04-1162SLTBSTITUTE
Councii File # 04-1162
Green Sheet # 3024611
RESOLUTION
CITY
Presented
Refened To
SAINT PAUL, MfNNESOTA
'�
Committee Date
1 WF3EREAS, the Legislative Hearing Officer recommends that the license application (ID # 20040001081) for
2 Liquor On Sale-Over 200 Seats, Liquor On Sale-Sunday, Liquor On Sale-2 A.M. Closing, Liquor-Outdoor
3 Service Area (Patio), Entertainment B, Restaurant-More than 12 Seats, Restaurant-Add On Bar, and Cigarette
4 Tobacco licenses by Two Circles of Saint Paul, doing business as 242, located at 242 Seventh Street West, be
5 approved with the following conditions:
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15
16
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If at any time the operation of the business should change (remodei, expansion, additionai acrivities), the
applicant must provide written documents of the requested change for review and approval by LIEP, prior to
operating.
2. If at any time the condirions of the sharad parking agreement should change, the applicant must submit a
copy of the revised shared parking agreement to LIEP for review and approval.
3. The shared parking agreement must delineate the nuxnber of spaces and the specific hours of operation of the
parking lot for each day of the week the lot is to be used by �vo Circles of St Paul; Inc.
4. No outdoor food andlor beverage preparation is allowed on a public sidewalk without prior approval and
additional licensing from LIEP.
5. Licensee must provide security when entertainment is provided.
6. The gate to the front sidewalk must remain closed � and not accessible as a oio nt of
en . Licensee must insure that alcohol does not go out to the public sidewalk. Licensee must install panic
release exitine hardware on �ate.
7. Entertainment . . is not allowed out-of-doors
&. No bottle dumping between 9:00 pm. and 8:00 a.m.
! 1 9. Leased parkine spaces in remote or satellite parking lots must be labeled for use by 242 customers.
2 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
3 application with the aforementioned conditions.
Council File 04-1162, Green Sheet 3024611
Page �������
Requested by Department ot
�
Form Approved by Ciry Attomey
�
Adopfion Certified by Council Secretary
By: �
Approved by : Date ___� �
By: /0
Approved by Mayor for Submission to Council
� $ l/
Adopted by Council: Date �c�w�v� \ a0�`(
�
Council File # d�/" j! f0 �
Green Sheet # jOZ�b N
RESOLUTION
OF SAINT PAUL, MiNNES01'A
Presented by
Referred To
Committee Date
W�TEREAS, the I,egislative Hearing Officer recommends that the license application (ID # 20040001081) far
Liquor On Sale-Over 200 Seazs, Liquor On Sa1e-Sunday, Liquor On Sa1e-2 A.M. Closing, Liq or-Outdoor
Service Area (Patio), Liquor-Outdoor Service Area (Sidewalk), Entertainment B, Restauran ore than 12
Seats, Restaurant-Add On Bar, and Cigarette Tobacco licenses by Two Circles of Saint P 1, doing business as
242, located at 242 Seventh Street West, be approved with the following conditions:
6 1. If at any tune the operarion of the business should change (remodel, expansi , additional activities), the
7 applicant must provide written documents of the requested change for rev' and approval by LIEP, prior to
8 operaring.
9 2. If at any time the conditions of the shared parking agreement should ange, the applicant must submit a
10 copy of the revised shared pazking agreement to LIEP for review d approval.
11 3. The shazed pazking agreement must delineate the number of sp es and the specific hours of operation of the
12 parking lot for each day of the week the lot is to be used by o Circles of St Paul; Inc.
13 4. The sidewalk cafe is an extension of the restaurant opera ' n onto a part of the public sidewalk, which
14 immediately adjoins the licensed premises.
15 5. No sidewalk cafe shall be permitted in any portion the public sidewalk where normal pedestrian traffic
16 flow is obstructed. A minimum clearance width thirty-six (36) inches must be maintained on the public
17 sidewalk at all times.
18 6.
19
20
?1 7.
No tables, chairs or any other fitrnishings,
cafe during any period when the sidew afe is not open and being operated. While such cafe is in
operation, all tables and chairs shall ept in a clean, sanitary condition.
The use of a portion of the public si walk as a sidewalk cafe shall not be an exclusive use. All public
to trees, light poles, traffic signais, pu11 boxes or manholes, or any
shall take precedence over said use of the public sidewaik at ail
'2 improvements, includix� but
3 public-initiated maintenance
4 times. �
plant tubs, sha11 be placed in the area used for the sidewalk
5 8. It shall be the duty of the 'censed food establishment to maintain each piant tub at all times 3n a safe
i condition at its proper i ation and to inspect each such tub periodicaily in arder that it may be properly
� maintained. Trees or lants and their tubs shall at all tnnes be kept in a neat, clean, and presentable
, condition. No adve ising matter or sign or writing of any kind shall be dispiayed upon any tree or plant or
its tub.
9. No outdoor food dlor beverage preparation is allowed on a public sidewalk without prior approval and
additional licen me from LIEP.
THEREFORE, $� IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
appiication wit3a the conditions listed.
