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06-744Council File # OG -��/ RESOLUTION Green Sheet # 3031837 CITY O� SAINT PAUL, MINNESOTA 1� Presented by Referred To Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application for a Liquor-Outdoor Service Area (Sidewalk) license by Hollis Monnett, Owner, doing business as Town House at 1415 University Avenue West, 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 shall be permitted in any portion of the public sidewalk where normal pedestrian tr�c flow is obstructed. A minimum clearance width of forty-five (45) 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 caf� during any period when the sidewalk cafe is not open and being operated. VJhile 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 shall not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, pull boxes, 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 presentable 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 and(or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from LIEP. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Green Sheet 3031837 Yeas Nays Absent Benanav t/ Bostrom ,/ Hams �/ Helgen � Lantry ,/ Montgomery !/ Thune � � Adopted by Council: Adoption Certified b B � Approved by M o • By: Page 2 D6� �y� Requested by Deparhnent of: � Form Approved by Ciry Attomey � Approved by Mayor for Submission to Council � � Green $heet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � c�-� yy DepartrnenUoffice/council: Date initiated: � ��� o2-A�� Green Sheet NO: 3039837 Co�ct Person 8 Phone: Deoarhnent Sent To Person Initial/Date Marcia Moe�mond � 0 il 266-8560 p,u�gn 1 oancil De a entDirector Must Be on Councii qgenda by (Date): Number Z lerk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locatio� for Signature) Action Requested: Approving applicarion with conditions, per the Legislative Hearing Officer, for a Liquor-Outdoor Service Area (Sidewallc) License to Hollis Monnett, owner, doing business as Town House, 1475 University Avenue West. Recommendations: Approve (A) or Rejed {R): Personal Service Contrects Must Answer the Foilowing Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a cify employee? Yes No , 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explai� all yes answers on separate sheet and attach to green sheet InitFating prob(em, Issues, Opportunity (Who, Wlwt, When, WFere, Why): ,� � t � . k search Cente�' AdvantageslfApproved: , AUG 42 2006. ` Disadvantages If ApProved: �} „� ' ' ' r ' =�>.�a=:�.. /,.:,r�.;.�. � „�w: — � µ, , .. . . ' �- Disadvanfages If Not Approved: Total Amount of CosURevenue Budgeted: Transaction: Fundinp Source: Activity Number: Financial information: (Explain) � ��� �� v� ��� MINUTES OF THE LEGISLATIVE HEARING TOWN HOUSE —1415 UNIVERSITY AVEIVUE WEST Monday, July 17, 2646 Room 330 City Ha11/Courthouse, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing O�cer The hearing was calied to order at 10:08 a.m. STAFF PRESENT: Kristine Schweinier, License, inspections, Environmental Protection (LIEP) Hollis Monnett, owner, appeared. Marcia Moermond �eported that this hearing is about a sidewaik license. It is a Ciass N License; therefore, the neighborhood was notified and had the opportunity to write concerns about the issuance of the license. This hearing is being hetd to go through the concerns articulated in the letters. There could be one of three outcomes from this hearing: 1) issue the license without conditio�s; 2} issue the license with conditions that need to be agreed upon by the owner because the City cannot impose conditions at this juncture withaut the owner's acceptance; 3) send this matter to an Administrative Law Judge, which is done if there are conditions that are necessary to make this a workable situation, but the owner does not find the conditions acceptable. Mostiy, they end up taking about conditions here. Kristine Schweinler reported that this is an application for a sidewaik cafe (Liquor Outdoor Service Area License). LIEP is recommending approval subject to some of the requirements being met. One of the requirements is addressing the SAC (Sewer Assessment Charge), which her staff will be contacting the owner about. The conditions recommended by LIEP are standard for sidewalk cafes. The business obtained the 90% required petition for this ►icense. It has been approved by Fire, Zoning, and Environmental Health. Ms. Moermond asked for information about the SAC. Ms. Schweinler responded it is a Sewer Assessment Charge anytime a restaurant adds seating. The sewer assessment fee is a one time fee paid at the time of permitting. Because this is a sidewa�k cafe, LIEP was looking at whether or not this wouid be charged, but it has been determined that it will be charged. Jim Bioom, LIEP, is trying to figure out the SAC. One SAC is $1,550, and it is one for every eight seats. Right now, there are about 22 additionai seats. Also, there are SAC credits established with the building. She is not sure how many SACs there wiil be. Ms. Schweinler may know this informatian by the end of the day. Ms. Moermond asked Ms. Monnett if she has seen the conditions. Ms. Monnett responded no. Legislative Hearing Minutes for Town House, July 17, 2006 c��1�� Page 2 Ms. Schweinler stated that the sidewalk cafe is an extension of the restaurant operation onto the public sidewalk. The conditions recommended by LIEP are as follows 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 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 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, 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 property 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 shall be displayed upon any tree or plant or its tub. 6. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from LIEP. Ms. Moermond asked are these the standard conditions for all sidewalk licenses. Ms. Schweinler responded in the affirmative. Ms. Moermond asked is this about the smoking ban. Ms. Monnett responded yes. They got a waiver from the Midway Coalition and the sidewalk license has been operating for two months now. Their plan is to every day set it up and every night take it down. They have plastic table and chairs. They have a lattice fence that they bungy cord onto benches so they can become stable. They have an awning for shade for the patrons. There is no entertainment outside, and they do not serve liquor there. Some people sit down and spend hours out there, and some people just go out to have their cigarette. It is conveniently located next to a bus stop, which they were concerned about, but there has not been a problem. Ms. Moermond asked how many staff are out there right now. Ms. Monnett responded that there is no staff except for her manager Barry and herself. They are almost always there. When they are not there, they have security people to ensure that beverages do not leave the sidewalk cafe and to ensure there are no hassles from passersby. Security is at the entry. Ms. Moermond asked about a history. Ms. Schweinler responded there is virtually none. She was there on Friday night doing checks on different establishments, and it was very quiet. Security staff was out there. At that time, they were pulling some of the Legislative Hearing Minutes for Town House, July 17, 2006 o���� Page 3 tables in. A person cannot hear anything over the traffic sounds anyway. It was very quiet and calm. Ms. Schweinler gets few police calls from them. Ms. Monnett stated they will have their sidewalk cafe open until the weather is not permitting. Then, they will figure out something else to do. As a bar owner, the last thing they wanted to hear was "smoking ban." The patrons smoke, the staff smokes. She is proud of them because there is 100% compliance. Even the manager steps out during the day when he could get away with smoking inside. Compliance, their reputation, and their business are important to them. Ms. Moermond stated she has a letter from Midway Chevrolet, Thomas L. Krebsbach, owner, who wrote about blocking of the sidewalk, the space not being sufficiently deep, and passersby would have di�culty. It looks like a deep sidewalk. Ms. Monnett responded there are dimensions on the picture. Ms. Schweinler added that there is well over 36 inches. There were concerned with the area near the light pole. There was a dip in the sidewalk, and Ms. Monnett took care of that. She stopped measuring at 48 inches. Ms. Monnett stated that 91 inches is the longest measurement, 58 inches is the standard for the long portion of our fence, and 48 inches for the shortest point. Ms. Moermond asked would they be willing to accept a change on the condition from a 37 inch requirement to 40 or 44 inches. Ms. Monnett responded there is nothing less than 48. Ms. Moermond stated she would like to change Condition 2 so that the second sentence has a minimum clearance. She would like to provide an assurance to the complainant neighbor that the owner has come part way and it is not going to be a narrow space for pedestrians to pass. Ms. Schweinler stated she would prefer that the numbers stay at 48 inches. It is what is on everyone's sidewalk cafe license. These numbers are standard and ordinance required measurements. There are a lot of sidewalks that have more than 48 inches and there are sidewalks that have more than 48 inches in a lousy place and need more than that. She would be okay with giving them 48 or 45 inches. She does not want to change it too much. Ms. Moermond responded she was not looking for a big change, but 45 sounds like a good number. There is a 48 clearance right now. The neighbors can say they got something out of this. The owner is giving something without losing anything. Ms. Monnett stated she has been neighbors with Mr. Krebsbach for 32 years. He gets his sidewalk wonderful in front of his showroom, but his lot on either side of her building is treacherous. He goes through once with the snow blower and does not bring it down to the cement. It turns into a skating rink. She literally takes photos everyday in case a lawsuit comes and someone says they stepped on her sidewalk. He does not maintain Legislative Hearing Minutes for Town House, July 17, 2006 ����� Page 4 the sidewalk. He never has. People slip and fall. That is why she is surprised at his sudden interest in the pedestrians. Ms. Moermond stated there is a letter not in opposition from Cynthia Bryant. There is a third letter from Rachel Force, 1414 Sherburne Avenue, who is not in opposition. Racquel Naylor said there was one more letter. (Ms. Moermond read to herself a letter from Tom Goldstein, 1399 Sherburne Avenue, Saint Paul, Minnesota 55104.) Ms. Moermond asked were there any other bars in the area. Ms. Monnett respo�ded there are two. Also, there is the bus stop. There are probably car doors that slam. Ms. Monnett does not get complaints about that, except from Mr. Goldstein, who is new to the neighborhood. Ms. Moermond asked is this zoned B-2 or industrial zoning. Ms. Schweinler responded that University Avenue is at the most B-3. Ms. Moermond stated this is not a new use. It was that way when Mr. Goldstein bought it. Ms. Schweinler added that she was there on Friday, and it was fairly quiet. She was there at about 1:30 and they were taking tables in. She parked at the corner. With respect to the other concerns about smoking, said Ms. Moermond, the law is what it is. It is allowed in these circumstances. Mr. Goldstein can go about changing the law in open air places. Ms. Moermond asked does the owner agree to the one condition that she is recommending. Ms. Monnett responded yes. Ms. Moermond recommends approval of the Liquor Outdoor Service Area (Sidewalk) license 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 shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of forty-five (45) 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 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, 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 property 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 OIQ= Legislative Hearing Minutes for Town House, July 17, 2006 Page 5 advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub. 6. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from LIEP. The hearing was adjourned at 10:36 p.m. rrn