, �tia� uan�o aj`�� p _ �S. . �� ,��.�as 1 �� — r s��Gy..l� ��b " s � �� ,_ :' � -,�-:-� 1 15 a �� f^�� asno� �9es _ a ,o�s ,ra7'7��'� a]'�S �� [�J�U � U U�t�� .._.xl�sti3n�nn� r C°L=0 e _ �:. �,,, ❑ C�[�.1C� � A�~� i� � �, o a ��oo C=C�OC'� � �x��" ,1;,-L � C� C� � 57 � �� C�l�C�7�J � � �� .� �-�=o �� uuc��u �e„�� C�C�C►C7C�l�O C=�=�=c=�=C=O � C'<C'<C'= C';�';►� �� [ � � �� i C� �� C� �=C� Cl � � � � � �r�o c�c� I 3Nr�'ri � ` •M J � � � • c� o -`°��.A _�o��o � unaa Y3� � � � ,rs � _" � r-^^�—�. A ""'�.—.-.��_.._ �� YS � C C. C C C � C � ��'�� I � . � ��.� � � � � �,�� OFFICE OF 'THE CITY ATTORNEY Manuel J. Cervarztes, Ciry Attomey CITY OF SAINT PAUL Randy C. Kelly, Mayor August 13, 2003 The Honorable Bruce Johnson Office of Administrative Hearings 100 Washington Sq_uare, Suite 1700 100 Washington Avenue South Minneapolis, MN 55401 Civil Division 400 Ciry Hal! IS West Kellogg Blvd. Saint Paul, MEnaesora 55102 Telephane: 651266-8710 Facsimde: 65l 298-56] 9 � 0 � � �� J - �? :f '� _ - e - G� — s,= _� ` _ ,_� - r� , � RE: In re the ApplicaUOn 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 establishments, showing which are licensed to se113.2 malt liquor at off-sale. You will see that there are four other locations which have the ability to sei13.2 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, ��/�� ..� Virginia D. Palmer Assistant City Attorney cc: Chanh K. Yang Tait Danielson AA-ADA-EEO Employer �-. . ,,.t - District 7 Planning Council ��` � ' � :,: , �.' f � 689 North Dale Sireet Saint Paul, Minnesota SSI03-I6�Q, ,._.- _ 651/298-5068 (office) 651/298-5072 (fax) district7@integraonline.ddm��rri'ail� • : � July 15, 2003 Honorable Bnxce 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/6/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 regards, ..-- �GL.C �l� �i��'--�- Tait A. Danielson Lead Organizer cc: Virginia D. Palmer, Assistant City Attorney, 400 City Aall, 15 W. Keilogg Blvd., St. Pau1, MN 55102 Chanh K. Yang, Owner, Super Convenient Stare, 922 Thomas Ave., St. Paul, MN 55104 Our 32i year of service to the neighborhoods of Mt. Airy, Capitol Heights, Lower Rice Street, Frogtown and East Midway 1970-2002 OFFICE OF THE CITY ATTORNEY �� Manuel J. Cervantes, CityA!lorney � ' F`=' �., �,�:>_ �`� j. � '�... � �. `7 . j p/�% �, �F S PAUI, k�''�:` � rv• QvilDivision Rnndy C. Ke(!y, Mayor �� " r?� '� .' f v' 400 Ciry' HaII _(� y' /. I S West Ke1[ogg Blvd. � SainlPau[, Minnesotn 55lOZ 7uly 21, 2003 NOTICE OF RE-SCHEDULED HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Telephone: 65! 266-8710 Fncsimile: 651 298-5619 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 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 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, `/ /(�pti',�'u_� ��l,.u-. �- � Virginia D. Palmer Assistant City Attorney cc: Administrative Law Judge Bruce H. 7ohnson, Office of Administrative Hearings, 100 Washington Squaze, 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 Councii, 689 N. Dale St., St. Paul, MN 55103-1644 AA-ADA-EEO Employer �. OFFICE OF THE CITY ATTORNEY ManuelJ. Cervantes, CiryAtmrrcey CITY OF SAINT PAUL�; ;�_ -; e':� L� i? CivilDivision Rarsdy C. Kelty, Mnyor 400 Ciry Hn11 - � �,; i-, �, r f l5 West Kellogg Blvd. � - ' - '; _� Snint P¢�d, Mirsneso[a S.i10? r,' t i July 1, 2003 NOTICE OF HEARING Chanh K. Yang Owner Super Convenient Store 922 Thomas Avenue Saint Paul, Minnesota 55104 Telephone: 65/ 266-8710 Facsimile: 6512985619 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 concerning 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 Office of Administrative Hearings: Name: Bruce H. Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Miuneapolis, 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 3 20.06, of ttee Saint Paul Legislative Code. In the case oflicenses for intoxicaTing and non- AA-ADA-EEO Employer intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Advezse action may include revocation, suspension, fines and other penalties or conditions. Evidence wiil 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 Environmental 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 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 near �ousing 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 piaying 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 haue the right to be represented by an attorney before and during the hearing or you can represent yourselE You may aiso 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 identify themselves for the record. The City will then present its witnesses 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 whoin the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either pariy 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 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 witnesses you will 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 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 � r Ifyou 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 objection is made and relief requested under Minnesota Stahxtes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very tnxly yours, �� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Sauaze, Suite ? 700, Mpls, MN 5�401 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