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Benanav
Adopted by Council: Date
Requested by Deparlment of:
�
Form Approved by City Attorney
�
Adoption Certified by Council Secretary Approved by Mayor far Submission to Council
By:
Approved by Mayor: Date
3y:
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_ _._
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheeo reen Sheet
Cp - Council
Contact Person 8 Pirone:
Marcia Mcemtond
266-8560
Must Be on Couneil Agenda
OS-DEC-04
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3024611
DeoartmeM Sent To Person
0 on cil
I oo c'I De artmentDi e r
2 u nc1
3 i Clerk
4
5
Total # of Signature Pages _(Clip AfI Locations for Signature)
Action Requested:
Approving license applicarion with conditions, per the I,egislative Heazing Officer, for Liquor On Sale-Over 200 Seats, Liquor on Sale-
Sunday, Liquar On Sale-2 A.M. Closing, Liquor-Outdoor Service Area (Paflo), Liquor �utdoor Service Area (Sidewalk), Entertanvnent
B, Restaurant-More than 12 Seats, Restaurant Add on Bar, and Cigarette/Tobacco Licenses for 242, located at 242 Seventh Street k7:
Recommendations: Approve (A) or Reject
Pfanning Commission ,
CIB Committee
Civii Service Commission
Service Contracts
Questions:
1. Has this personffirm ever worked under a contrad for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not nortnalty possessed by any
current city employee? "
Yes No
Explain aIl yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who,lNhat, When, Where, Why):
AdvantaqeslfApproved:
Disadvantaqes If Approved:
Disativantsges If NotApproved:
Transac&on:
Funding Source:
�i�€�b���� �����'�h ��Y
�b6�.Gr � �r: l��v`3
CostlRevenue Budgeted:
ActivitV Number:
Financial information:
(Explain)
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MINUTES OF THE LEGISLATNE HEARING
242 (RESTAURANT), 242 West Seventh Street
Tuesday, September 21, 2004
Room 330 Courthouse
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 2:00 p.m.
STAFF PRESENT: Christine Rozek and Kris 5chweinier, Office of License, Inspections,
Environmental Protection (LIEP)
Mazcia Moermond, Legislative Hearing Officer, opened the meeting by explaining the process.
Sl�e noted that a number of licenses were apglied for by the applicants, some of which require
community notification. When the community was notified, she received some letters with
concerns about the issuance of the license in this particular location. A L,egislative Hearing was
scheduled which provides an oppomznity to work out those concerns. She stated that the
ultimate result of this hearing can be one of three things: 1) she would recommend to the City
Council that the license be issued without conditions; 2) she would recommend to the Council
that the license be issued with conditions that the applicants would have to agree to; or 3} she
would recommend that the matter be sent to an Administrative Law Judge (ALJ). The third
option is used in the event that an agreement cannot be reached on conditions that the Legislative
Hearing Officer believes aze reasonable under the circumstances. ff it goes to an ALJ, Ms.
Moermond said they may be looking at a four to six month process and there would be much
mare in legal expenses in getting the license. If the result is that this is a regular case, it will go
to the City Council in the form of a resolution with the Legislative Hearing Officer's
recommendation. There would not be a pubiic hearing before the City Council.
If the matter goes to an ALJ, said Ms. Moermond, there wouid be a public hearing. When the
ALJ's report is returned, the Council would hold a public hearing to consider the findings of the
ALJ.
Kris Schweinler, Office of LIEP, presented a staff report. She said this matter involves Two
Circles of St. Paul, Inc., d/bfa 242, located at 242 West Seventh Street, who has applled for an
On Sale Liquor and On Sa1e Sunday Liquor license, 2:00 am. closing, Liquor Outdoor Patio
Service, Liquor Qutdoor Sidewalk Cafe, Entertainment B, Restaurant B, and Restaurant Add-On
Bar oniy and cigarette and tobacco licenses. There are nine suggested conditions. At this time,
the Office of LIEP has no recommendation based an the fact that there are still outstanding
requirements that need to be met including a pending parking shortfali; the financiai information
was just received and has not yet been reviewed, which includes how they are going to purchase
the property and the business; and the petition for the entertaimnent was insufficient.
Ms. Moermond asked how long it takes LIEP to review financials if they have all the
information. Ms. Schweinler responded that the financial information is not yet complete and it
would not take very long; however, the parking shortfall and the petition for the entertainment
c�t-�� c�Z
Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 2
September 21, 2Q04
and possibly the sidewalk cafe are incompiete at this time and it depends on the applicant as to
how long it wiil take to get it to LIEP. The Office of LIEP then needs ten days to review it.
Ms. Moermond noted that there has been a zoning analysis of the pazking shortfall and asked if
the applicant would be seeking a zoning variance separately. Ms. Schweinier said that was a
possibility or they could come up with additional pazking by way of agreement with some
surrounding property.
Craig Bergman, one of the applicants, said they had an agreement that they provided to LIEP.
They decided to "kick it in" 7anuary 1, 2�05 because they would have to pay for additional
pazking. They do not plan to operate the night club until New Year's Eve.
Mr. Bergman explained their business plans saying they initially got involved with Vine Park
Brewery in February, 2004. Vine Park was moving the brewing aspect out of the facility leauing
the bat and restaurant, fine dining, and the patio as is. Their intent is to operate the establishment
similar to as it was and make the brewing portion into an event type center. They saw that it was
a fairiy large building and there is a large monthly payment to maintain the lease. The West 7th
Street area is dependent on events to have enough traffic to meet their goals. Their concept with
the nightclub is Yo create their own event to smooth aut the non-event nights and make it a more
viable business.
