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04-907Council File # �'7' - /D ` Green Sheet # 3022385 Presented Referred To Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20040022440) for an Expanded Liquor Service Area License by Colleen M. Humphreys, Owner, doing business as Sherwood Lounge, 1418 White Bear Avenue North, be approved with the following conditions: 1. That if the neighbors so desire, the alley behind the Sherwood Lounge be changed to one way according to whatever pattern best serves the neighborhood needs; 2. That angle pazking be required in the reaz of the building according to the plans approved by the City of St. Paul; 3. That parking in rear of building be limited to employee parking only and that signs be posted "Employee Parking Only; > 4. That an adequate device ar devices be installed to protect the retaining wa11 on the property at 1793 Sherwood Avenue; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas Na s Absent Benanav ✓ Bostrom � Harris J Helgen � Lantry ,/ Montgomery � Thune ✓ Adopted by Council: Date 9- -O� Adoption By: Approved By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA �/ Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council o�- ga� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrne�/officekouncil: Datelnitiated: GPeelt SheP.t NO 3022385 CO ��cil 13SEP-04 Cor�ct Person 8 Phone: ���ent Sefrt To Person InitiailDate Marcia Mcemwnd � 0 ouecil 266-8560 Assign 1 ouecil De r[ment Direcror Must Be on Council Agenda by (Date): Number 2 � erk For 3 Routing Order 4 5 Total # of SignaWre Pages _(Ciip Ali Loptions for Signature) Action Requested: Approving license application with condirions, per the Legislative Hearing Officer, for an Eacpanded Service Area License by Colleen M. Humphreys, owner, dba Sherwood Lounge, 1418 White Bear Avenue North. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following 4uestions: Planning Commission 1. Has this persoNfirtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffiRn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? - Yes No Ezplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AqvantapeslfApproved: - DisadvantaneslfApproved: SEP 13 2004 Disadvantages If NotApproved: ' ' -�-� - �_�- � 1 Total Amount of CosttRevenue Budgeted: Transaction: Fundinp Source: ActivitV Number: Financial Information: (Explain) ������ �� �o�"l MINLITES OF TE� LEGISLATIVE HEARING SHERWOOD IALJNGE, 1418 White Beaz Avenue North Monday, August 16, 2004 Room 330 Courthouse Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:00 a.m. STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protecrion (LIEP) OTHERS PRESENT: Colleen M. Humphreys, owner; Chuck Repke, District 2 Community Council, 1961 Shenvood Avenue. Marcia Moermond explained that tlus particular license requires neighborhood notificarion, and she received rivo letters expressing concerns about the issuance of the license. Staff has condirions that they are recommending. A resolution will go to the City Council with one of three recommendations: 1) issue the license without conditions, 2) issue the license with condirions that the applicant has agreed to, or 3) the matter is sent to an Adnunistrative I,aw Judge (AL�. The ALJ recommendation will be used if they cannot agree on conditions that aze reasonable or if there are reasons to believe the license will not work under any conditions. Jeff Hawkins reported this is a license applicarion for Expanded Liquor Seroice Area License at 1418 White Bear Avenue North, Shenvood Lounge. The owner has signed these conditions that have been on the license since 1976 are: 1. That if the neighbors so desire, the alley behind the Shenvood Lounge be changed to one- way according to whatever pattern best serves the neighborhood needs. 2. That angle parking be required in the rear of the building according to the plans approved by the City of St. Paul. 3. That pasldng in rear of building be limited to employee parking only and that signs be posted "Employee Parldng Only." 4. That an adequate device or devices be installed to pmtect the retaining wall on the property at 1793 Sherwood Avenue. 5. That no entertaimnent license be issued to 1418 White Beaz Avenue North. Mr. Hawkins conrinued: in 1995, the condirions were reviewed by the district council and recommended they still be there. As for the parking calculations, there were discrepancies in the site lot as to what they could hold. There are 23 spaces there and 9 behind the bar. With the other businesses there, Sheiwood I,ounge would need six more parking spaces. Colleen Humphreys responded that one business has their own parking lot. Mr. Hawldns responded that he will calculate that out. Shenvood I.ounge is better on the pazldng then. He has not found a site plan about the parking in the rear. As for Condition 1, said Ms. Moermond, the neighbors couid ask for a one-way alley without conditions on the license. Mr. Hawkins agreed. Chuck Repke responded that the neighbors don't want the license holder to object to those changes. Ms. Moermond stated there is a petirion process for a one-way alley. She is not sure this condition is legally enforceable. If a petition was circulated, the owner has a right to say whether she does or o� �o LEGISLATIVE HEARING MINUTES, SHERWOOD LOiJNGE, August 16, 2004 Page 2 does not want a one-way alley. She is not locked into this document in the fuhxre. Similarly for Condition 5, the City cannot prevent anyone from applying for an entertainment license. Mr. Hawldus responded that Entertainment A would have the same parking as the owner has now, but she would have a shortfall in pazking for an Entertainment B. If someone applies for a license and all the condirions aze met, said Ms. Moermond, the City will issue it; the City has no choice in the matter. Ms. Humphreys is not the issuer, she is the applier. Ms. Humphreys responded she would like to have entertainment for special events a few times a year. Mr. Hawkins added that there are temporary special event licenses. A business can have four a year and the license applies for a 24 hour period. He can get more information on that. Mr. Repke stated that the owner comes to them for temporary licenses. Ms. Moermond stated she would like to elimivate #5 as a condition. At the very least, she would like the verb to be changed. Mr. Repke responded all the conditions were to give solace to the neighbors that it would not be a pmblem. The concern is the lack of limitarion on the license. The board members thought about figuring out a way to apply for an entertainment license and restrict the number of times the owner would use it. The concern is a full blown entertainment license, as parking is some distance away and the houses are so close. Ms. Moermond recommends deleting Condition 5, as it is bad language to begin with. Ms. Humphreys asked about Karaoke. Mr. Hawkins responded it is Entertainment A, which does not include dancing or audience participarion. That is the same parking calculation as there is now. Ms. Moermond stated a temporary license does not require the neighborhood to be notified. Entertaimnent A and B licenses require neighborhood notification. This particular condition does not limit her from applying for these things. Ms. Moermond asked the business plans that necessitated applying for this license. Ms. Humphreys responded she is doubling the bathrooms and expanding. Her building was long and narrow. Other than that, it is basically the same. It is a neighborhood baz. Regazding the door in the back, asked Ms. Moermond, is it set up to lock from the outside. Ms. Humphreys responded it is and it has a crash bar across the door. Ms. Moermond asked does the door and the parking have the right signage. Ms. Humphreys responded yes. Ms. Moermond stated she will recommend that the license be approved with Conditions 1 through 4 as listed on Page 1. The hearing was adjourned at approximately 1020 a.m 0 �,� �.,, �. ' ; � nui191iu I ��« „ CITY OF SAINT PAUL OFFICE OF Tf� CI'i'1' COUNCIL F�CSL`IIZ.E TR�\TSIIISSION COV�R SHEET TO: FROM: F �Y #: RE: DATE: L • 2lJZe�/c /yI �iQi L-L�� , � �.� �� 9s7 ��� Note: Facsimile operator, please deliver this transmission to the above addressee. If you did not receive ali of the pages in good condition, . please advise Janie Lafrenz at (651) 266-3560 at your earliest convenieace. 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