06-30Council File # � - 3�
RESOLUTION
Presented
Referred To
�T`(
NT PAUL, MfNNESOTA
33
Committee Date
WIIEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20050003881) for
Wine On Sale, Ivlalt On Sale (Strong), and Restaurant Licenses by Jaro Investment, Inc., doing business as
Italian Pie Shoppe & Wanery, 1670 Crrand Avenue, be approved with the following condition:
Per City of Saint Paul Legislative Code 409.15: The sale of Wine On Sale and Malt On Sale (Strong)
will take place only in conjunction with the sale and service of food (menu item only). Copies of gross/
revenue receipts from the sales of food, wine, and beer showing at least sixty (60) percent attributable to
the sale of food shall be made available for review upon request of the director of the Office of License,
Inspections, and Environmental Protection or his/her designated representative;
THEREFORE, BE IT I2ESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the aforementioned condition.
Yeas � Nays
Benanav
Bosh�om
Harris
Helgen
Lanhy
Montgomery
Thune
✓
✓
✓
✓
✓
I
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Absent
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Adopted by Council: Date
Requested by Deparknent of.
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
Adoption Certified y Council , eaetazy
By: 2 B
Approved by Ma � /` /m
By:
Green Sheet # 3029243
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DeparhnenUoffice/counciL• Date Initiated:
co -�ow�il 2�-oE�S Green Sheet NO: 3029243
CofMact Pe'son 8 Phone: � Deoar6nent SeM To Person InitiaUDate
Marcia Moertnond � 0 o ncil
266-8560 pu�yn 1 ouncil De arhuentDirecror
Must Be on Council Agenda by (Date): Number y ; C1erk
Fof 3 �
Routing
Order 4
5
Total # of Signature Pages _(Ciip All Locations for Signature)
Action Requested:
Approving the license applicarion, per the Legisia6ve Hearing Officer, for Wine On Sa1e, Malt On Sale (Strong), and Restaurant
Licenses by Jazo Investment, Inc., doing business as Italian Pie Shoppe & Winery, 1670 Grand Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this depaRment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3., Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes Ido
Explain all yes answers on separete sheet and attach fo green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantaqes lf Approved:
Disadvantapes If Approved:
DiSadvanWqes If NotApproved:
Total Amount of CosURevenue Budgeted:
Transaction:
FundinSl Source: ActivitY Number:
Financial Information:
(E�cplain)
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MINUTES OF THE LEGISLATIVE HEARING
ITALIAN PIE SHOPPE & WINERY —1670 GRAND AVENUE
Tuesday, December 27, 2005
Room 330 City Ha1UCourthouse
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:05 a.m.
Staff Present: Jeff Hawkins, License Inspector and Zoning Inspector
The following appeared: Jim Basta, Sr.; Jim Basta, Jr.; Rosie Basta.
In answer to several questions, the Bastas responded that they have been in business since 1984
and aze changing locations.
Mazcia Moermond explained this is a Class N license which means it requires community
notification. A letter was received in concern and that triggered this hearing. The purpose of
this hearing is to come up with one of three possible recommendations for the City Council to
consider: 1) issue the licenses with no conditions, 2) issue the licenses with conditions which the
applicant agrees to, or 3) refer this matter to an Administrative Law judge. This will happen if
there are conditions that Ms. Moermond feels are necessary but the applicant does not agree to
them or thece is no way this use will work in this location. She will hear first from staff, then she
will talk with the applicant, talk with anyone with concerns, and then talk to the applicant again.
Jeff Hawkins reported this is for 1670 Grand Avenue, Italian Pie Shoppe and Winery. The
application is for Wine on Sa1e, Malt on Sa1e (Strong), and Restaurant License. There is one
condition: "City of Saint Paul Legislative Code 40915: The sale of Wine On Sale and Malt On
Sale (Strong) will take place only in conjunction with the sale and service of food (menu item
only). Copies of grosshevenue receipts from the sales of food, wine, and beer showing at least
sixty (60) percent attributable to the sale of food shall be made available for review upon request
of the director of the Office of License, Inspections, and Environmental Protection or his/her
designated representative." This comes from the state statute. Mr. Hawkins was unable to get
ahold of the inspector from environmental health, so he does not know if plans have been turned
in. Mr. Basta, Sr. responded that plans have not been turned in.
Mr. Hawkins continued and said that there were building code issues with ventilation. Mr.
Basta, Sr. responded that they have contracted with Air Conditioning Associates, and a permit
will be pulled.
Mr. Hawkins continued with his report: Fire requirements have been met, Zoning is approved,
Licensing is still waiting for proof of liquor liability insurance, to which Ms. Basta stated she has
it with her.
Mr. Hawkins recommends approval on condition that the mechanical ventilation requirements
aze met.
Ms. Moermond asked is the Italian Pie Shoppe on lower Grand and is this about a move. Mr.
Hawkins responded they are moving by Macalester College.
