03-974Council File # d.3 " 97 �
Presented
Referred To
Committee Date
WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20030002765) for a
Malt On Sale (3.2) License by Bernazdo Crisanto, President, BJB Mex Inc dba Caf€ Del Sol 863 7t Street East,
be approved.
THEREFORE, BE IT RESOLVED that the Council of the City of 5aint Paul hereby approves this license
application.
Yeas Nays Absent
Benanav �-
Blakey �
Bosvom �
Coleman ,/
Harris �
Lanhy �
-Rcitex-
Adopted by Council: Date f�
Adoption Certified by Council Secxetary
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Approved
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet #3 p 0? 22 �
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Requested by Department oE
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Form Approved by City Anorney
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Approved by Mayor for Submission to Council
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, 03 - 97�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Q
DeparhnetM/officelwuncil: � Date Initiated: .
co �uncil 29-OCT-03 Green Sheet NO: 3007224
Contact Person 8 Phone: ���eM SerK To Person InitiaVDafe
Maraa Mcertnond � 0 unc 1
266-856D qssign 1 oun ' De a ent ire tor
Must Be on Council Agemia by (Date): Number 2 ouncil
Por
, Routing 3 ' Clerk
p� 4
5
6
Total # of SignaWre Pages _(Clip All Lowtions for Signature)
AcHon Requested:
Approving applicarion per the Legislative Hearing Officer for a Malt On Sale (3.2) License by Bemazdo Crisanto, President, BJB Mex,
Inc., dba Cafe Del Sol, 863 Sevenffi Street East.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects.Must Answer the Following Questions:
Planning Commission 1 Has this person/Brm ever worked under a contrect for this department?
CIB Committee Yes No °
Civil Service Commissian 2. Has this person/firtn ever bee� a city employee?
Yes No
3. Does this pereon/firm possess a skill not nortnally possessed by any
current city empbyee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Wha, What, When, Where, Why):
Advantapes If Approved:
Disadvantapes If Approved:
DisativanWpes If NotApproved:
Total Amount of CosURevenue Budgeted:
Trensaction:
Fufxlinq Source: Aetivitv Number:
F inancial Infiortnation:
(Explain2
03-97�
MINIJTES OF TF� LEGISLATIVE HEARING
BJB MEX Inc. dba CAFE DEL SOL at 863 7`" 5TREET EAST
Mait On Sale License
10:00 a.m. - Tuesday, October 28, 2003
Room 330 Courthouse
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:03 a.m.
STAFF PRESENT: Kris Schweinler and JeffHawkins, License, Inspections, Environmental
Protection (LIEP); and Jean Birkholz, City Councii.
OTHERS PRESENT: Bernazdo Crisanto, 863 East 7 Street; Thor Truelson, 491? Girard
Avenue South, Minneapolis, 55409; and Miguel Ramos, 925 Payne Avenue, Saint Paul.
Marcia Moermond introduced herself. She stated that she has received two letters expressing
concerns about the issuance of this license.
Marcia Moermond explained the process for this informal legislative hearing. At this hearing,
she wi11 be developing a recominendation for the City Council to consider. There are three
potential outcomes in terms of a recommendation to: 1) grant the license without conditions; 2)
grant the license conditions, which have been agreed to by the owner; or 3) refer this matter to an
Administrative Law Judge if some accommodation cannot be reached. An Administrative Law
Judge hearing is quite an involved process. It can add at least three months to the granting of the
license, and it can be an expensive experience, if legal representation must be secured.
Ms. Moermond will first ask for a staff report, then she will heaz from the applicants, and finally
she will address the letters from people with concerns. Then, she will make a commendation to
the City Council. This item will be on the City Council agenda either Wednesday, November 5
or Wednesday, November 12, 2003.
Kris Schweinler, a license inspector from LIEP, reported that this license has been approved by
Health, Fire, Licensing and Zoning, so staff recommended approval with the possibiliry of adding
conditions regarding trash.
Ms. Moermond asked how long Cafe Del Sol has been in business. The applicant replied that it
has been in business for seven (7) months.
Mr. Crisanto explained that he wanted the beer license to increase sales in his restaurant.
Ms. Moermond directed attention to a letter from L. Chazles Peterson, expressing concerns about
restaurant patrons adding to the trash in the area and also parking in their lot. The letter from
Vladimir Storchak, Storchak Cleaners, Laundry & Tailors, mainly expressed a concern about
restaurant patrons parking in their pazking lot.
0 3 - 97`�
LEGISLATIVE HEARING, CAFE DEL SOL, 863 7`" STREET E., Oct. 28, 2003 Page 2
The applicant stated that a trash receptacle has been purchased and is located right outside the
front door.
Ms. Moermond asked Mr. Hawkins about the parking requirement. Mr. Hawkins replied that
currenUy, there is no pazking requirement. The zoning requirement for pazking is the same for
wine and 3.2 beer as it is for a normal restaurant, which is one (I) for every 125 square feet. If
they went to a full liquor license or would add entertaimnent, they would need to appiy for a
parking variance.
Mr. Crisanto noted that on October 12, 2003, they came to an agreement with Storchak regarding
parking. They will be leasing pazking spaces from Starchak's lot. They also have an agreement
with the parkang lot across the street to rent ten (10) spaces. Mr. Hawkins asked that they send
copies of those agreements to the LIEP office.
Ms. Moermond asked what hours were they leasing the parking spaces. The applicant replied
that they are leasing the spaces twenty-four (24) hours a day from both parties. There wili be
signage indicating the parking is for Cafe Dei Sol.
Mr. Hawkins advised that the applicant monitor both parking lots for trash every day. He wi11
also review both parties' parking requirements to make sure they have enough to be able to lease
to Cafc Del Sol.
Ms. Moermond considered putting a condition on the license to pick-up trash daily. Miguel
Ramos noted that the applicants are comxnitted to do a business that represents very well the
Latino community and the whole community, in general. They want to do things the right way,
and whatever is required and expected of them, will be done because they want to do the
business together with the whole community.
Ms. Moermond recommends that the City Council grant this license without conditions. It wiil
go on either the November 5 or November 12 City Council agenda. She explained that when
license matters come before the City Council, they are placed on the Consent Agenda, which
means that the Council almost never discusses this kind of item. They simply vote on it. The
Office of License, Inspections and Environmental Protection (LIEP) will contact you about the
results. She restated that they should supply LIEP with copies of the parking agreements.
Ms. Moermond recommends granting the license without conditions.
The hearing was adjourned at 10:17 a.m.
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