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04-370Council File # � Green Sheet # ��Z��` RESOLUTION �INT�RUL. MINNESOTA I9 Presented Referred To Committee Date WF�REAS, the Legislative Hearing Officer recommends that license appiication (ID # 20030005015) for Restaurant (B)-more than 12 seats, Liquor on Sale-Sunday, Liquor On Sale-100 Seats or Less (C), Gambling Location, Cigazette/Tobacco, and Alann Pernut (new) by GKTC Corporafion, doing business as Lucky Foxx Baz & Grill, 731 Randolph Avenue, be approved with the following conditions: 1. No trash or bottle dumping between 7:00 p.m. and 7:00 a.m. 2. The bar owner will enclose the dumpster area with visual screening on the east and west sides. Owner will work with the trash hauler to develop a viable screening plan. Screening will be completed by May 1, 2004 3. Security lighting will be installed and operational on the rear and east side of the building by July 1, 2004 4. The exisring four internal security cameras will be maintained. The outside camera on the rear of the building will be replaced. All cameras must be operational and tapes maintained for seven (7) days. 5. The square footage of windows on the building wiil not be decreased. Windows will not be obscured with signs. 6. The owner will work with the property owner to the west to determine if the chain link fence should have screening slats added at the cost of the bar owner. Any screening work approved by the properiy owner must be completed by the baz by July 1, 2004. Maintenance of the chain link fence is the responsibility of the property owner. 7. Bar owner will place "No Parking on Sidewalk" signs at the east entrance of the building. 8. The rear pazking lot will be paved no later than May 1,2005. 9. Baz doors must remain closed when entertainment is being offered. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Grreen Sheet 3012816 ����D Yeas Nays Absent Benanav � Bosuom ,, Harris �- Helgen � Lanhy �/ Mo[rtgomery �/ Thune � Adopted by Council: Date �� j����l� � Adoption By: Approved By: Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Counci] �^° ... _� ; p�1�3 b �r � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � x:: DepartmenHOffice/councii: Date Initiated: co -��o�� o�-� Green Sheet NO: 3012816 Contact Person 8 Phone: Deoartrnent SeM To Person InitiaUDate Marcia Moermond � 0 oonc7 2 � 8 � Assign 1 ouuc'1 De a eutDirector Must Be on Council AgeMla by (Date): Num6er 2 � erk For 3 Routing Order 4 5 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving ]icense application with conditions, per the Legisla6ve Heazing Officer, for GKTC Corponrion, DBA The Lucky Fo� Bar and Grill, 731 Randolph Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrecfs Must Answer the Following Questions: � Pianning Commission �. Has this persoNfirtn ever worked under a contract for this department? CIB Committee Yes No - - Civil Service Commission 2. Has this perso�rm ever been a city employee? Yes No .. 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes a�swers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' Advantages If Approved: DisadvanWqes If Approved: DisadvanWges If Not Approved: ToWI AmouM of - CastlRevenue Budgeted: Transaction: Fundinp Source: Activity Number: Finaneial infortnation; � (Explain) 0`'� 3 'tD MINLJTES OF TT� LEGISLATIVE HEARING LUCKY FOXX BAR AND GRILL - 731 Randolph Avenue Thursday, Februu•y 14, 2004 Room 330 City HalUCourthouse Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:07 a.m. STAFF PRESENT: Claristine Rozek, License, Inspections, Environmental Protecfion (LIEP) Mazcia Moermond reported she will be developing a recommenda6on for the City Council to consider regarding this license applicafion. There are three possible outcomes that she could recommend to the City Council: 1) grant the licenses without conditions; 2) grant the licenses with conditions that have to be agreed upon by the applicant, or 3) send the license application to an Administrative Law Judge (AL.p, which will be used if there are conditions that Ms. Moermond feels should be piaced on the license that the applicant will not agree to ar the license should not be issued at all. The ALJ process can take about five months. There will be a public hearing at the ALJ hearing and there will be another public hearing at the City Councillevel. The license application cannot be denied at this hearing today; instead, it would have to be sent to an ALJ. Christine Rozek reported this is a license application submitted to LIEP by GKTC Corporation doing business as Lucky Foxx Baz and Grill, located at 731 Randolph Avenue. The application is for Liquor On Sale, Liquor On Sale-Sunday, Liquor On Sa1e 2 AM Closing, Restaurant, Entertainment A, Ganibiing Location, and Cigarette/Tobacco Sales. At this point, LIEP recommends no conditions for the license. The