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06-583CouncilFile# �� � Presented by_ Referred To Green Sheet # 3031174 � Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license applicauon for a Tattoo Parlor License by Jordan Schanche, owner, doing business as Trust Fate Tattoo at 1599 Selby Avenue, be approved with the following condition: Hours of operation will be from 8:00 a.m. to 10:00 p.m. Friday and Saturday, and 8:00 a.m. to 9:00 p.m. Monday through Thursday; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned condition. Yeas Nays Absent Benanav � Bostrom � Harris � Helgen � Lantry J Montgomery �/ Thune � Adopted by Council: Date Adoption Certified By: PAUL, MINNESOTA Requested by Department oE � Form Approved by CiTy Attorney � Approved by Mayor for Submission to Council � Approved by N�y � Date r l �Q �OG� By: ��. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �I�-S�3 DepartmenUOffice/council: Date initiated: co ���;� z��N� Green Sheet NO: 3031174 ConTact Person 8 Phone- ���eM Sent To Person Initial/Date Marcia Mcermond � 0 ouncil 2 �'$�� A55ign 1 ouncil e artmeutDirector Must Be on Council /\qenda by (Date): Number 2 i lerk For Routing 3 Order 4 5 Total # of SignaW re Pages _(Clip All Locations for Signature) Action Requested: Approving license applicarion with condifion, per the Legislative Hearing Officer, for a Tattoo Pazlor License by Jordan Schanche, owner, doing business as Trust Fate Tattoo, 1599 Selby Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked ander 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. Does this person/firm possess a skill not normally possessed Dy any current ciry employee? Yes No Euplain all yes answers on separate sheet and attach to green sheet �nitiating Probtem, Issues, Opportunity (Who, What, When, Where, Why�: � � - Council R�search �ent�r � Advantapes If Approved: JUN �;? 2��69 . DisativantaqeslfApproved: '�."''`°'"�"'�`"`� ��`��� DisadvanWges If NotApproved: Total Amount of CosVRevenue Budgeted: Transaction: Funding Source: Activity Number: Fi nancial Infortnation: (Explain) _ � c��-s�s3 MINUTES OF THE LEGISLATIVE HEAFLING TRUST FATE TAT"TOO — 1599 Selby Avenue Thursday, June 15, 2006 Room 330 Courthouse, 15 Kellogg Boulevazd West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:16 a.m. STAFF PRESENT: Kristine Schweinler and Barb McMonigal-St. Dennis, License, Inspections, Environmental Protection (LIEP) Marcia Moermond reported this is a Legislative Hearing on a tattoo pazlor license. This is a Class N license which means the neighborhood needs to be notified that someone wants a license to operate this type of business at this location. The neighborhood had a certain amount of time to express concerns or objections to the issuance of the license for this location. Letters triggered a hearing. That does not mean the letters have merit. It simply puts us in this setting to talk about the concerns that have been raised. There are one of three possible recommendations from the heazing today: 1) grant the license without conditions, 2) grant the license with conditions, which have to be agreed upon by the applicant, 3) refer the matter to an Administrative Law Judge (ALJ). The ALJ process can take four to six months and involve a hearing in front of a judge. Then, it will come back to the City Council. Kristine Schweinler, License Inspector for License, Inspections, and Environmental Protection (LIEP), appeared and reported that this application is for a tattoo parlor license at 1599 Selby Avenue. LIEP is recommending approval with the caveat that all of the health requirements and building code requirements aze met before they issue the license. It meets the zoning code, and it met the requirements for site plan and licensing. Fire's requirements have been met. Also, LIEP is waiting for the construction to be done before they issue the license. Ms. Moermond asked what kind of business this is. Ms. Schweinler responded it is a mixed use. It appears it is a store front space. There aze buildings next door. They look like they are tied together, but she believes they aze separate buildings. Mr. Schanche responded that this is an independent store front. Ms. Moermond asked is the Norway Construction where the tattoo shop will be located. This is relevant because there are some things only the owner of the property can control. Mr. Schanche responded that the Norway spot will be his spot. He is renting the space. Barb McMonigal-St. Aennis, LIEP, appeazed and stated she is the Environmental Health person that would do the facility review for the tattoo. She received some preliminary plans from Mr. Schanche about 1599 Selby. She sent some correspondence to