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04-99Council File # Q� 7 7 Green Sheet # 3010956 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To �� Committee Date WIIEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20030003900) for Liquor On Sale-Over 100 Seats, Liquor On Sale-Sunday, and Restaurant-More than 12 Seats Licenses by D& N, Inc., doing business as Mai Village Restaurant, 394 University Avenue West, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Na s Absent Benanav ✓' Bostrom ✓ Hazris i/ Helgen ✓ Lantry i/ Montgomery r/ Thune �/ - �t c� a Adopted by Council: Date �� ��� v� Adoption By: Approved By: Requested by Depaztment of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � Green Sheet Green Sheet _ O�l � � Green Sheet Green Sheet Green Sheet Green Sheet � Departmem/office/wuncil: Date Initiated: co -��� Z�� Green Sheet NO: 3010956 Contad Person & Pfione: DevartrneM Sent To Person InitiaVDa[e Marcia Mcertnond � 0 ouncii Z ��� A55ign 1 ouncil De ardneotDireMOr Must Be on Couneil Agenda by (Date): Number 2 erk Por Routing 3 Order 4 5 ToWI # of Signature Pages _(Clip All Lceations for Signature) Action Requested: Approving applicalion, per the Legislative Heazing Officer, for Liquor On Sale-Over 100 Seats, Liquor On Sa1�Sunday, and Restaurant-More than 12 Seats by D& N, Inc., DBA Mai Viliage Restaurant, 394 University Avenue V✓est. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must A�swer the Following QuesGons: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee • Yes No � ° � - Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/ilrm possess a skili not normally possessed tiy any current ctty empioyee? Yes No Explain all yes answers on separete sheM and attach to gree� sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantapeslfApproved: - Council Research �enfer Disadvantapes If Approved: JHI� �, � GU�T DisadvanWAes If NotApproved: � � ToWI Amount of CosURevenue Budgeted: Trensaetion: Funding Source: Activitv Number. Financial Infortnation: (Explain) ��t� �� ��- �� MI1VI7T'ES OF THE LEGISLA"ITVE HEARING MAI VILLAGE RESTAURAN'i' - 394 University Avenue West Monday, January 12, 2004 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:00 a.m. STAFF PRESENT: Christine Rozek, License, Inspections, Environmental Protection Mazcia Moermond explained that this is an application for Mai Village Restaurant for Liquor on Sale-Over 100 Seats, Liquor on Sale-Sunday, and Restaurant-More than 12 Seats. This is an informal hearing for the City Council. These hearings aze held whenever there aze concerns for the issuance of a license that requires the neighbors to be notified. Both of these liquor licenses require the neighbors to be notified. Ms. Moermond has received objections in writing. At the end of this hearing, she will make one of three recommendations for the City Council: 1) grant the license with no condifions, 2) grant the license with conditions that have been agreed to by the owner, 3) send the matter to an Administrative Law Judge. If the owner do not agree with conditions that Ms. Moermond thinks aze necessary or if she thivks the application should be denied, then she will recommend sending this to an Administrative Law Judge. The application would not be denied at this level. Christine Rozek explained that this application is for On Sale Liquor, Liquor on Sale-Sunday, and Restaurant Licenses for D& N, Inc., doing business as Mai Village Restaurant at 394 University Avenue West. Environmental Health will need to inspect the facility and give a final inspection before opening. Fire needs to make a final inspection. Licensing will approve the license when a11 the inspections are in. Zoning needs to make a final inspection. There are no adverse actions against the current licensee. LIEP's recommendation is approval. The following appeared: Ngoan Dang and My-Dung Nguyen, 394 University Avenue West. Ms. Dang stated she has been there 13 years. They have enough experience to expand their business. Mr. Nguyen stated they are trying to make the area better. Ms. Dang stated that when people come in waiting for a seat or friends, they can have one ar two drinks. She wants the neighborhood to go up and not down. If people are already druuk and come to the restaurant and ask for more, they will be refused. Mai Village Restaurant has a good reputation and they do not want to ruin it. Ms. Moermond stated she received a letter from Vang Houa Lee, 386 Sherbume Avenue, who asked if this would be operating as a restaurant or a baz. Ms. Rozek responded Mai Village Restanrant has the option of operating as both. It is a regular on-sale liquor license. The license would aliow them to sell liquor separately. ��- LEGISLATIVE HEARING MINiJTES FOR MAI VII,LAGE RESTAURANT Page 2 Ms. Moermond asked aze they open until 11:00 p.m. Ms. Dang responded that they have to close at 9:00 without the liquor license. If they get the license, they plan to open on the weekends until midnight. They have to see about staff. If they do not have any business, they may close at 11:00 p.m. Ms. Moermond stated another letter is about police calls, maintenance of the properry, and requesting a fence be installed on one side of the properry. Ms. Moerxnond assumes that there was a site plan review many yeazs ago. Ms. Rozek responded that 394 University is a new building, so there has been a site plan review done. Ms. Moermond asked about installing a fence on the Aurora side of the property. Ms. Dang responded they already have a fence. They had to tear it down for the new construction. They will install another fence along Western Avenue. She does not understand what the person was talking about, but they will always haue a fence along Aurora and University Avenues. Ms. Moermond stated this person also mentioned the concern about police calls. Mr. Nguyen responded this will be a new restaurant right next to the old facility. He did not have calls from the police at the other facility. Ms. Moermond asked were there calls to 392 University, as mentioned in the letter. Ms. Dang responded that would be the church. Ms. Rozek added that there were a number of police calls to the church next door. Ms. Moermond stated there is a letter from James McDonough, Summit University Planning Council, indicating that their office has not received any objections to the issuance of the license application. They recommend that it be approved as requested, but they did not have the board review the recommendation unril January 22. James McDonough, Summit University Planning Council, 627 Selby Avenue, appeared and stated the board meeting has been rescheduled to January 15. The board has been supportive of Mai Village. Ms. Moermond recommends the City approve this license application without conditions. The heazing was adjourned at 10:21 a.m. rrn