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06-618Council File # 0��6t Green Sheet # 3031027 RESOLUTION 41NT PAUL, MINNESOTA �,3 Presented by Referred To Committee Date W fIEREAS, the Legislative Hearing Officer recommends that the license application for a Liquor-Outdoor Service Area (Sidewallc) license by Andrew Kappas, Inc.; Cheri Kappas, Vice President; doing business as Gopher Bar at 241 Seventh Street East, be approved with the following conditions: 1. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the licensed premises. 2. No sidewalk cafe shail be permitted in any portion of the public sidewalk where normal pedestrian tra�c flow is obstructed. A minimum clearance width of thirty six (36) inches must be maintained on the public sidewalk at all times. 3. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used far the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition. 4. The use of a portion of the public sidewalk as a sidewalk cafe sha11 not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or manholes, or any public initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. 5. It shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean, and presentabie condition. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. 6. No outdoor food andior beverage preparation is allowed on a public sidewalk without prior approva] and additional licensing from LIEP. 7. Chairs shall be placed only on the 7th Street side of the business. No more than eight chairs will be permitted in the sidewalk cafe area, and chairs can extend no more than 9 feet into the public right of way. 8. Alcohol will not be permitted in the sidewalk cafe after 10:00 p.m. 9. The licensee is responsible for patron behavior on the premises, including the sidewalk cafe. The licensee must monitor patron bahavior to insure respect for the residential chazacter of the neighborhood and to prevent disturbance behavior. 10. Licensee must provide a receptacle far trash on the sidewalk cafe and at least one receptacle for smoking materials per two chairs. 11. Licensee will provide staff to pick up trash at least once daily in the outdoor areas adjacent to the establishment. 12. Patrons will leave a driver's license with bar staff in order to secure an outdoor chair. In addition, patrons will be able to purchase only one drink at a time for consumption in the sidewaik cafe azea; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Green Sheet 3031027 Page 2 �!o Yeas Nays Absent Benanav � Bostrom �/ Harris � Helgen � Lanhy ,/ Montgomery r Thune y� � Adopted by Council: Date �/j/�t �/ ��lJl Adoption Certifie b Council B}': / � //i/J % � lLSbi1 _ Approved by ri�6v�r: Date (d (/iY / Dy BY� LL'� � �l-�� Requested by Department of: � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Counci] � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� ���� DepartrnenUofficelcouncil: Date Initiated: �o ��il ,�,�N-� Green Sheet NO: 3031027 Contaet Person 8 Phone: �oa�hne�t Sent To Pe�son lnitialNate Marcia Mcermond � 0 cii Z ��� Assign 1 ouncil De eo Director Must Be on Council Agenda by (Date): Number g q sk For Routing 3 Order 4 5 Total # of SignaW re Pages _(Clip Ail Locations for Signature) Adion Requested: Approving the license application with condirions, per the Legislative Hearing Officer, for a Liquor-Outdoor Service Area (Sidewalk) license for Andrew Kappas, Inc., doing business as Gopher Baz, 241 Seventh Sireet East. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Pianning Commission 1. Has this person�rm ever worked under a contracf for fhis department? CIB Committee Yes Na Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person�rtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, Whe�, Where, Why); AdvanW�7es If ADaroved: DisativanWpes If Approved: Disadvantages If Not Approved: Total Amount of C�1/Revenue Butlgeted: Trensaction: � FundinA Source: Ac6vity Number. Fi nancial Information: (6cplain) ��� \� � ��� MINUTES OF THE LEGISLATIVE HEARING GOPHER BAR — 241 Seventh Street East Monday, June 5, 2006 Room 330 City Ha11, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:09 a.m. STAFF PRESENT: Rachel Gunderson, City Attorney's Office; Christine Rozek, License, Inspections, Environmental Protection (LIEP) Marcia Moermond explained that this legislative hearing is about an add-on to a liquor license at the Gopher Baz. The ownet is listed as Andrew Kappas. Cheri Kappas, Vice President of Gopher Bar, appeared and stated George Kappas is the President and Phillip is the secretary. Andrew Kappas is dead. Ms. Moermond explained the process for this Legislative Hearing: she wiil get a report from LIEP staff about the application, talk to the applicant about the business plans, listen to people who aze in favor of or opposed to this license application, address the concerns in the letters for those peopie who aze not present at this hearing, and she will conclude by talking to the license applicant about addressing the concerns. Christine Rozek, LIEP, appeazed and reported that this is a request to add a liquor outdoor service area--sidewalk cafe--to the liquor license held by Andrew Kappas, Inc., doing business as Gopher Bar, at 241 East Seventh Street. LIEP is recommending approval with a number of conditions of the license. These conditions aze essentially a repetition of what are already in the City ordinances: 1. The sidewaik cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the licensed premises. 2. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of thirty six (36) inches must be maintained on the public sidewalk at all times. 3. No tables, chairs, or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condiCion. 4. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or manholes, or any pubiic initiated maintenance procedures, shall take precedence over said use of the public sidewalk at all times. 5. It shall be the duty of the licensed food establishment to maintain each plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind sha11 be dispiayed upon any tree or plant or its tub. 6. No outdoor food and/or beverage prepazation is allowed on a public sidewalk without prior approval and additional licensing from LIEP. C�-��� LEGISLA7IVE HEARING MINUTES FOR GOPHER BAR Page 2 Ms. Rozek stated the intent is to set up chairs along the building and there will be no food service or preparation outside. LIEP is recommending approval, but there is a pending adverse action against this building for violation of the smoking ordinance. Ms. Moermond asked is the 36 inch width the ADA requirement. Ms. Rozek responded she is not sure if it is ADA or part of the building, but it is required to be wheelchair accessible. Ms. Meormond asked was there a site plan for the width of the sidewalk. Ms. Rozek responded there is a plan that indicates there is a three foot clearance. Also, it looks like the applicant is requesting five or six chairs on the side of the building. Ms. Moermond asked the width of the sidewalk. Ms. Rozek and Ms. Kappas responded that they did not know the answer. Ms. Moermond asked is the sitting area going to be on Wacouta. Ms. Kappas responded she would be okay with that. The Sevettth Street side has a wider sidewalk. Ms. Moermond stated there are one of three possible outcomes from today's Legislative Hearings that she can recommend to the City Council: 1) approve the application without conditions, 2) approve the license with conditions that are agreed upon by the applicant, ar 3) refer to an Administrative Law Judge (AL�. The ALJ process would be used if they cannot come to an agreement that makes this a workable change to the license or there is no way to make this land use consistent with what the neighbors are looking for. That process is involved, and there would be four to six months before it reaches final resolution. Ms. Kappas responded she basically just wants it for the siunmer. Ms. Kappas stated she wanted this on the Wacouta Street side, but after reading the letters from the Essex people, the Seventh Street side would be fine a1so. There wouldn't be many chairs. The sun burns on the Wacouta Street side. They would also like the limited hours; they do not keep the baz open until 1:00 every night. They would obey the noise ordinance obviously, but there would be no actual serving of food or beverages outside. They would have to leave their I.D. with the bartender and then get a chair to sit outside. They would get one cocktail at a time, and not get another cocktail until they bring their empty container into the baz. This will control two things: trash and any minors being served. When the person is done drinking, they bring in their chair, and get their I.D. back. Aiso, they would know who would be outside because they would have their I.D. If there is a problem with a person, they would not be allowed a chair and be blacklisted. 4Vhether they get a patio or not, they will still be outside smoking. She is trying to make it easier for everybody else. In answer to several questions, Ms. Kappas responded they will be using plastic chain to rope off the seating. There will be camping chairs with cup holders so there is less likely to be breakage. There will be a bucket with sand in it for cigazette butts. Ms. Moermond asked about the requirements of smoking outside of the premises and to what extent the establishment is responsible. Ms. Rozek responded the establishment is responsible for its patrons whether they aze standing outside the front door or inside the establishment. There have been some issues with people now standing to smoke outdoors and noise issues, but the bar is responsible far their people. Ms. Kappas added that they are not responsible for people walking by. 0���� LEG{SLATIVE HEARlNG MINU7ES FOR GOPHER SAR Page 3 Ms. Moermond asked about hours. Ms. Kappas responded no later than 10:00 p.m. Jessica McConaughey, 445 Wacouta #111, Essex on the Park Condominiums, appeazed. She is here on her own behalf and not speaking for the condominium association. Some members forwarded letters. The outdoor licensing for alcoholic was not thoroughly thought through; however, what she heazd today makes her think it was thought through. She has lived at this address for four yeazs. Her condominium unit faces south that is a courtyard that runs perpendicular to Wacouta. A