licenses will not be issued by Environxnental Health until they have a final inspection. Fire has approved the license application. Licensing will approval the application pending liquor liability insurance. Upon receipt of liquor liability and an opening inspecrion, LIEP's recommendation is that the license be issued. Marcia Moermond asked which licenses aze new far this location. Ms. Rozek responded for sure the entertaiument license is new. The previous licensee might not haue had the 2 a.m. closing. Ms. Moermond asked is the current owner operating under a management agreement. Ms. Rozek responded she does not believe so, but the business is open. The following appeared: Gloria Caselius, owner, 719 Madison Street NE, Minneapolis; and John Alexander, her representative, 4126 Colfaz� Avenue North, Minneapolis. Ms. Caselius stated she is purchasing this baz and her intentions are to run it herself and work the hours all day and night. Ms. Moermond asked is she buying the building and the business. Ms. Caselius responded both. In answer to other questions, Ms. Caselius responded that she manages a bar for Mr. Alexander and has owned a baz and restaurant in the past. For entertainment, she is thinking about a small band. She has read through the letters of objection. (�'31� LEGISLATIVE HEARING NIINUTES OF FEBRUARY 19, 2004 Page 2 Ms. Moermond asked has she met with the neighbors or talked with the district councils about this. She responded she has. 3ohn Alexander explained that he owned a bar called Suliy's Ciub in Minneapolis. Ms. Caselius was the manager for seven yeazs for the baz. It was a drug-related type of bar. When he bought it, they cleaned it up. The Folice Department second precinct congratulated them on keeping the area clean, lighted, and secure. Cameras were put on the outside. Ms. Caselius was a part of putting this together and keeping the azea well lit. He is here because he wants to help her through the process. He owns another baz in north Minneapolis that he cleaned up and remodeled completely called the 200 Club. They went from a few hundred calls to less than 20 calls in a yeaz. They were congratulated by the community there and the second pzecinct. Ms. Caselius also has plans to do the same thing. She is weil aware of everything she has to do to make it good for the neighborhood. They keep the neighborhood involved in what they aze doing. Ms. Caselius wants to be involved in community activities. Mr. Alexander wiil help her through the process. Betty Moran, West Seventh/Fort Road Federation, 974 Seventh Street West, appeared and stated they aze in opposition to the 2:00 closing and entertainment licenses. They would like to revisit this in a couple of years if the conditions can he met. The 2:00 closing is not acceptable because this is a residential neighborhood. Regarding the entertainment license, yust the noise from the bar alone with the drawers doors being open continues to cause probiems in Che neighborhood. Ms. Moermond asked did the boazd take a vote to this effect. Ms. Moran responded yes. Frank M. Peterson, 736 7ames Avenue, Block Club Captain, appeazed and stated he has several concerns because there have been an ongoing problems for years. He wrote a letter to LIEP a few years ago because he thought the baz should be closed completely. He is talking on behalf of the whole azea. His would like the following done: 1) Require a paved parking lot, tlus would help grevent damage to his garage and prevent cars from bar patrons sp'uming their wheels on the rock parking lot and kicking the rocks up onto my property. 2) I would like to see outdoor security lighting installed and operational on the reaz and east side of the building. 3) I would like to see fully operational security cameras located on all sides of the building, helping to prevent serious crimes from occurring. I believe these cameras should be functional 24 hours a day to help control security. 4) I would like to see an enclosed gazbage area rather than just dumpsters strewn behind the building. 5) I wouid ask that in winter, all snow be removed from the premises within 48 hours of a snowfall. He would like the snow removed from the premises instead of piled up there. Also, there is ice on the sidewalk from the drain. 6) I would not like the bar to offer live music. 7) No parking allowed on the sidewalk. (Note: this condition was not verbally mentioned by ��'S�0 LEGISLATIVE HEARING MINUT'ES OF FEBRUARY 19, 2004 Page 3 Mr. Peterson, but it is in his letter that he was going through.) 8) Noise levels should be kept to a m;nimum, with no trash or bottle dumping occun�ing between 9:00 p.m. and 7:00 a.m. 9) The exterior of the building needs to have cracks repairs, and be painted to better fit the neighborhood. The exterior has not been kept up, and really needs to be kept up on a regular basis. 