O(c 3c�
ITALIAN PlE SHOPPE & WINERY, 1670 Grand Avenue Page 2
Ms. Moermond asked about the pazking issues. Mr. Hawkins responded it was a restaurant. The
lack of pazking was grandfathered in. The pazking calculations for any restaurant is a11 the same:
one space for every 125 square feet. If it jumped to a full liquor establishment or an
entertainment license was added, then the pazking requirements would kick in.
Mr. Basta, Sr. stated the new location was a pizza operation for about 20 yeazs, and Italian Pie
Shoppe was on lower Grand since 1984 and the Bastas simply purchased her business. This new
location had a full Italian menu and the Bastas have a full Italian menu of sandwiches and pizza.
The bulk of their business is pizza at about 70%. The liquor is minor at about 5 to 6 percent of
their sales. It is strictly a change of ownership. They aze using the equipment of the new
location and adding tables and decor.
Ms. Moermond asked what is the name of the previous business. Mr. Basta, Sr. responded
Risimini's. Their location on Grand has been sold.
John H. Driggs, 1678 Lincoln Avenue, appeared and stated he represents a group of neighbars on
Lincoln Avenue. They aze generally supportive of the restaurant. The biggest question is the
restaurant going in next door and concems about parking spaces. There aze several houses on
Lincoln Avenue that do not have off street pazking. They were hoping that spaces could be
rented to take some of the cazs off of Lincoln. They are also concemed about the loud
ventilation system. They have had trouble with Macalester's loud air conditioning system, and
Macalester made some modification to the building. Risimini's was a good neighbor. People in
general aze happy with the Italian Pie Shoppe coming.
Mr. Basta, Jr. stated they have been on Grand Avenue for 25 yeazs and have dealt with the
neighborhood. They do not have compiaints against them for liquor or not getting along with the
neighborhood. They work with the neighbors. He has been working for two years to acquire
that space. He realizes there are parking issues.
Mr. Driggs asked have they tried Pantagonia. Mr. Basta, Sr. responded Pantagonia has a 20 year
lease with Macalester College, which is unbreakable. He has talked with Best Hardware and
they need all their parking. He contacted the Thai restaurant across the street, and was turned
down. The:e is a lot of parking on the other block down. Mr. Basta, Jr. added that Grand opens
up in the evening.
Mr. Driggs asked about Ramsey Juniar High. Mr. Basta, Jr. responded that Ramsey does not let
anyone park in the lot. Mr. Hawkins responded parking there is not permitted without a
conditional use permit from the Planning Commission. There is a variance hearing coming up
for the new Middle Eastem restaurant. They tried to go to Pantogonia. They do not care if
anyone parks there, but they cannot write a lease on it because it is subiet.
(There was some discussion about the Middle Eastern restaurant opening in the azea.)
Mr. Basta, Jr. stated he would like to go on the good faith that he has been in the neighborhood
for 25 years. He will acquire parking if he can. He grew up in the neighborhood and they have
been there all their lives. If they could locate a space on Grand with more parking, they would.
Mr. Hawkins responded that is a lot of foot traffic on Grand. He has been out there several times
while surveying the area looking into the new resiaurant. There was plenty of spaces on the
street to park.
ITALIAN PIE SHOPPE & WINERY, 1670 Grand Avenue Pag 3��
Ms. Moermond asked is there residential parking for Lincoln. Mr. Hawkins responded not in
that area.
Mr. Driggs stated that it is helpful to hear that the Bastas have tried to acquire pazking.
Mr. Basta, Jr. stated that the businesses on lower Grand try to shaze the lots.
Mr. Driggs reiterated that their biggest concern is noise from the ventilation system. Mr.
Hawkins responded that the Bastas aze putting in new equipment, and the new ventilation
systems aze fairiy quiet. Mr. Basta, Jr. added that the new equipment is mounted within the
building in the warehouse section to suppress the sound. The neighbors will not heaz it nuuiing.
He went by the minimum he could to accommodate state's requirements. His permit should be
in within a day or so. Hopefully, they will be good neighbors.
Ms. Moermond recommends approval of the license application with the one condition
recommended by LIEP, which is a restatement of the code. She will not be talking about parking
because it is grandfathered in. It sounds like the new ventilation system could not be better. The
last thing is a quick look at the liquor liability.
Mr. Basta, Sr. said they are not out of their existing location. Ms. Basta stated that their license
expires January 1. She applied for and paid for the new one. Mr. Basta, Jr. stated they open the
new location in February. They would open up next week if they were able to. Since they have
to install equipment, it looks like February 1.
Ms. Moermond asked will they have both businesses operating at the same time. Ms. Basta
responded no.
In summary: Ms. Moermond recommends approval of the license application with the following
condition: "Per City of Saint Paul Legislafive Code 409.15: The sale of Wine On Sale and Malt
On Sale (Strong) will take place only in conjunction with the sale and service of food (menu item
only). Copies of gross/revenue receipts from the sales of food, wine, and beer showing at least
sixty (60) percent attributable to the sale of food shall be made available for review upon request
of the director of the Office of License, Inspections, and Environmental Protection or hisJher
designated representative."
The hearing was adjourned at 10:43 a.m.
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