lot of the noise and foot traffic that comes from Wacouta Street goes down the courtyazd azea. She is sensitive to any noise or foot traffic that goes through there. They cannot monitor or block people from going through that couriyazd. There seems to be a correlation between bar closing time and increased foot traffic and loud noise, including profanity and yelling. She cannot prove where they are coming from. They have concerns based on other residence living in the Essex first hand knowledge of physical altercations outside the Gopher Bar. She cannot say for sure where the garbage came from. It could come from anyone because this is an urban area. Her concern is that if the Gopher Bar is allowed to serve alcohol outside, it fuels fire far the loud noise and conduct that comes from individuais after they consume alcohol. Ms. McConaughey would request that the azea be limited to the Seventh Street and not along Wacouta. Wacouta ls more of a residential azea. The time restraints seem prudent. If this is granted, the onus should be put on the bar itself to monitor. Other violations of the law have taken place there. She is not sure the folks nuuiing the Gopher Bar aze taking this seriously. They come here today with a decent plan with the I.D. p1an. In theory that sounds good, but she is not sure how that would be enfarced. If people frequent a certain baz, they may be told to go out there and come back when done. The close enforcement of any permits is important. Ms. Moermond received the following letters: e-mail from David W. Griffin, Homeowner's Association, is concerned about the street location, tables, chairs, the service area, and requested a trial period; Merri Moody, 445 W acouta Street, wrote about cunent behauiors at the bar, current enforcement, and signage issues. Ms. Kappas stated this is the first time she read about the "F--k Dave Thune" sign. That sign is not at the bar. The sign says "Once again the community party of Saint Paul has once again f--ked the people." It is on the inside and may be on the wandow. Ms. Moermond asked the regulation on the use of expletives. Ms. Rozek responded it is a free speech issue and there is nothing they can do about that. The sign is in place and it does face outwazd. LIEP has received complaints about it. Ms. Kappas stated it is not a personai attack on one person. There is a"No Dave Thune" sign there with a picture of him smoking. Ms. Moermond responded she is okay with expietives being inside; however, they are in the business trying to reach some kind of accommodation with the neighborhood. If people choose to walk inside the baz, that is fine. Ms. Moermond would prefer that she not have expletives outside and asked would she be willing to talk about that. Ms. Kappas responded yes. Ms. Moermond stated she would like to condition the license to not havang expletives face the street. (Rachel Gunderson indicated that this condition should not be placed on the license.) Ms. LEGISLATIVE HEARING MINUTES FOR GOPHER BAR �� c��g Page 4 Rozek added that there is not an issue if they agree to take the signs down. Ms. Kappas stated she will talk to the President about the issue. Ms. Moermond asked about the hours ending at 10:00 and she would like that to be a condition. Ms. Kappas concurred and said that she does not see a point of anything after 10:00. Ms. Moermond stated she would like to set this up so that it is on Seventh Street and not on Wacouta. Ms. Kappas concurred. Ms. Moermond stated she would like measurements to be done by LIEP. The building is like a zectangle with the shorter side facing Seventh. She is thinking that the door is on the corner. They aze talking about the area from the door eastward. Ms. Kappas responded that she will work with LIEP. She does noi want to totally chain it in, but to leave that one side open so it can be used. Ms. Moermond stated that she talked about a bucket with sand in it and asked how many chairs will be out there. Ms. Kappas responded a maximum of eight. She already has the little buckets. Ms. Moermond stated she would like to set it up so there is one bucket for two chairs plus a garbage receptacle. Ms. Kappas agreed to these things. Ms. Moermond asked about a condition on picking up in the azea a couple of hundred feet around the bar. Ms. Kappas responded they pick up odd cans, bottle, and other things everyday. She would like to get rid of that plastic newspaper receptacle. That seems to be where people want to store the trash. Ms. Moermond stated the conditions LIEP are proposing are specific. The service of alcohol and food aze not allowed. Ms. Rozek responded there cannot have a portable baz or food station set up there. Ms. Moermond stated they are going to take drivers licenses as a security measwe. She asked can that be a condition. Ms. Kappas responded in the affirmative. Ms. Moermond went back to the letters: there was a letter from Bill and Kathryn Doyle, 445 Wacouta #304, who wrote about the sidewalk being narrow. Ms. Moermond said she is concerned about people in wheelchairs going down the street. With outside seating azeas, people move the train, ropes, and stands. Ms. Kappas responded