10) I want to ensute that at a miuimum the current windows in the building will remain to help cut down on potential criminal activity in the bar. 11) The bar should piace a privacy fence between the west side of the building and the neighboring house. Mr. Petersen asked Ms. Moermond did she want a prior letter that he sent years ago. He does haue police on the force and has ways of fmding tlungs out. He knows that they did drug busts in the bathrooms in the facility. He would rather have the place sit vacant instead of giving someone a license and have them do whatever they want. Mike Strafelda, 740 James Avenue, appeazed and stated that he does not want to make it sound like they do not want the bar there. The concerns Mr. Peterson mentioned are rea1. Mr. Strafelda has been there 20 years. If the new owners could negotiate and have a nice compromise, the communiTy could have a nice relationship with the owners. For the parking lot, the rocks get strewn all over. The elderly lady that lives next door, slipped and wrenched her back. People do squeal their tires. Mr. Peterson's gazage is behind there and he gets a lot of those rocks on his driveway along with the trash. Aaron Smith, 765 Randolph Avenue, appeared and stated he is encouraged to here that Ms. Caselius is looking forwazd to working with the community and plan to improve the property. Mr. Smith has more deep concerns. He does not think a bar should not exist on the property. There are other bars on Randolph, but there are too many in the neighborhood. The three bars haue all had an anned robbery ar shooting incident in the last year. Mr. Smith moved into the neighborhood two years ago. With the existence of the bars, crime has not improved in the neighborhood in the past yeaz. They have experience with people urinating. They also have a liquor store at the other end of the block. There is constant trash in the alley. He would hope there was some way to cut down on traffic in the alley. Some people pazk behind their garage saying they are waiting for someone. The bars do not seem to haue the resources to keep the safety of the neighborhood in mind. Seventh Street is a great oppornutity for bars. There is higher traffic and more parking is available. The applicant should resonsider and find a spot on Seventh. Mr. Smith stated he waited for someone to exit the pazking lot behind the baz at about 1:00 p.m., and this person hit his truck. People are sometimes on the sidewalk with drinks in their hands. He is concerned with the 2:00 am. closing because there are so many houses nearby. A 1:00 a.m. closing would be better. The entertainment might cause too much noise and keep people awake. Bay is a troubling street with troubling properties. There are two schools within two 0�-3,0 LEGI5LATIVE HEIIRING NIINUTES OF FEBRUARY 19, 2004 Page 4 blocks from the bar. Bazs should not exist that close to neighborhoods, but he does not object to the existence of bars. He has not felt safe wa.lking atound the bar. There are anned robberies happening in the spot. Mr. Sxnith ob}ects to all the licenses. Pat Peterson, 734 Randoph Avenue, appeazed and stated that she lives across the street and also rents to a tenant who has complained about the noise. She has found it difficult to rent because there is a baz across the street. She is concerned about the 2:00 a.m. ciosing and the entertainment. It is noisy enough. Ms. Peterson asked what type of entertaimnent would be allowed. Ms. Rozek responded the Class A Entettainment License allows for amplified or nonamplified music and/or singing by performers without limitation as to number and group singing by patrons of the establishment. There cannot be dancing with the Ciass A. There can be bands with unlimited numbers of perFormers and karaoke. Ms. Peterson stated she wonders if they could add pazking because lots are usually taken in front of her place. There are shady characters that hang azound there. She would prefer that the baz would not be there. (No one else wished to speak in opposition.) Ms. Moermond stated she received two other letters from people who have not come to testify. A letter was received from Ann and Scott Miller, 744 James Avenue, about suspicious activity, criminal activity, and the dumping of bottles after 10:00 p.m. Another letter was received from Therese Lauer Goddazd, 443 Arbor Street, about the inappropriateness of a 2 a.m. closing and her opposition to the issuance of an entertainment license. Paul Mateyka, 1899 Portland Avenue, appeared and stated he l�as been an absentee owner for the last five years, and this is why he is selling the bar. He goes in for an hour in the morning and he is gone. He stops in twice a month at night to look azound. The new owner plan to be there six nights a week watching things. Aer friend is going to