Ms. Moermond asked what their plans are without the petition for the entertainment license. Mr.
Bergman responded that they got a11 the business signatures in enor tkrinking they had it covered
until the previous week when they learned that they needed the residen6al sigiatures first. They
are in the process of getting the 12 residence signatures that are required.
Ms. Moermond said it sounds as if the fmancials are partially filed with LIEP and asked what
pieces of information they aze still looking for. Mr. Bergman said he did not know exactly what
pieces they aze short on but he did not feel it will be a problem to get what is needed.
Ms. Moermond asked Mr. Bergman if he had seen the nine conditions that were suggested by
LIEP. Ms. Razek responded that flie conditions were signed by the applicant.
Mr. Bergman said from the objections he saw, they feel co�dent that they can be addressed with
the neighbors or with the ciry to accommodate everyone.
Ms. Moermond presented three letters for the record: 1) the West 7thlFort Road Federation,
Betty Moran and Ed Johnson; 2) Pat and Eleanor Gavin, Walnut Street, Irvine Pazk Historic
District and; 3) Diane Clark, Irvine Park Towers Apartments.
Jeff Hawkins, LIEF Zoning 5taff, appeazed to address the parking situation. The former Brew
Pub took up about 3,50Q to 3,80Q sq. ft. When remodeling of the Brew Pub to a restaurant with
Oy �� bZ
Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 3
September 21, 2004
liquor took place, it increased the pazking to 88 spaces. The upgrade to an Entertaimnent B
license would increase the pazking to 139 spaces. There aze 10 underground spaces as part of
the building which wouid then require them to haue 129 spaces. The lease agreement for the
additianal parking is dated January 1, 2005. Zoning could approve the Entertainment B on this
date, but on January i they could operate an Entertainment B license from a Zoning standpoint
for the parking.
Ms. Moermond asked how long it would take to process the license if the agreement is effecfive
on January 1 and that would be the last condirion that is met. Ms. Schweinler responded that
they also have to fulfill the petition agreement, After the petition is received, LIEP has ten days
to complete the processing.
Beriy Moran, West 7th Street Federation, appeazed. She noted her concerns saying that the gate
on the patio remains open the majority of the tune which has caused a lot of litter in the
neighborhood because there is no monitoring of the people coming and going. The Federation
would like to see that the gate is locked at a11 times and that people haue to use the front doar. If
the sidewalk caf� license is granted, Ms. Moran said they want to insure that additional parking is
provided and that azea is also secured to prevent littering. Ms. Moran questioned if the additional
parking will be available to Two Circles when there is an event taking place at the Xcel Center or
if iYs only when there is not an event. She said they want to see security provided when there is
entertainment. She questioned where they can have entertainment - can it be on the patio? In the
past, there has been music on the patio and it becomes too loud for surrounding neighbors so that
issue also needs to be addressed.
Ms. Moermond read a letter in opposition received from Pat and Eleanore Gavin, 311 Walnut
Street.
In response to Ms. Moermond's questions, Mr. Bergman said their hours of operation are 11:00
am. to 2:00 am. Monday through Friday, and IQ:00 am. to 2:00 am. Saturdays and Sundays.
Their entertainruent will be live music, DJ, dance, possibly Karoake. They would like to have
outdoor entertainment and they will work with the community to make sure it is acceptable.
Ms. Moermond asked LIEP staff if there are any restrictions on Entertainment B outside. Ms.
Schweinler responded there is not, other than concerns of the neighbors, as the patio is part of
their liquor service area.
With regard to the issue of litter, Mr. Bergman said they are aware that people think it is clientele
from their establishment who are leauing with drinks and causing probiems. Immediately upon
heating this, they hired a bouncer to be at the corner of the gate to watch for this type of acfivity.
They have asked the Police Department if they could look at hiring off-duty officers for security
and it appears it wili be approved. The patio gate is kept open because it is more inviting to
people. If they have a full patio, there is someone watching the gate and he will agee to that as
a condition on the license.
o�-�� �Z.
Legislative Hearing Minutes for Two Circles of Saint Paul, Znc. Page 4
September 21, 2004
Mr. Hawkins displayed an aeriel photo and a plan of the premises.
Ms. Moermond asked if there are restrictions in the parking leases pertaining to events at the
Xcel Center. Mr. Hawkins responded that there is wording in the original lease regarding Wild
games. Patrons of 242 can still use the pazking but they have to pay. He said he was waiting for
a response from Assistant City Attorney Peter Warner as to whether these are guaranteed parking
spots. He has not found anything in the ordinance that indicates it has to be free parking; it just
has to be provided.
Ms. Moermond asked if there is a pian for division of space between where the tables are and
where people walk. Ms. Schweinler responded that they have to maintain a minimum of 36
inches far pedestrian traffic. The tables and chairs have to be placed next to the building on the
sidewalk cafe.
Joe Kasel of 242 said when there is a sold-out event at Xcel, they automatically plan a full staff
and have bouncers on duty. They will have that same security when they have events at 242.