Mr. Schanche for review of the plans and a site visit. When she arrived at the site, she found all the build out had taken place without the information she had asked for early on. They are in a position now to backtrack and retrofit and provide for what is required within the health code for a tattoo facility. Ms. Moermond asked did it happen without permit. Ms. Schweinler responded some of it probably did, but that is not unusual. LIEP can catch up with that, too. bb-5�s� LEGISLATIVE HEARING MINUTES FOR TRUST FATE TATTOO Page 2 Ms. Moermond asked about his business plans. Mr. Schanche responded he has been a resident artist in the Twin Cities for six yeazs. He has been tattooing. He is licensed in Minneapolis with the regulatory services. He has been working hazd. Owning a shop has been a big dream. In answer to several questions, Mr. Schanche responded he worked near the University of Minnesota for about a year. It was a busy shop and chaotic. More recently, he worked out of a shop called Tattoo Central. More important is his focus on the technical aspect of what he does. He would like to exceed. This is a kind of shot in the dark. He is working hazd to build the safest environment as possible for people to get a tattoo. He has a well established book of business. He has supporters that have helped. As for a business plan, he would like to be long standing. This is where he would like to have a home and family. His business plan is just working hazd. This is his dream and he is passionate about what he does. Ms. Moermond asked is he doing any piercing. Mr. Schanche responded no. If the shop grows and he gets a lot of interest in that, he can approach it then. In terms of the neighborhood, Ms. Moermond asked what his plans are for the look of the outside of the building. Mr. Schanche responded he has been spending time with the businesses collaborating on some ideas about what would fit and look appropriate. They have come up with some ideas. He would like to do something that is painted. As for the window, he would like "appointments prefened walk ins welcome" kind of thing. He would like an open sign. As for the awning, he was thinking about "Trust Fate" and the logo. Theresa Heiland, Merriam Park Community Council, 1684 Selby Avenue, appeared and stated that the boazd met last evening regarding this issue. For the record, the board did not take a position on this when the notice came out about the tattoo parlor. When comments were sent in by a resident, they decided to discuss it last night. There was a reluctance to have any conditions, but it came to a 7-6 vote. Obviously, the boazd was split about this. Some people felt there was this new business owner trying to get a business started, he's bringing a tas base, and he should not have any restrictions on him. And there were some concerns about hours of operation in the neighborhood, pazking, and signage. The board is recommending conditions, which aze based partly on existing tattoo parlors. In terms of operation, they are recommending 130 to 9:00 p.m. Regazding signage, the recommendation is that it not be an illuminating sign and not out of proportion of other signs in neighboring businesses and no larger than other signs azound it. As for parking issues, that can be looked at in a bigger picture for the whole area. Ms. Moermond asked the hours of the other businesses in the area. Ms. Heiland responded that O'Gaza's is open the latest and it is less than a block away. This is what brought the concerns: clientele would be there for late hours and then hang out at the tattoo parlor. She recognizes that there aze stereotypes about tattoo pazlors that not everyone agrees with and there are stereotypes to address here that are not true anymore. Also, there is a coffee shop down the street. The others were more mainstream, 9:00 to 5:00 type of businesses. Cosmic Chazlies is about 10:00. Some have later hours. Ms. Moermond asked is it touched by residential on either side. Ms. Heiland responded the neighbors are commercial on that part of the block. Ms. Moermond asked about the signage for these shops. Ms. Schweinler responded the signage would be regulated by ordinance. O(o ��� LEGISLATIVE HEARING MINUTES FOR TRUST FATE TA7T00 Page 3 Ms. Moermond asked for clarification on the 7-6 vote. Ms. Heiland responded it is 7-6 in favor of conditions. Ms. Moermond asked was Mr. Schanche present at the meeting. Mr. Schanche responded no. Ms. Heiland responded they did not have contact. Normally, someone would contact the potential owner, and that did not happen. Ms. Moermond asked about hours. Mr. Schanche responded he is thinking no later than 10:00. If there aze conditions, he would like a no