help her. If this sale does not go through, he will have to seil it to someone else. He was not aware that the bottles were being dumped after 10:00 pm. He told his workers not to dump a bottle at that time. This sale would be to the neighbor's advantage. Mr. Mateyka is not there to control their concerns. Some of Frank Peterson's concerns are good. Mr. Mateyka has been at this location for 18 yeazs. He owns two other businesses and does not have time to be all over the place. If there is drug dealing going on behind the baz, he wishes someone would ca11 the police. He does not condone it. Ms. Moermond asked does he currently stay open until 2:00 a.m. Mr. Mateyka responded he does Thursday, Friday, and Saturday. It is not worth it the other days. He wishes the 2:00 a.m. had never been passed. He does it because of Joe and Stans, Skinners, etc. There are seven bars in a three block azea. There is a lot of traffic on a Friday night when people leave the bazs. He found out his customers were leaving and going to the other bars in the neighborhood at 11:00 p.m. Because they wanted to be at a bar where they could stay unti12:00 a.m. �'3� LEGISLATIVE HEAI2ING MINLITES OF FEBRUARY 19, 2004 Page 5 Ms. Moermond asked when his licenses expire. Mr. Mateyka responded May 2. He mailed the money last October to get the license for the 2:00 a.m. from the State of Minnesota. He does feel that the owner has to get along with the neighbors. They aze in a residenrial area. He is not azguing that fact at all. They could call Ms. Caselius on the phone if there is a problem. He never got a phone call for the neighbor except about the fence. The pazking lot only holds three cazs. It is mosfly on street pazldng. He had the building painted four years ago. He had it restuccoed about 8 yeazs ago. The gazbage dumpsters have covers on them. They are dumped twice a week. Ms. Moermond asked aze there any conditions on the current owner about gazbage. Ms. Rozek responded no. Ms. Moermond stated there aze lots of concerns about past ownership. She asked how it works to carry it forwazd. Ms. Rozek responded it is difficult to place conditions based on past owners. There are some conditions that would give the neighbors some help. Whether or not to issue the 2:00 a.m. closing is a concern. Ms. Moermond asked about the proximity of other liquor licenses. Ms. Rozek responded this is not considered to be a new establishment. It is grandfathered in. Issues with proximity would not fit here. The number of licenses issued is 13mited by ward. Right now, there are no liquor licenses auailable in Wazd 2. If this location out of business, they would not be able to get a liquor license. Ms. Moermond asked Mr. Alexander to talk more specifically about his plans. Mr. Alexander responded he agrees with the concerns. The City could ca11 the City of Minneapolis and talk to inspections about what he did with Snlly's Pub and 20� Club. Ms. Caselius would like to open the kitchen and she would like the neighborhood people to support her establishment. Her concerns are to have the neighborhood be a part of what is going on. When a person is an absentee owner, things can get out of hand. Employees are not going to take care of it like an owner. Ms. Caselius plans to be there. She was not shocked by any of the letters, and she is willing to address the concerns. They are planning to repave the lot, add security lighting, cameras, and would like to add larger windows. She wants to work with the neighbors. She is hoping the neighbars wiil support her fmancially as well as her supporting the neighborhood. She aiso plans to remodel the interior. If there is a nice place to go, people respect it a little more; there is a different kind of clientele. A bar has a stigma of being rowdy and rough, but it shouldn't be that way. Is the restaurant license new, asked Ms. Moermond. Mr. Alexander responded that Mr. Mateyka closed down the restaurant. The license was never used. Ms. Caselius' plans to remodel and get the restaurant going. Ms. Moermond stated there aze some obvious conditions that have been discussed. She is hoping that there is sufficient financing to address some of these things coming up. Mr. Alexander py-�to LEGISLATIVE HEARING MINTITES OF FEBRUARY 19, 2004 Page 6 responded they will go to the City of Saint Paul and ask for assistance to unprove the pmperty. At the same tune, she has contractors who will work with her already. She wants to add entertainment because she would like to put kazoake in there. Ms. Moermond asked is he in partnership with this. Mr. Alexander responded no. Because she was a good employee, he is here to help her in anp way. NIr. Strafelda asked is there adequate fmancing in place for the conditions to be placed on the license. Ms. Moermond responded her concern is whether the conditions are meY. If