Ms. Moermond said she feels the best thing to do is to sepazate the entertainment license and
process it under a separate resolution. Because there is not a petition at this time, it is not known
9f they actually haue the necessary signatures from the neighbors. If the petition is receaved on
this date, Ms. Moermond said she would like to talk to the owners about conditions which she
feels would be reasonable in this circumstance. Until the petition comes in, she wiil not process
that part of the application. She suggested a time-certain be established as to when the petition
would be ready and that part of the application would be considered. The processing would stop
and they could apply at a future date if they wished.
The conditions Ms. Moermond said she would consider include that they have security present
at a11 times when there is entertainment. Mr. Bergman said they put in signage indicating that
people could not leave the premises with drinks.
Ms. Moermond asked how often entertainxnent would take place. Mr. Ber�nan responded that it
would be throughout the week. They do not want to go Snto competition with what Xcel is
doing; i.e., if there is a hockey game, they wiil only facilitate the hockey game. If there is a
concert at Xcel, they may have entertainment after the show.
Ms. Moermond asked Mr. Bergman if he wouid be wiliing to accept a condition on the license
that would require the gate to be locked. Ms. 5chweinler stated it could be required to be closed
but not locked.
Ms. Moermond said the only other concerns she had were those from the properiy manager,
Diane Clark, who talked about Sunday evenings. NIr. Bergman said he has not talked to her yet.
He was not aware that bottles were being dumped after 2:00 a.m., but it is something that they
can change. Typicaily on Sundays they are not open unti12:00 a.m. Mr. Bergman said that
oy-����.
Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 5
September 21, 2004
garbage is contained inside their gazage. At times they have excess debris xeady to be picked up
which possibly has been outside. Part of their procedure is to dump at the tune of closing but
that can be changed to be done in the morning when they open, Bergman said.
In addition to the bottle dumping issue, Ms. Moermond said that D'aane Clazk indicated that
music unti12:00 a.m. on Sunday would be too late for that area. Ms. Moermond said she felt
some hours should be placed on the entertainment license so there are nights where entertainment
is restricted after a certain time both inside and outside.
Ms. Schweinler said it is not normal to have entertainment outside of an establishment. It would
be LIEP's recommendation that entertainment outdoors end by 10:00 pm. They would have to
compiy with the City's noise ordinances which aze quite restrictive and they wouid need noise
variances to go beyond what is in the ordinances. Mr. Bergman agreed to the 10:00 p.m. ending
time for outdoor music.
Ms. Moermond said she would like to look at a condition pertaining to bottle dumping such as
"no outdoor bottle duxnping from 10:00 pm. to 8:00 a.m." Mr. Bergman said he was agreeable
to that condition.
Mr. Kasel said there are other restaurants in the azea who may be dumping botties and he
questioned how the neighbors wi11 know who is doing it.
Ms. Moetmond said she would tecommend to the City Council that the license far 242 be
approved with the conditions she noted. She will wait about six weeks before sending the
resolution through until she gets a signoff that the financials have been reviewed and approved
and that the pazking situation is in order. She suggested that the owners of 242 do a lease that
rolls back their dming a little. If a petition is not receaved by November l, 2004, she will assume
they are not going forward at this time with the license and they can reapply later.
The hearing was adjourned at 2:58 pm.
Ms. Moermond is recommending approval of the license applicafion with the following
condirions, which have already been signed by the applicant:
1. If at any time the operation of the business should change (remodei, expansion, additional
activities), the applicant must provide written documents of the requested change for
review and approval by LIEP, prior to operating.
2. If at any time the conditions of the shared parking agreement should change, the applicant
must submit a copy of the revised shared parking agreement to LIEP for review and
approval.
d� \\ bZ
Legislative Hearing Minutes for Two Cucles of Saint Paul, Inc. Page 6
September 21, 2004
3. The shared parking agreement must delineate the number of spaces and the specific hours
of operation of the pazking lot for each day of the week the lot is to be used by Two
Circles of St Paul; Inc.
4. The sidewalk cafe is an extension of the restaurant operation onto a part of the public
sidewalk, which immediately adjoins the licensed premises.
5. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal
pedestrian traffic flow is obstructed. A minimum cleazance width of thirty-six (36)
inches must be maintained on the public sidewalk at a11 times.
6. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area
used for the sidewalk cafe during any period when the sidewalk cafe is not open and being
operated. While such cafe is in operation, all tables and chaus shall be kept in a clean,
sanitary condifion.
7. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive
use. All public improvements, including but not limited to trees, light poles, traffic
signals, pull boxes or manholes, or any public-initiated maintenance procedures, shall
take precedence over said use of the public sidewalk at a11 times.
8. It shall be the duty of the licensed food establishment to maintain each plant tub at all
times in a safe condition at its proper location and to inspect each such tub periodically in
order that it may be properly maintained. Trees or plants and their tubs shall at a11 times
be kept in a neat, clean, and presentable condition. No advertising matter ar sign or
writing of any kind sha11 be displayed upon any tree or plant or its tub.
9. No outdoor food and/or beverage preparation is allowed on a public sidewalk without
prior approval and additional licensing from LIEP.
