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07-150Suspension 2/14/07 Council File # 07-150 Green Sheet # 3036981 ON OF Presented by 2 3 4 5 PAUL, MINNESOTA WHEREAS, the Legislative Hearing Officer recommends that the license application for Wine On Sale, Malt On Sale (Strong), and Restaurant B(More than 12 Seats) licenses by Salem Restaurant, Inc., doing business as Flamingo, located at 490 Syndicate Street North, be approved with the following conditions: Signage shall be prominently posted at the Syndicate Street entrance door stating pazking available at rear of property, Per City of Saint Paul Legislative Code 409.15, the sale of Wine On Sa1e and Malt On Sale (Strong) will take place only in conjunction with the sale and service of food (menu item only). Copies of gross/revenue receipts from the sales of food, wine, and beer showing at least sixty (60) percent attributable to the sale of food shall be made auailable for review upon request of the Director of the Office of License, Inspections and Environmental Protection or his/her designated representative; 7 2. 9 10 11 12 13 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 14 application with the aforementioned conditions. 15 Yeas Nays Absent Benanav �/ Bostrom Harris i / Helgen � Lantry � Montgomery �/ Thune �/ � � Adopted by Council: Date ��///�/J7 Adoption CertiSed by Council cretary BY� / � ///�/ i Approved by�or: ate � � p � BY (yt--- RequesYed by Deparhnentof: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheef Green SheSt Green Sheet Green Sheet � co -��� ConWM Person 8 Phona: Marcia Moertno�d zss-asso Must Be on Council Aaen Ooc. Type: RESOLUTION E-Document Required: N Document Contad: Racquel Naylor ConWCt Phone: 266-8573 iR�7�:E171 �► Assign Number For Routi� Orcler Total # oi Signature Pages _(Clip Ali locations for Signature) Green Sheet NO: 3036981 0 oonql 1 ooncil De ar[ment7)imctor 2 perk Approving the license application with condStions, per the Legisla[ive Hearing Officer, for Wine On Sale, Malt On Sale (Stxong), and Restaurant B(More than 12 Seats) Licenses by Salem Restaurani, Inc., doing bvsiness as Flamingo, located at 490 Syndicate Street North. Planning Commission 1. Has this person/firm ever worked under a contract for fhis department? CIB Committee Yes No � Civil Service Commission 2. Has this person�rm ever been a ciry employee? Yes No 3. Does this person�rm possess a skiil not normally possessed by any current ciry employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages if Not Approved: Transaction: Funding Source: Financial lntormation: (F�cplain) CosURevenue Butlgeted: Activiry Number: Fetiruary 13, 2007 1:45 PM Page 1. MiNUTES OF THE LEGTSLATIVE HEARING FLAMINGO, 490 Syndicate Street North Thursday, January 11, 2007 Room 330 Courthouse, 15 KeIIogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:00 a.m. STAFF PRESENT: Jeff Fischbach, License, Inspections, Environmental Protection (LIEP) The following appeared: Daniel Tsegai, owner, 2371 Linwood Avenue East, Mapiewood; Suzie G. Hewitt, cousin of owner, 4570 Cinnamon Ridge Traii, Eagan; and Fekadu Woldeabzgi, 2371 Linwood Avenue East, Maplewood Marcia Moermond explained the hearing process: tha license application for beer and wine requires that the neighborhood be notified so that people have an opportunity to write letters of concern. There are one of three possible recommendations that Ms. Moermond can make to the City Council at the end of the hearing today: 1) issue the licenses without conditions, which is not likely because LIEP wants to add a condition, 2) issue the licenses with a condition or more, and these conditions have to be agreed upon by the applicant, 3) refer this matter to an Administrative Law Judge (ALJ). The ALJ process would be used if the owner would not agree to the conditions recommended by Ms. Moermond or this license is not workable at this location regardless of conditions. This option is not used often. It involves about three months and many people choose to hire an attorney. Jeff Fischbach reported that he is here for 490 Syndicate Street North. The applicant Daniel Tsega has applied for a license at Salem Restaurant Incorporated, doing business as Flamingo. He is applying for a Restaurant B More than 12 Seats, Wine on Sa1e, and Malt on 5ale (Strong) licenses. The wine and malt licenses require public notification. There has been a restaurant at this location since about 1993. Ms. Tsegai pulled building and electrical permits, and those have been approved and finaiized by the building and electrical inspector. Enviranmental Health, Fire, Zoning, and Licensing have approved the license application. There is one condirion applied to this license applicarion: Mt. Tsegai wanted to open up before this hearing, so they have allowed the restaurant to open with a condition that no wine ar malt beex sales wili be issued without City Council approvai first. In answer to several questions about his business, Mr. Tsegai responded that he has had a restaurant before. His partner has been working in San Francisco as a cook and knows more about this business. It is East African and American food and seats about 48 people. They have been open about two months. LEGISLATNE HEARING MINUTES FOR FLAMINGO Page 2 Mr. Fischbach stated that Mr. Tsegai gave LIEP an application far the 2:00 a.m. closing, so they wiIl be sending out notices. The applicant understands that if the licenses aze granted, he will be limited to the I:00 a.m. closing. Suzie Hewitt stated she is a cousin of Mr. Tsegai, and they operate this license as a family