the conditions aze not met, the City can take adverse action. Ms. Rozek added that her office does not look into the financing. LIEP would like the tune line to be met. Mr. Alexander stated he met with Ms. Caselius and Mr. Mateyka. With the conditions, they have given her a yeaz to take caze of maj or concerns. Ms. Moermond stated she will go through the list of concerns written by Mr. Peterson. Condition 1- Paved parking Lot Mr. Alexander stated that the more important items are lighting and security. (Ms. Rozek gave Ms. Moermond a GIS photograph of the property.) Mr. Peterson stated that Mr. Mateyka put the Class 5 material on there, which is a stabilizing material that they use for a base before putting down the asphalt. Condition 2 - Security Zighting Mr. Alexander stated this is not a problem. Mr. Mateyka added that he had a camera in the back and someone stole it. There is a wire ninning to the corner of the building. Ms. Peterson asked why Ms. Caselius does not speak for herself. Mr. Alexander responded that Ms. Caselius has stage fright, but he will be happy to let her talk. Ms. Moermond responded thai she will leave that up to them. It does happen at legislative heazings that some people are uncomfortable speaking. It is a matter of eye contact and other things as to whether or not a person is cognizant of what is going on, and cleazly Ms. Caselius understands everything that is going on. Mr. Alexander added that he has no fmancial interest in this business at all. He is just doing this as a friend. Ms. Moermond continued by saying that there was a concern about the area being adequately lit. She asked is there security lighting on tlte side. Mr. Mateyka tesponded there aze three feet between him and the neighbors. py-31D LEGISLATIVE HEARING NIINUTES OF FEBRUARY 19, 2004 Page 7 Ms. Moermond asked could he make sure the back parking lot is adequately lit, and the light will be installed. If it looks like the lighting wili run over into a residenfial property, there aze different types of light screening they can buy. The City's site plan people know about light screens. There aze places adjacent to residential areas that have to screen lighting. Mr. Alexander responded that Ms. Caselius was going to do all of this. Condition 3 - Security Cameras Ms. Rozek asked is there a security camera inside. Mr. Mateyka responded yes. For example, the robbery he had was taped but the robbers were masked. Ms. Rozek requested that the tapes be auailable for 14 days, and the cameras should be installed and operational in the parking lot. On the outside rear of the building, Ms. Moermond stated, they should have a camera. Also, they should keep the cameras inside the building. All the tapes should be kept for 14 days. Condition 4- Enclosed garbage area Ms. Moermond stated that Ms. Rozek gaue her an aerial photo of the site. She asked is screening feasible. Mr. Alexander asked is it a requirement, as she has limited funds to do everything. The appropriate things will be done at once: paving the lot, lighting and the security camera. The interior will not be done within a yeaz. Condition 5 - Snow Removal Ms. Rozek stated removing the snow on the property is an unusual request. Ms. Moermond added that is beyond code. Her issue is getting the snow cieazed so the sidewalks are passable. She will let this condition lie. Condition 7- No parking on sidewalk Mr. Peterson stated motorcycles will park on the sidewalk. They should be towed. Mr. Mateyka concurred. Ms. Moermond stated it is the patrons that are doing this. She asked could signage be added saying that parking is prohibited on the sidewalk. Mr. Alexander responded there is not now, but there can be. Ms. Moermond suggested the owner proactively get the parking people out there when these situations arise. Mr. Alexander responded the key is communication between the neighborhood and the baz owner. o�-3�a LEGISLATIVE HEARING MINUTES OF FEBRUARY 19, 2004 Page 8 Condition 8 - Bottle Dumping Ms. Moermond would recommend a condition of no bottie dumping between 7:00 p.m. to 7:00 a.m. Mr. Alexander responded that is not a problem. Condition 9- Exterior of the &uilding Ms. Moermond stated this is something the Fire Department would have addressed if there were violations of the code. Mr. Mateyka responded they did not ca11 anything on the building. There may be some restuccoing that is necessary. Condition 10 - Windows Ms. Moermond asked about the windows. Mr. Mateyka responded all the windows have Venetian blinds. Ms. Moermond stated a condition will be that the square footage of window space will not be decreased, and it will not be obscured with signage, although she is not talking about a neon light. Condition 11 - Fence Ms. Moermond asked about the privacy fence between the business and the next house. Mr. Alexander responded