ME, RRN
SUBSTITUTE
Council File # 04-1162
Green Sheet # 3024611
RESOLUTION
CITY
Presented
Referred To
PAUL, MINNESOTA
��
Co�ittee Date
1 WI3EREAS, the Legislative Aearing Officer recommends that the license application (ID # 20040001081) for
2 Liquor On Sale-Over 200 Seats, Liquor On Sale-Sunday, Liquor On Sale-2 A.M. Closing, Liquor-Outdoor
3 Service Area (Patio), Entertainment B, Restaurant-More than 12 Seats, Restaurant-Add On Baz, and Cigarette
4 Tobacco licenses by Two Circles of Saint Paul, doing business as 242, located at 242 Seventh Street West, be
5 approved with the following conditions:
6
7
9 2.
10
1; 3.
12
13 4.
14
15 5.
If at an� time the operation of the business should change (remodei, expansion, additional activities), the
applicant must provide written documents of the requested change for review and approval by LIEP, prior to
operating_
If at any time the conditions of the shared parking agreement should change, the applicant must submit a
copy of the revised shared patking agreement to LIEP for review and approval.
The shared parking agreement must delineate the number of spaces and the specific hours of operation of the
parking lot for each day of the week the lot is to be used by Two Circles of St Paul; Inc.
No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and
additional licensing from LIEP.
Licensee must provide security when entertainment is provided.
16 6. The gate to the front sidewalk must remain closed ' and not accessible as a�oint of
17 en . Licensee must insure that alcohol does not go out to the public sidewalk. Licensee must install nanic
18 release exitin� hardware on gate.
19 7. Entertainment . . is not allowed out-of-doors
20 8. No bottle dumping between 9:00 pm. and 8:00 a.m.
21 9. Leased parkin�spaces in remote or satellite parking lots must be labeled for use bv 242 customers.
22 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves tYus license
23 application with the aforementioned conditions.
Council File 04-1162, Green Sheet 3024611
Page 2
o ,�,� �� a
Requested by Department of:
�
Form Approved by City Attomey
�
Adoprion Certified by Council Secretary
g i
Approvedby a : Date__
By:
Approved by Mayor for Submission to Council
� B �
Adopted by Council: Date ti yL� ��LO�
Council File # {J'7 � j( � �
Green Sheet # �OZ�}{� \�
RESOLUT{ON
OF SAINT PAUL, M{NNESOTA
Presented by
Referred To
Committee Date
1 WfIEREA5, the Lea slative Hearing Officer recommends that the license application (ID # 20040001081) for
2 Liquor On Sale-Over 200 Sears, Liquor On Sale-Sunday, Liquor On Sale-2 A.M. Closing, Liq or-Outdoor
3 Service Area (Patio), Liquor-Outdoor Service Area (Sidewalk), Entertainment B, Restauran ore than 12
4 Seats, Restaurant-Add On Bar, and Cigazette Tobacco licenses by Two Circles of Saint P 1, doing business as
5 242, located at 242 Seventh Street West, be approved with the following conditions:
6 1. If at any time the operation of the business should change (remodel, expansio additional activities), the
7 applicant must provide written documents of the requested change for rev" and approval by LIEP, prior to
8 operating.
9 2. If at any time the conditions of the shared parking agreement should ange, the appiicant must submit a
10 copy of the revised shazed pazking agreement to LIEP for review d approval.
ll 3. The shared parking agreement must delineate the number of sp es and the specific hours of operation of the
12 pazking lot for each day of the week the lot is to be used by o Circles of St Paul; Inc.
13 4. The sidewaik cafe is an extension of the restaurant opera ' n onto a part of the public sidewalk, which
14 immediately adjoins the licensed premises.
15 5. No sidewalk cafe shall be permitted in any portion the public sidewalk where normal pedestrian traffic
16
17
18 6.
19
20
21 7.
22
23
24
25 8.
26
27
28
29
flow is obstructed. A miaumum clearance width thirty-six (36) inches must be maintained on the public
sidewalk at a11 times.
No tables, chairs or any other furnishings, e ept plant tubs, shall be placed in the area used for the sidewalk
cafe during any period when the sidewal afe is not open and being operated. While such cafe is in
operation, all tables and chairs sha11 b ept in a clean, sanitary condition.
The use of a portion of the public si walk as a sidewalk cafe shall not be an exclusive use. All public
improvements, including but not mited to trees, light poles, tra�c signals, pu11 boxes or manholes, or any
public-initiated maintenance p cedures, shail take precedence over said use of the public sidewalk at all
times.
It sha11 be the duty of the 'censed food establishment to maintain each plant tub at ali times in a safe
condition at its proper 1 ation and to inspect each such tub periodically in order that it may be properly
maintained. Trees or ants and their tubs shall at all times be kept in a neat, clean, and presentable
condition. No adve ising matter or sign or writing of any kind shall be displayed upon any tree or piant or
its tub.
30 9. No outdoor
31 additionalli
32 THEREFORE,
i3 application wit'
ilor beverage preparation is allowed on a public sidewalk without prior approval and
from LIEP.
IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
the conditions listed.
