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05-310Council File # OS' 3� 0 Green Sheet # ��,5�1Z RESOLUTION CITY� SAINT PAUL, MINNESOTA /,+ i '7� Presented Referred To Committee Date 1 WIIEREAS, the Legislative Hearing Officer recommends that license application (ID #0021520) for Malt On Sale 2(Strong) License by 128 Cafe, 128 Cleveland Avenue North, be approved with the following conditions: 3 1. Wine and beer may be served as menu items only; 4 2. The commercial use is limited to that portion of the southwest corner of the lower level of the building (24' x 5 60') formerly known as Stewarts Restaurant; and 6 3. The business hours of the premises will be restricted to 7:00 a.m. to 10:00 pm. 7 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 8 application with the aforemenfioned conditions. Requested by Deparhnent of: � Fortn Approved by City Attomey � Approved by Mayor for Submission to Council /D,��� � _ . ...�-�� �� �.- �� . ��` ! '�C � Adopted by Council: Date Q�� e��s Adoption Certified by Coy�il Secretary � ,.._ _ . _., os- 3ro � Green Sheet Green Sheet, Green Sheet Green Sheet Green Sheet Green Sheet � co -co„�, ContaetPerson & Phone: Marcia Mcertnond 6-8,�'75 Must Be on Council Aqen� Co[ttractType: RE-RESOLUiION 31-P.MR-05 � ' 0.ssign Number For Routing Order Total # of S ign aW r e P age s _( Clip All Locations for Signature) Action Requested: Resolution approving the license applicarion wifh condirions, per the Legislarive Hearing Officer, for Malt On Sale (Strong) License by 128 Cafe, 128 Cleveland Avenue North. or Reject CosVRevenue Budgeted: Planning Commission 9, Has this personlfirtn eeerwo�Cetl undera coMractforthis department? CB Gommittee Yes No Ciul Senice Commission 2. Has this persoNfimi e�er been a city employee? Yes No 3. Does this persorJfirtn possess a skill not normally possessed by any current cdy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, WhaR �en, Where, Why): Advantaqes MApproved: Disadvanqpes If Approved: DisadYantages lf Not ApprOVed: Total Amount of Trensaction: Funding Source: Financial Information: , (Explain) Green Sheet NO: 3025975 DeDattment SentTo Person 0 o c� I 1 ouncil De srtm t Direetor 2 'lv Ckrk (Stv Cieck 1 3 4 5 Personal Service ConVacts Must Mswer the Following Questions: Actfvitv Number. �.h� ��Sa�PCh �%�rtt�?Y . r ,�: �; � � � March 31, 2005 19:50 AM Page 1 oS� 3/0 MINUT`ES OF THE LEGISLATIVE HEARING 128 Cafe -128 Cleveland Avenue Wednesday, March 30, 2005 Room 330 City Ha1UCourthouse Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 2:00 p.m. STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection (LIEP) and Jeff Hawkins, LIEP Marcia Moermond explained that this license applicarion required neighborhood norificarion. Two letters objecting to the issuance ofthis license were received which necessitated a hearing. There were three possible outcomes of this hearing: 1) the license would be issued without conditions, 2) the license would be issued with conditions, 3) the license would be referred to an Administrative Law Judge (ALJ). The ALJ process could involve four to six months and typically the interested parties engage legal counsel which made it was more expensive and time consuming. Ms. Schweinler stated this was an application for on-sale malt license (strong) beer. On February 25, 2005 the change of non-conforming use, with conditions, was approved by the Planning Commission. Those conditions were: wine and beer may be served as menu items only, which was in accordance with state statute; the commercial use was lnnited to that portion of the building formerly known as Stewart's Restaurant; and the business hours of the premises be restricted to 7:00 a.m. to 10:00 p.m. LIEP's recommendation was for approval with those conditions. Mr. Hawkins stated the non-conforming use change was made to allow sales of malt liquor. The previous condition was for sale of wine only. Staff recommended approval and the Planning Commission recommended approval with the three conditions. Brock Obee, owner, appeared and stated he had been in business at this location for eight yeazs. His costumers had requested he serve beer, in addition to wine, and it was tus desire to improve his business to cater to his clientele. He noted he did not market to students from St. Thomas University; this was a neighborhood restaurant as well as a destinarion restaurant for fine dining. He understood the concerns of the neighborhood with the granting of this license were it could transfer to a subsequent owner. He was advised that if he sold the business, the new owner would be required to apply for a new license as this ficense would not transfer. Ms. Schweinler stated city ordinances do not allow for the transfer from person to person or place to place of any license. Any new owner would need to go through the applicarion process for a new license. Mr. Hawkins clarified that the non-conforming use permit would remain with the property so that any new owner would not need to go through that process again. Steve Wolfe, 2052 Selby Avenue, appeared and stated he had concerns with the addition of beer sales at this location. It was across the street from the University of Saint Thomas and his fear was students drinking. He did agree the current restaurant was a great addition to the neighborhood, oS- 31O Minutes of the Legislarive Hearing - Cafe 128 - 128 Cleveland Avenue Page 2 however, he was highiy concemed if the business was sold to a new owner. There were problems with previous owners and management conceming noise, litter, and neighborhood disturbances. He understood the license would not transfer, however, he believed it would be difficult for the city to deny a new owner the same licenses. His ma}or issue was with over consuxnption of alcohol, noise from people leaving the establishment and sneaking alcohol into the pazking lot. Tlus was especially prevalenY with the "pariy houses" in the neighborhood. Ms. Schweinler clarified this was a strong beer license in conjunction with an existing wine license. Both carry the same condirions as state statute, along with city ordinances, that they be in conjunction with food, as a menu item only. This requires sixty (60) percent of their gross proceeds being aliotted to food. Mr. Obee must provide proof of receipts on the sale of alcohol in relation to food. Mr. Hawkins sated no one would be able to go into the restaurant and order six beers without ordering a food item or they would be in violation of the license. Also, the non-conforming use permit restricted hours of operation from 7:00 am. to 10:00 p.m. Ms. Moermond stated she also received a phone message from Teri Geis, 2034 Selby, who indicated she and her husband were opposed to the sale of more alcoholic beverages at this location believing it would cause more problems, that they have smali children and did not believe it contributed to a wholesome environment far their upbringing. A letter was received from Robert and Dorothy Rongitsch, 2030 Laurel, stating they didn't believe the use was appropriate at this site and were also concerned with "party houses." She had also received a phone call from Scott Banis, president of the Merriam Park Community Council, but was unaware as to their position on this issue. Mr. Hawkins responded that the Merriam Park District Council was in fauor of the non- conforming use permit at the P12m�ing Commission. He presented a letter in support. Ms. Schweinler stated if there was a violation on the sale of alcohol, the city could take adverse action against the license and the non-conforming use permit would also be revoked. If a license were ever revoked at this business, a license for beer and wine to a new owner would not be granted. Ms. Moermond reconnmended granring the license with the conditions which had been adopted by the Plavning Commission. The heating was adjourned at 2:40 p.m. vms