this was not discussed. Mr. Peterson stated there is an elderly woman next door and the fence has causes her problems. Ms. Moermond responded that snow piling up against the fence is a private matter beriveen those parties. Putting the snow issue as a condition on the license is stretching it. She is not prepared to rule on the entertainment right now, said Ms. Moermond. She would like to look at conditions for the entertainment to make it workable. She would like to set up a meeting that will include Ms. Moermond, the owner, district council representative, and LIEP staff. Ms. Moermond asked about the 2 a.m. closing. Ms. Rozek responded that license is not issued by the City. The City sends an approval to 2he State and they issue it. The State will not take action on this until the City gets back to them. She imagines it would go through the same process of an ALJ hearing. The hearing was adjourned at 12:26 pm. � Note: Afrer this hearing, a meeting was set for Thursday, February 26, 1:00 p.m. a y_3�o MIN[JTES OF THE FOLLOW-UP MEETING LUCKY FOXX BAR & GRILL - 731 Randolph Avenue Thursday, February 26, 2004 Room 310 Courthouse Mazcia Moermond, Legislative Hearing Officer The meeting was called to order at 1:00 p.m. Present: 7ohn Alexander, friend of applicant; Barb Benson, City Council Offices; Gloria Caselius, applicant; Betty Moran, West Seventhl�ort Road Federation; Racquel Naylor, CiTy Council Offices; Christine Rozek, License, Inspecrions, Environmentai Protection (LIEP) (Note: this meeting is a follow-up to the legislative hearing on February 19, 2004.) Ms. Moermond asked about secluded azeas for the garbage. Ms. Caselius asked is that a requirement for the City. Ms. Moermond responded it varies considerably. Once a legislative hearing has been triggered, the license is not operating under the conditSons everyone automatically gets. In terms of the blinds, they are concerned with the (visual) aesthetics as opposed to the botties (noise). (They looked at the GIS maps.) Mr. Alexander stated one of the doors should be closed. Mr. Alexander responded that he wiil advise Ms. Caselius to keep one door locked for her own protection. People can walk around to the side. As for the dumpster, he is not sure where else it can be located. Ms. Moran suggested a screen. Mr. Alexander responded that is not a problem, but the owner would have to talk to the people who haul the rubbish to see what is workable for them. Ms. Moran stated this is not an issue until they start having food. Ms. Moermond asked about slats for the fence to provide a screen. It seems the garbage dumpster is not screened from the residential. Mr. Alesander added that there is not much room there. Three cars is about a11 that can fit in the lot. He would advise her to put strips in there to blind people from seeing it. Ms. Rozek added that screening the two sides of the dumpster wouid be adequate at this point, as it is a small area. Mr. Alexander stated the owner could give the company a key so they can open it. She would like to build something that is acceptable to the neighborhood. Ms. Moermond stated the fence belongs to the residential property. In regards to screening, that should be negotiated with the property owner. If they can reach accommodations with that property owner to pravide screening, that would be an alternative to the City requiring complete screening on that side. One or the other must be done. Screening on two sides would be a condition. Ms. Moermond stated outside security lighting was talked about on the rear and the sides. Mr. Alexander responded they plan to add lighting along the front. The back will haue lighting so that it will not shine on other people's houses. It can take 45 to 60 days for approval to build p�{-3�u LUCKY FOXX BAR & GRILL - MEETING - Februazy 26, 2004 Page 2 that. The cost is about $8,500. Ms. Rozek responded pernuts wili be needed. There are police officers that can come out about security lighting. She will find out who is doing that. Ms. Moermond stated May 1 is the compiiance date for the gazbage and July 1 is the compliance date for the lighting. Security cameras would stay the same. Ms. Rozek added that she looked at other licenses, and seven days is the usual amount of rime for keeping videotapes. Mr. Alexander asked why a camera is needed on the sides, which would be another $800 in costs. Ms. Rozek responded she would not feel so strongly about that as long as the interior camera will catch someone coming in. There will be four internal cameras covering the entire building. Ms. Moran stated the pull tab booth is in the front. Ms. Rozek asked is he replacing the one in the reaz. Mr. Alexander responded yes. Ms. Moran summarized: there are four cameras on the interior and one on the exterior and the owner maintain the tapes for seven days. Ms. Moermond