DH� //��-
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3o2LI�1t
Benanav
Adopted by Council: Date
Requested by Department of:
�
Fornt Approved by City Attomey
�
Adopriun Certified by Council Secretary Approved by Mayor for Submission to Council
�
Approved by Mayoc: Date
�
�
Z
_ . _ o�-- ii�a
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
CO �uncil
Co`Mact Person 8 Phone:
Marcia Mcertnond
266-8560
Must Be on Council Ager
08-DEG04
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3024611
0 u cil
1 oancil De arlmeut irector
2 ou cil
3 i Clerk
4
5
Total # of SignaW re Pages _(Clip All Lowtions for Signature)
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Approving license applicarion with condirions, per the Legislarive Hearin° Officer, for Liguor On Sale-0ver 200 Seats, Liquor on Sale-
Sunday, Liquor On Sale-2 A.M. Closing, Liquor-Outdoor Service Area (Patio), Liquor Outdoor Service Area (Sidewalk), Entertainment
B, Restaurant-More than 12 Seats, Restaurant Add on Baz, and Cigazette/Tobacco Licenses for 242, located at 242 Sevenffi Street W.
Recommendations: Approve (A) or Rejed (R):
Planning Commission
GB Committee
Civil Service Commission
Must Answer the
1. Has this personffirtn ever worked under a contrad for this depaRment?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain aIl yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWSles If Approved:
I Disadvantaqes If Approved:
Disadvantages 14 Not Approved:
Trartsactian:
Fundinp Source:
C°i�tl�Ce9 ����,'�'�� 6
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��� €? A, �u�
CosHRevenue Budgeted:
Activity Number:
Fi nancial Information:
(Explain)
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MINUTES OF Tf� LEGISLATIVE HEARING
242 (RESTALJRANI'), 242 West Seventh Street
Tuesday, September 21, 2004
Room 330 Courthouse
Mazcia Moertnond, Legislative Hearing Officer
The hearing was called to order at 2:00 p.m.
STAFF PRESENT: Christine Rozek and Kris Schweinler, Office of License, Inspections,
Environmental Protection (LIEP)
Marcia Moermond, Legislative Hearing Officer, opened the meeting by explaining the process.
She noted that a number o£ licenses were applied for by the applicants, some of which require
community norification. When the community was notified, she received some letters with
concerns about the issuance of the license in this particular location. A Legislative Hearing was
scheduled which provides an opportunity to work out those concerns. She stated that the
ukimate result of this hearing can be one of tYiree things: 1) she would recommend to the City
Council that the license be issued without conditions; 2) she would recommend to the Council
that the license be issued with conditions that the applicants would have to agree to; or 3} she
would recommend that the matter be sent to an Administrative Law Judge (AL�. The third
option is used in the event that an agreement cannot be reached on conditions that the Legislative
Hearing Officer believes are reasonable under the circumstances. If it goes to an ALJ, Ms.
Moermond said they may be looking at a four to six month process and there would be much
mare in legal expenses in getting the license. If the result is that this is a xegulaz case, it will go
to the City Council in the form of a resolution with the Leglslative Hearing Officer's
recommendation. There would not be a public hearing before the City Council.
If the matter goes to an ALJ, said Ms. Moermond, there would be a public hearing. When the
ALJ's report is returned, the Council would hold a public hearing to consider the findings of the
ALJ.
Kris Schweinler, Office of LIEP, presented a staff report. She said this matter involves Two
Circles of St. Paul, Inc., dib/a 242, located at 242 West Seventh Street, who has applied for an
On Sale Liquor and On Sale Sunday Liquor license, 2:00 a.m. closing, Liquor Outdoor Patio
Service, Liquor Outdoor Sidewalk Cafe, Entertainment B, Restaurant B, and Restaurant Add-On
Baz only and cigarette and tobacco licenses. There are nine suggested conditions. At this time,
the Office of LIEP has no recommendation based on the fact that there are still outstanding
requirements that need to be met including a pending pazking shortfall; the financial information
was just received and has not yet been reviewed, which includes how they are going to purchase
the property and the business; and the petition for the entertainment was insufficient.
Ms. Moermond asked how long it takes LIEP to review financials if they have a11 the
informarion. Ms. Schweinler responded that the financial information is not yet complete and it
would not take very long; however, the pazking shortfall and the petition for the entertainment
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Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 2
September 21, 2004
and possibly the sidewaik cafe aze incomplete at this time and it depends on the applicant as to
how long it will take to get it to LIEP. The Office of LIEP then needs ten days to review it.
Ms. Moezmond noted that there has been a zoning analysis of the parking shortfall and asked if
the applicant would be seeking a zoning variance separately. Ms. Schweinler said that was a
possibility or they could come up with addirional pazking by way of agreement with some
surrounding properiy.
Craig Bergman, one of the appiicants, said they had an agreement that they provided to LIBP.
They decided to "kick it in" January 1, 2005 because they would have to pay for additional
pazking. They do not plan to operate the night club until I�Tew Year's Eve.
Mr. Bergman explained their business plans saying they initially got involved with Vine Pazk
Brewery in February, 2004. Vine Park was moving the brewing aspect out of the facility leaving
the baz and restaurant, fine dining, and the patio as is. Their intent is to operate the establishment
similar to as it was and make the brewing portion into an event type center. They saw that it was
a fairly large building and there is a large monthly payment to maintain the lease. The West 7th
Street azea is dependent on events to have enougk traffic to meet their goals. Their concept with
the nightclub is to create their own event to smooth out the non-event nights and make it a more
viable business.
