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07-1235Council File # 67— �j5 Green Sheet # 3047616 RESOLUTION OF,�YAINT PAUL, MINNESOTA Presented by � WHEREAS, the Legislative Hearing Officer recommends that the application for (LD. #20070003867) Liquor On Sale —100 seats or fewer, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats, Gambling Location, Cigarette/Tobacco, Malt Off Sale and Sidewalk Cafe licenses for KIB Properties Inc., doing business as Trend Bar located at 1537 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 traffic flow is obstructed. A minimum clearance width of thirty-sax (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 a11 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 andfor beverage preparation is allowed on a public sidewalk without prior approval and additional licensing from DSI. 7. No liquor sales and/or service is allowed on a public sidewalk without prior approval and additional licensing from DSI. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. D�-la Yeas Nays Absent Benanav � Bostrom ,i Harris � Helgen ,� Lantry / Montgomery � Thune (/ 7 Adopted by Council: Date fO �/a 6 �c?G'Q7 Adoption Certified by Council Secretary B ,� �--- ` ��fa�' Approved by Mayor: Date � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Counci] � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7� � a"� co -ca��si Contact Person 8 Phone: Marcia MoertnOnd 266-8570 must tse on coundi Agenaa oy �uate) 26-DEC-07 Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birkholz ConWCt Phone: 266-8670 79-DEC-07 y Assign Number FoY Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3047616 0 ouncil I oonctl De ariment D'vector 2 " Clerk G5 Clerk 3 a 5 Approving the license application with conditions, per the Legislative Hearing Officer, for Liquor On Sale-100 sea[s or fewer, Liquor On Sale-Sunday, Restaurant (B)-more than 12 seats, Gambling Location, Cigarette/Tobacco, Malt Off Sale and 5idewalk Cafe licenses for KIB Properties Inc, doing business as Trend Bar, 1537 Universiry Avenue West. ioaaons: Hpprove (n) or rce�ect lrc�: rersonai sernce contracis must nnswer me rouowmg i.tuesiions: Planning Commission 1. Has this personffirm ever worked under a contract for this depaAment? CIB Commitlee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee7 Yes No 3. Does this personlfirm possess a skill noi �ormally possessed by any curreni ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, OppoRuniTy (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Finan cial Information: (Ezpiain) CosURevenue Budgeted: Activity Number: December 19, 2007 10:06 AM Page 7 6��1�-3� LICENSE HEARING MINUTES Trend Baz, located at 1537 University Avenue West Monday, December 17, 2007, 10:00 a.m. 330 Ciry Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:10 a.m. Staff Present: Reid Soley and Kristina Schweinler, Department of Safety and Inspections (D5I); and Jean Birkholz, Council Research. Others Present: Kenneth Brill, one of three owners of HIB Properties Inc., doing business as Trend Bar; and two (2) representatives of the Arcade-Phalen American Legion Post #577 Licenses: Liquor On Sale —100 seats or fewer, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats, Gambling Location, Cigarette/"I'obacco, Malt Off Sale and Sidewalk Cafe (non- liquor). State of Minnesota Gambling Control Board Premise Permit (which allows a Gambling Manager and Organization to operate in an establishment that has a Gambling Location license). The license and permit allow the Arcade-Phalen American Legion Post #577 to sell pull tabs, tip boards, raffle tickets and operate a paddle wheel at Trend Bar, 1537 University Avenue West Ms. Moermond stated that some of the licenses applied for are Class N Licenses which require neighborhood notification. Other types of Class N Licenses are: auto repair, auto sales, recycling center, entertainment, etc. The City received one letter of objection to the issuance of the sidewalk cafe and gambling location licenses which means that a Legislative Hearing is necessary. There are three (3) possible outcomes ofthis hearing. Ms. Moermond could: 1) recommend to the City Council that they issue this license without any conditions; 2) recommend to the City Council that they issue this license with agreed upon conditions; or 3) recommend to the City Council that they not issue the license and refer this matter to an Administrative Law Judge, which usually takes from four (4) to six (6) months. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location ar if she thinks that there aze conditions that are absolutely necessary to make it workable that the applicants find unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appear on the Consent Agenda. Ms. Moermond will begin with a staff report. Next, she will talk with the applicant. People's concems about the issuance of these licenses will also be heazd. Mr. Reid Soley, Department of Safety and Inspections (DSI), reported that DSI recommends 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 thiriy-six (36) inches must be maintained on the public sidewalk at all times. b��fa35' 3. No tables, chairs or any other fumishings, 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 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 talce 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 al] 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 DSI. 7. No liquor sales and/or service is allowed on a public sidewalk without prior approval and additional licensing from DSI. Mr. Soley continued to say that no recommendation has been given by the Hamline Midway Coalition. There are no building issues. Fire, License and Zoning have approved the licenses. Environmental Health is pending; no problems are anticipated. Mr. Brill stated that the Environmental Health inspector was out initially and provided some suggestions for improvement. Mr. Soley said that the inspector will need to make a final inspection. Ms. Moermond took a few minutes to review the regort on police calls. Mr. Brill explained that there are three (3) owners. Each either works or hangs out at the bar during the week. The manager is there in the a.m. and part of the p.m. on some days Monday through Friday; she has been with Trend Bar for at least twelve (12) yeazs. A guy comes in after her to work the remainder of the day. Ms. Schweinler added that Trend is a working man's bar. All three (3) of the owners are employed full- time outside of the bar. The finance officer from the American Legion Post #577 stated that this will be their first satellite. They also do gambling at their home Post. Ms. Moermond referred to the letter and tried to picture litter generation at this site. Ms. Schweinler suggested that most could be generated by walking traffic. Mr. Brill noted that there's a shopping center across the street with a McDonald's that could be generating Yhe majority of trash. The letter also ` mentions public drinking. She added that public drinking is definitely not allowed. Mr. Brill explained that now they have patrons going out both the front and back doors to smoke. They want to eliminate people going out the back door and that is why they want the sidewalk cafe license, so that people can go out to smoke and sit down. They intend to lock the back door at a time certain each day to help prevent people entering the back door to rob the place and people leaving with a drink. Eventually, they wi11 apply for a liquor license far the sidewalk cafe. Ms. Moermond asked staff if there has been a gambling location license at Trend Bar before. Ms. Schweinler answered that there had been. 2 a�-i��s Ms. Moermond will recommend approval of these license applications 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 thiriy-six (36) inches must be maintained on the public sidewalk at all times. 3. No tables, chairs or any other fiunishings, 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, ali 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 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 DSI. 7. No liquor sales and/or service is allowed on a public sidewalk without prior approval and additional licensing from DSI. The hearing was adjourned at 1029 a.m. /jab