responded yes. Ms. Moermond asked if the Fire Department has been there. Ms. Rozek responded Fire approved the license. It is unknown if they have orders out. Mr. Alexander stated the building is in great shape. Ms. Moermond responded she will look at the Fire Inspector's determination on that one. If they find something on the exterior, that is something he will have to do for his Certificate of Occupancy. Ms. Moremond stated they talked about not decreasing the square footage of windows. Ms. Moermond asked would the owner be willing to construct a privacy fence. This is regazding the hurricane fence being damaged by snow removal. Mr. Alexander stated the position of the dumpster affects the plowing of the snow. There has to be a happy medium here. There are limited finances. The owner can wark with the neighbors. Ms. Moran added that one corner is leaning. For some reason, they plow it in one corner instead of up and down. Ms. Rozek stated a privacy fence may go down in the snow. It would be hazd to maintain it. Mr. Alexander responded that the other owner should reinforce the fence. He would not suggest putting up a privacy fence because of the expense, and there may be other problems. Ms. Moermond asked Ms. Moran would she be willing to followup on the house next door to see if she would like to keep the cyclone fence repaired or slats. Ms. Moran responded she would. Ms. Rozek stated if any damage is done by the snow removal, it is Ms. Caselius' responsibility to fix it, but Ms. Rozek is not sure it is her responsibility to maintain the fence in general. Ms. Moermond asked are they willing to go with the slats. Ms. Caselius responded yes, if the neighbor wants it. Ms. Rozek asked is the neighbor going to be responsible for fixing them. Ms. Moermond responded yes. �-3�0 LUCKY FOXX BAR & GRILL - MEETTNG - Febniary 26, 2004 Page 3 Ms. Moetmond asked about entertaintuent hours. Ms. Caselius responded the previous owner is open Thwsday, Friday, Saturday until 2 am. Ms. Moermond asked if any remodeling will involve soundproofmg, tiles on the ceiling, eta and Ms. Rozek asked is sound coming out of the open door. Ms. Moran responded the issue is entertainment. Ms. Moermond responded there is no basis of bad behavior. Ms. Moran asked about paving the lot They said they would pave, said Ms. Moermond, but not immediately. She asked when they would be abie to pave it. Mr. Alexander responded that would cost $3,000. There aze a lot of expenses going on here. Ms. Moran responded the neighbars aze willing to go nine months out or a year. Mr. Alexander stated Ms. Caselius' plans aze to get the neighbors involved. She would like the neighbors to accept her. Ms. Caselius stated that she is not here to make trouble with the neighbors. She is there to work with everyone and make a place to go for people to have breakfast. Ms. Moermond responded she hears these cases all the time. This issue is not extraordinary. This is what happens when there is residential and commercial next to each other. (Ms. Moermond left the room for a few minutes and returned.) Mr. Alexander stated the owner is agreeable to putting a sign at the rear entrance about no parking on Bay Street. As for the parking, it would be completed in 12 months. Ms. Moeranond stated May 1, 2005 to install the paving work. Ms. Benson stated she laiows someone that knows Mr. Alexander and no one goes in there at night. Ms. Moran added that no one goes in there after 6:00 p.m. Ms. Rozek asked about security. Ms. Caselius responded mostly weekends. Mr. Alexander added especially when there is music or entertainment. Ms. Moermond added that they can have security without providing entertainment. Also, the door couid be closed during entertainment or when the jukebox is playing. Ms. Rozek stazed that the doors should be closed but not locked. Ms. Moermond asked the hours she wants to do kazaoke. Ms. Caselius responded she does not know yet. Ms. Moermond stated she would like the keep the 2 a.m. closing in the legislative hearing process. This would give the owner a chance to show good performance, meet deadlines, and people can see that things are getting done. The owner does not have a bad history of providing entertainment, but the baz is surrounded completely by residential. Ms. Moermond is trying to figure out a reasonable time: perhaps Sunday through Thursday instead of a Friday and Saturday night entertainment deal. 5he is thinking 11 p.m. for Sunday through Thursday and midnight or 1:00 a.m. for the entertauunent provision on Friday and Saturday. �y_3�a LUCKY FOXX BAR & GRILL - MEETING - February 26, 2004 Page 4 Ms. Moermond stated this issue can be revisited. The Council can send this back to more legislative heatings, wluch would be better than going to an ALJ. Mr. Alexander asked the following: if she accepts this and proves