Ms. Moermond asked what their plans are without the petition for the entertainment license. Mr.
Bergman responded that they got all the business signatures in enor thinking they had it covered
until the previous week when they Iearned that they needed the residential signatures first. They
are in the process of getting the 12 residence signatures that are required.
Ms. Moermond said it sounds as if the financials aze partially filed with LIEP and asked what
pieces of information they are still looking for. Mr. Bergman said he did not lrnow exacfly what
pieces they are short on but he did not feel it wi11 be a problem to get what is needed.
Ms. Moermond asked Mr. Bergman if he had seen the nine conditions that were suggested by
LIEP. Ms. Rozek responded that the conditions were signed by the appiicant.
Mr. Bergtnan said from the objections he saw, they feel confident that they can be addressed with
the neighbors or with the city to accommodate everyone.
Ms. Moermond presented three letters for the record: 1) the West 7thJFort Road Federation,
Betty Moran and Ed Johnson; 2) Pat and Eleanor Gavin, Walnut Street, Irvine Park Historic
District and; 3) Diane Clazk, Irvine Pazk Towers Apartments.
Jeff Hawkins, LIEP Zoning Staff, appeazed to address the parking situation. The former Brew
Pub took up about 3,504 to 3,800 sq. ft. When remodeling of the Brew Pub to a restaurant with
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Legislative Hearing Minutes for Two Circies of Saint Paul, Inc. Page 3
September 21, 2004
liquor took place, it increased the pazking to 8& spaces The upgxade to an Entertainment B
license wottld increase the parking to 139 spaces. There aze 10 underground spaces as part of
the building which would then require them to have 129 spaces. The lease agreement for the
additional pazking is dated January 1, 2005. Zoning could approve the Entertaimnent B on this
date, but on January 1 they could operate an Entertaimnent B license from a Zoning staudpoint
for the parking.
Ms. Moermond asked how long it would take to process the license if the agreement is effective
on January 1 and that would be the last condition that is met. Ms. Schweinler responded that
they also have to fulfiil the petition agreement. After the petifion is received, LIEP has ten days
to complete the processing.
Betty Moran, West 7th Street Federation, appeared. She noted her concerns saying that the gate
on the patio remains open the majority of the time which has caused a lot of litter in the
neighborhood because there is no monitoring of the people coming and going. The Federation
would like to see that the gate is locked at all times and that people have to use the front door. If
the sidewalk cafe license is granted, Ms. Moran said they want to insure that additional parking is
provided and that area is also secured to prevent littering. Ms. Moran questioned if the additional
pazking will be available to Two Circles when there is an event taking place at the Xcel Center or
if iYs only when there is not an event. She said they want to see security provided when there is
entertainment. She questioned where they can have entertainment - can it be on the patio? In the
past, there has been music on the patio and it becomes too loud far surrounding neighbors so that
issue also needs to be addressed.
Ms. Moermond read a letter in opposition received from Pat and Eleanore Gavin, 311 Wainut
Street.
In response to Ms. Moermond's questions, Mr. Bergman said their hours of operation are 11:00
a.m. to 2:00 a.m. Monday through Friday, and 10:00 a.m. to 2:00 am. Saturdays and Sundays.
Their entertainment will be live music, DJ, dance, possibly Karoake. They would like to have
outdoor entertauunent and they will work with the community to make sure it is acceptable.
Ms. Moermond asked LIEP staff if there are any restrictions on Entertainment B outside. Ms.
Schweinler responded there is not, other than concerns of the neighbars, as the patio is part of
their liquor service azea.
With regard to the issue of litter, Mr. Bergman said they are aware that peopie think it is clientele
from their establishment who aze leaving with drinks and causing problems. Immediately upon
hearing this, they hired a bouncer to be at the corner of the gate to watch for this type of activiry.
They have asked the Police Deparnnent if they could look at hiring off-duty officers for security
and it appeazs it will be approved. The patio gate is kept open because it is more inviting to
people. If they have a full patio, there is someone watching the gate and he will agree to that as
a condition on the license.
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Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 4
September 21, 2004
Mr. Hawkins displayed an aeriel photo and a plan of the premises.
Ms. Moermond asked if there are restrictions in the pazking leases pertaining to events at the
Xcel Center. Mr. Hawkins responded that there is wording in the original lease regarding Wild
games. Patrons of 242 can still use the pazking but they have to pay. He said he was waiting for
a response from Assistant City Attorney Peter Warner as to whether these aze guaranteed pazking
spots. He has not found anything in the ordinance that indicates it has to be free parking; it just
has to be provided.
Ms. Moermond asked if there is a plan for division of space between where the tables are and
where people walk. Ms. Schweinler responded that they have to maintain a minimum of 36
inches for pedestrian traffia The tables and chairs have to be placed next to the building on the
sidewalk cafe.
Joe Kasel of 242 said when there is a sold-out event at Xcel, they automatically plan a full staff
and have bouncers on duty. They will have that same security when they have events at 242.