it will not be bowed. She has driven around and looked at other ones. The Seventh Street side would be better than Wacouta. Ms. Moermond stated she would like assurance that there is adequate passing space. She is hoping the 36 can be bumped up to 50. This would be a condition on the license. Ms. Kappas responded that is a little unfair. They would be the only one limited to that. Alary's has his tables the wrong way. She does not know if she has room for 50 inches and 36 inches and the light post. When the LIEP person comes out, they can go through everything. If they want her to have an exact chain, she is willing to do that. Ms. Moermond asked several question about the dimensions. Ms. Kappas responded she would like the chairs to be in a row. Since the chairs will be on Seventh Street, she will have to vary her plan a little bit. She will get some sidewalk chalk and measure. She will have everything set up when the LIEP person comes. �-cnig LEGISLATIVE HEARING MINUTES FOR GOPHER BAR Page 5 Ms. Moermond stated will people from the baz go from time to tixne outside to see if there are any issues. Ms. Kappas responded all the staff smokes except for her. They will be standing by the door. They cannot drink while they aze working. Ms. Moermond asked how many bartenders work there. Ms. Kappas responded it is one at night. Ms. Rozek suggested a condition that the bar has to monitar the activities on the sidewalk cafe. The bottom line is that if they cannot monitor it, they should not have sidewalk license. Ms. Kappas responded that works for her. Ms. Moermond stated she will take a recess and get an aerial photo off the STAMP program. (Recess taken from 10:55 to I 1:10 a.m.) Ms. Moermond stated she could not make the photo print, but it looks like about 12 feet on the Seventh Street side. With that kind of space, she would like to go with four feet cleazance. Ms, Kappas responded that is unfair. Alary's has the same sidewalk clearance. She does not think the sidewalk is 12 feet wide. There aze holes and a fire hydrant in there. It does not seem to be 12 feet of usable sidewalk. Ms. Kappas said there would be no more than 6 camping chairs, so Ms. Moermond would like a condition that says no more than eight. Ms. Kappas concurred. Ms. Moermond stated she would like it set up that the seating azea cannot be more than nine feet into the right-of-way, and it must leave at least 36 inches for passage. Ms. Kappas responded she is fine with that. Ms. Moermond asked about a condition for trash pickup once a day. Ms. Kappas responded that is not a problem. Ms. Moermond stated that Ms. Kappas will have to sign a revised affidavit. Also, she would like [removal ofJ the expletive to be a handshake agreement with her and the neighborhood. That is a good way to maintain good neighbor relations. Ms. Moermond recommends approval of the license application with the following conditions, which have a11 been approved by Ms. Kappas: 1. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk which immediately adjoins the ]icensed premises. 2. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of thiriy six (36) inches must be maintained on the public sidewalk at a11 times. 3. IVo tables, chairs or any other furnishings, except plant tubs, shall be placed in the azea used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. While such cafe is in operation, all tables and chairs sha11 be kept in a clean, sanitary condition. 4. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or manholes, or any public initiated maintenance procedures, shali take precedence over said use of the public sidewalk at all times. C7� � � LEGISLATlVE HEARING MINUTES FOR GOPHER BAR Page 6 5. It shall be the duty of the licensed food establisYunent to maintain each plant tub at all tnnes in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plants and their tubs shail at all times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind shali be displayed upon any tree or plant or its tub. 6. No outdoor food and(or beverage prepazation is allowed on a public sidewalk without prior approval and additionallicensing from LIEP. 7. Chairs shall be placed only on the Seventh Street side of the business. No more than eight chairs will be permitted in the sidewalk cafe azea, and chairs can extend no more than nine feet into the public right of way. 8. Alcohol will not be permitted in the sidewalk cafe after 10:00 p.m. 9. The licensee is responsible for patron behavior on the premises, including the sidewalk cafe. The licensee must monitor patron behavior to insure respect for the residential character of the neighborhood and to prevent dishubance behavior. 10. Licensee must provide a receptacle for trash on the sidewalk cafe and at least one receptacle for smoking materials per two chairs. 11. Licensee will provide staff to pick up uash at least once daily in the outdoor areas adjacent to the establishment. 12. Patrons will leave a driver's license with bar staff in order to secure an outdoar chair. In addition, patrons will be able to purchase only one drink at a time for consumption in the sidewalk cafe area. The hearing was adjourned at 1121 am. rrn