open sign but to accommodate an appoinhnent. He is thinking about extended hours for summer with more daylight, maybe noon to 8:00 in the fall, 10:00 to 8:00 on the weekends. A.M. is not so much a concern, and he is not looking to cater to the O'Gaza's crowd. As for hours, he is open-minded. He does not know what will accommodate the neighborhood. He is thinking no later than 10:00. Ms. Moermond stated she is inclined to go longer than what the district council is recommending. The noise would be one vehicle and a second or third vehicle occasionally with people shopping. They are not talking about a coffee shop with a lot of pedestrian traffic. She is not inclined to regulate him at all. She is starCing with hours between 8 a.m. to 10:00 p.m. Friday to Saturday, 9:00 closing on Sunday through Thursday. Mr. Shanche concuned. Ms. Heiland asked would it be an 8:00 a.m. start time Sunday through Thursday. Ms. Moermond responded she thinks so. It would be the same expectation for a coffee shop. Mr. Schanche responded he usually does get started late at about 11:00 a.m. He does not know what the business will be after 7:00 or 8:00. Things are not open much later than 8:00 or 9:00. He does not see himself early. Maybe 11:00 to 7:00 would work. Ms. Moermond asked does he want to take an appointment if someone wants to come in at 8:00 a.m. on Friday to do a four hour tattoo. Mr. Schanche responded yes. Ms. Moermond asked about additional chairs if he wants a partner to come in. Ms. Dennis stated that currently the ordinance is strictly for the tattoo facility. There was not state-wide legislation passed this session to supersede a City of Saint Paul ordinance. Ms. Schweinler added that there is just the facility law right now. Ms. Moermond asked what this space can accommodate for additional practitioners. Ms. St. Dennis responded that is an ample space, and she believes he can have another person in there. Ms. Moermond stated she received several letters: Gayle Winegaz, President of Sweatshop, 167 Snelling Avenue North, appeared and stated that this will have a negative impact on the business and the clientele will make some of their customers uncomfortable. Eugene Cha, 1627 Hague Avenue, wrote that he is associating abhorrent behavior with tattoo pazlors, alcohol containers, and garbage. Christine Hochstatter and Rick Caldwell, 1623 Hague Avenue, wrote that they aze opposed to this type of business, the clientele, noise, traffic, disturbances, and property values. Charles Dill, 2188 Wellesley Avenue, wrote that they have already dealt with the sauna, massage parlor, pool hall, liquor store, he would like to see positive change, and tattoo parlors indicate it is a declining business district. Also, an anonymous phone call was received, and the caller believes that tattoo parlors bring loud motorcycles, drmilcs. He would like to remain anonymous O� ��3 LEGISLATIVE HEARING MINUTES FOR TRUST FATE TATTOO Page 4 because he feels someone may retaliate against him. He has concerns about property crime, bazs, and disorderly people. Ms. Moermond asked aze there any studies to show that there are increases in beer bottles, motorcycle presence, pedestrian tr�c, or anything of this nature associated with the tattoo pazlor land use. With her prior experience, responded Ms. Schweinler, most of them do not create a lot of traffia lYs like hair shops and nail salons in a small shop dealing with one or two clients at a time. Ms. Moermond stated there are sign ordinances that would affect this and this would be the responsibility of the leaser of the space. She is not going to recommend conditions with respect to that. Mr. Schanche has less of a parking need than the company that is currently there. Mr. Schanche responded that he has a designated spot for Trust Fate Tattoo. There is parking right around the corner. He has posted letters that people cannot park in the pazking lot. The parking on his street is not reinforced. That is a big concem with the azea. There is plenty of parking around the corner. There is just a question of finding a parking spot. Ms. Moermond suggested the owner get to know the district council. They make better friends than enemies. Interacting with business owners and neighbars will lessen the tension considerabiy. If they aze a good neighbor, they can put a lot of stock in how they present their store front. Mr. Schanche responded there is a way to keep it sophisticated and classy. Ms. Moemrond recommends the Council grant the license with the following condition: Hours of operation will be from 8:00 a.m. to 10:00 p.m. Friday and Saturday, and 8:00 a.m. to 9:00 p.m. Monday through Thursday; The hearing was adjourned at 10:57 a.m. rm