Ms. Moermond said she feels the best thing to do is to separate the entertainment license and
process it under a separate resolution. Because there is not a petition at this time, it is not known
if they actually have the necessary signatures from the neighbors. If the petition is received on
this date, Ms. Moermond said she would like to talk to the owners about conditions which she
feels would be reasonable in this circumstance. Until the petition comes in, she will not process
that part of the application. She suggested a time-certain be established as to when the petition
would be ready and that part of the application would be considered. The processing would stop
and they could apply at a future date if they wished.
The conditions Ms. Moermond said she would consider include that they have security present
at a11 times when there is entertainment. Mr. Bergman said they put in signage indicating that
people could not leave the premises with drinks.
Ms. Moermond asked how often entertainment would take place. Mr. Bergman responded that it
would be throughout the week. They do not want to go into comperition with what Xcei is
doing; i.e., if there is a hockey game, they will only facilitate the hockey game. If there is a
concert at Xcel, they may haue entertainment after the show.
Ms. Moermond asked Mr. Bergman if he would be willing to accept a condition on the license
that would require the gate to be locked. Ms. Schweinler stated it could be required to be closed
but not locked.
Ms. Moermond said the only other concerns she had were those from the property manager,
Diane Clazk, who talked about Sunday evenings. Mr. Bergman said he has not talked to her yet.
He was not aware that bottles were being dumped after 2:00 am., but it is something that they
can change. Typically on Sundays they are not open unti12:00 a.m. Mr. Bergman said that
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Legislarive Hearing Minutes for Two Circles of Saint Paul, Inc. Page 5
September 21, 2004
gazbage is contained inside their garage. At times they have excess debris ready to be picked up
which possibly has been outside. Part of their procedure is to dump at the fvne of closing but
that can be changed to be done in the morning when they open, Bergmau said.
In addition to the bottle dumping issue, Ms. Moermond said that Diane C1azk indicated that
music until 2:00 am. on Sunday would be too late for that azea. Ms. Moermond said she fek
some hours should be placed on the entertainment license so theTe are nights where entertainment
is restricted after a certain time both inside and outside.
Ms. Schweinler said it is not normai to have entertainment outside of an establishment. It would
be LIEP's recommendation that entertainment outdoors end by 10:00 p.m. They would have to
comply with the City's noise ordinances which are quite restrictive and they would need noise
variances to go beyond what is in the ordinances. Mr. Bergman agreed to the 10:00 pm. ending
time for outdoor music.
Ms. Moermond said she would like to look at a condition pertaining to bottle dumping such as
`ho outdoor bottle dumping from 10:00 p.m. to 8:00 a.m." Mr. Bergman said he was agreeable
to that condition.
Mr. Kasel said there are other restaurants in the azea who may be dumping bottles and he
questioned how the neighbors will know who is doing it.
Ms. Moermond said she would recommend to the City Council that the license far 242 be
approved with the conditions she noted. She will wait about six weeks before sending the
resolution through until she gets a signoff that the financials have been reviewed and approved
and that the parking situation is in order. She suggested that the owners of 242 do a lease that
rolls back their timing a little. If a petition is not received by November 1, 2004, she will assume
they are not going forward at this time with the license and they can reapply later.
The hearing was adjourned at 2:58 pm.
Ms. Moermond is recommending approval of the license application with the following
conditions, which have already been signed by the applicant:
l. If at any fime the operation of the business should change (remodel, expansion, additional
activities), the applicant must provide written documents of the requested change for
review and approval by LIEP, priar to operating.
2. If at any rime the conditions of the shared parking agreement should change, the applicant
must submit a copy of the revised shared pazking agreement to LIEP for review and
approval.
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Legislative Hearing Minutes for Two Circles of Saint Paul, Inc. Page 6
September 21, 2004
3. The shared pazking agreement must delineate the number of spaces and the specific hours
of operation of the pazking lot for each day of the week the lot is to be used by Two
Circles of St Paul; Inc.
4. The sidewalk cafe is an extension of the restaurant operarion onto a part of the pubIic
sidewalk, wkuch immediately adjoins the licensed premises.
5. No sidewalk cafe sha11 be pernutted in any portion of the public sidewalk where normal
pedestrian traffic flow is obstnxcted. A minimum cleazance width of thiriy-six (36)
inches must be maintained on the public sidewalk at all times.
6. No tables, chairs or any other fumishings, except plant tubs, shall be placed in the azea
used for the sidewalk cafe during any period when the sidewalk cafe is not open and being
operated. While such cafe is in operation, all tables and chairs shall be kept in a clean,
sanitary condition.
7. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive
use. All public improvements, including but not limited to trees, light poles, traffic
signals, pull boxes or manholes, or any public-inifiated maintenance procedures, shali
take precedence over said use of the public sidewalk at all times.
8. It shall be the duty of the licensed food establishment to maintain each plant tub at all
tnnes in a safe condition at its proper location and to inspect each such tub periodically in
order that it may be properly maintained. Trees or plants and their tubs shall at a11 times
be kept in a neat, clean, and presentable condition. No advertising matter or sign or
writing of any kind shall be displayed upon any tree or plant or its tub.
9. No outdoor food and/or beverage preparafion is allowed on a public sidewalk without
prior approval and additional licensing from LIEP.
ME, RRN