07-1235Council File # 67— �j5
Green Sheet # 3047616
RESOLUTION
OF,�YAINT PAUL, MINNESOTA
Presented by
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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 (/
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Adopted by Council: Date fO �/a 6 �c?G'Q7
Adoption Certified by Council Secretary
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Approved by Mayor: Date
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Requested by Department of:
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Form Approved by City Attomey
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Approved by Mayor for Submission to Counci]
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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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
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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
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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.
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