to be a good neighbor, can she get this advanced to 1:00 a.m. Ms. Moermond responded absolutely. Condiiions can be liberalized. Ms. Rozek added that they can do this for a given period of tune. Mr. Alexander stated if Ms. Caselius has Kazoake on Sunday and quits at ll:00 p.m. and the bar down the street is open unti11:00 a.m., then he wonders where the patrons aze going to go. It may hurt her business. Ms. Moermond responded this is what you negotiate when you buy a business. The owner bought a site with liabilities. The liability is the history of the neighborhood in this case. Ms. Rozek asked who has noise complaints or is it just because the doors aze open. Ms. Moran responded the back and the side in mostly the spring and the fall. Ms. Rozek stated it seems that entertainment is not the issue; the issue is that the doors are open. If there is entertainment and the doors are kept closed, noise would not be an issue. Ms. Moran responded that the neighbors do not want the entertainment at all until they get to know the owner. Ms. Moermond stated she will send the entertainment and all the other licenses to the Council, and she will hold back the 2:00 a.m. license until they see how it is going in terms of the noise late at night. The 2:00 a.m. is a legitimate concern. Mr. Alexander responded that Mr. Mateyka said that the new owner has to have the 2:00 am. license or people will leave the bar at 1030 or 11:00 and he will haue any business at night. As soon as Mr. Mateyka got that license, people started coming back to his baz. Mr. Mateyka even made that statement in the hearing. Ms. Rozek responded that may not be the case because most bars don't stay open unti12:00 a.m. In addition, Mr. Mateyka's business did increase when he got the 2:00 a.m. license, but he was attracting the wrong kind of people. Mr. Alexander responded that is why the new owner is going to be there. She wiil not be an absentee owner. Ms. Caselius was a very good employee, and he would never speak for someone else. The City should give her a chance to make some money here, get in business, and show herself. Ms. Moermond stated it is reasonable far the neighbors to look for something on this. She will leave it up to them if they want this matter to go to an ALJ or if they would like the matter to lay over with Ms. Moermond. If it goes to an AL7, they can look at five to six months and they probably want to hire an attorney. Ms. Moermond can turn azound the license issue a lot faster. She will look to see if they followed steps to see if they followed their deadlines, this history, called the police department, and is there likely to be a problem. Hours of operation is one of the items. There is a heck of a lot of latitude. She is looking at a three month layover in legislative hearings. Perhaps they may want to talk to some other people in the business. The entertainment is going to go through no conditions. There are no problems associated with the entertainment. If she does not agree with the conditions, it goes to an AL7. p�-3�� LUCKY FOXX BAR & GRILL - MEETING - Febivary 26, 2004 Page 5 Ms. Moermond stated there will be another hearing in 90 days after the issuance of the licenses. She would like to keep this issue here and talk about it again. The 2:00 am. closing license is laid over. The meeting was adjourned at 223 p.m. Mazcia Moermond recommends the following: the entertainment license is laid over to another legislative hearing; all the other licenses aze approved with the conditions listed below, which have been signed by the applicant. 1. No trash or bottle dumping between 7:00 p.m. and 7:00 a.m. 2. The baz owner will enclose the dumpster azea with visual screening on the east and west sides. Owner will work with the trash hauler to develop a viable screening plan. Screening wiil be completed by May 1, 2004. 3. Security lighting will be installed and operational on the reaz and east side of the building by July 1, 2004. 4. The existing four internal security cameras will be maintained. The outside camera on the rear of the building will be replaced. All cameras must be operational and tapes maintained for seven (7) days. 5. The square footage of windows on the building will not be decreased. Windows will not be obscured with signs. 6. The owner will work with the property owner to the west to determine if the chain link fence should have screening slats added at the cost of the bar owner. Any screening work approved by the properiy owner must be completed by the bar by July 1, 2004. Maintenance of the chain link fence is the responsibility of the properiy owner. 7. Bar owner will place "No Pazking on Sidewalk" signs at the east entrance of the building. 8. The rear parking lot will be paved no later than May 1,2005. 9. Bar doors must remain closed when entertainment is being offered. �