restaurant. This is targeted to the East African community. The chef has done a good job with different types of ineals that are appealing to people who want to ex.perience something different. The restaurant is going well. They have been in the Twin Cities for over 20 yeazs, and people support the family. One of the concerns is that people want wine or beer with the meal. People will come and support you to a certain degree, but there is competition in the area. They really researched the Twin Cities mazket to see if there were other restaurants that are similar, and there are. Those who do not have a beer and wine licenses are struggling. Fekadu Woldeabzgi stated he has worked in the hotel business all his life. It is not only to make money. It is not fast food. It is not a full bar. They won't affect a neighborhood. Before, the restaurant was kind of fast food and a filthy p]ace. The parking lot is in the back with 35 parking spaces. They don't have any problems with that. Also, there is no bar and restaurant around there. Ms. Hewitt stated there is a Subway attached to them. They do get traffic, but it is in and out. It has not affected the customers at Flamingo. She has not seen a congested area there. Mr. Tsegai stated that he they did not know that they had to park in the back until he asked the owner of the building and was told they can park there without restrictions. Ms. Moermond asked about the parking situation there. Mr. Fischbach responded that the parking requirement is met. There is a pazking lot associated with this multi-use building, and it is all considered pazking for the entire center. LIEP assumes the property owner will tell them what parking is available for all the tenanCs of the building. Ms. Moermond asked do they feel comfortable that the parking sitnation is reso]ved. Mr. Tsegai responded yes. Clazence $enson, 1267 Sherburne Avenue, appeared and stated he is not here fo stop people from making a living. In that neighborhood, there is a halfway house with parking on the street, no overnight parking on Sherburne Avenue, and the buses from Galtier School plug up the roads. When the restaurant gets a delivery, the truck stops in the middle of the road and throws the flashers on. Trying to make a turn is a problem. Tazget is across the street, and brings a lot of traffic. Now, they are talking about light rail going through there. His main concern is the delivery irucks. Beer is delivered by a semi. This affects the parking situation. There is a family in the neighborhood that has about eight cars and they park on the street, He has yet to see a parking enforcement officer go through at night and put any tickets on any cars. Mr. Benson did not know that the business made arrangement with NAPA Yo park in their lot. He would suggest that a LEGISLATIVE HEARING MINUTES FOR FLAMINGO Page 3 sign be put in the window to park in the rear or something like that. Subway does create a big problem. Ms. Moermond asked about cab drivers frequenting the area (as mentioned in Mr. Benson's objection letter). Mr. Benson responded that there were a lot of cabs azound there. They were parked on the street and wherever there was a space. Ms. Moermond asked were they legally parked. Mr. Benson responded it was hazd to get in and out of one neighbor's gazage. What time do the delivery trucks come, asked Ms. Moermond. Mr. Tsegai responded that they do not have delivery trucks. Ms. Moermond asked is there information to the customers about where they can park. Mr. Tsegai responded he plans to add a sign that people can park in the back. Ms. Moermond stated the letter mentions serving liqnor so close to a school. If the applicant was applying for a full liquor license, then they could not be so close to a school, but they are not applying for a full liquor license. Mr. Benson asked the differeuce between a beer license and a strong beer license. Mr. Fischbach responded if a grocery store wanted to sell beer, it would be limited to a 3.2. When applying for a wine license, they can choose 3.2 or strong beer. Most people choose strong beer because they already have wine, which has more alcohol than a small beer. Mr. Benson stated that strong beer can make a guy crazy, and they will have to control them. Mr. Fischbach responded that there is a requirement that at least 60% of the sales have to come from food items. It is intended to be sold with a meal. As part of the review, applicants aze required to furnish sales receipts. Ms. Moermond asked what happens if they se11 more alcohol than the license allows for. If they continued to do that, responded Mr. Fischbach, LIEP would take action to revoke the wine and beer licenses. In answer to several quastions, Mr. Fischbach responded that the receipts are sent in annually, and LIEP would probably ask for more frequent reporting if they saw a pattern. Ms. Moermond asked the distance requirement from this location to the nearest school. Mr. Fischbach responded that LIEP does not measure for wine and beer licenses because there are no distance restrictions. Ms. Hewitt stated she was a long time resident of the area, She lived off of St. Anthony and Syndicate and was a student at Galtier. Arnella's on University started off as a restaurant and then turned into a night club. It brought in different types of crowds. Flamingo is a family owned business. They want to introduce different foods to the LEGISLATIVE HEARING MINUTES FOR FLAMINGO Page 4 neighborhood. They aze not trying to go after the alcohol drinkers. Tlvs is just to accommodate people with their meals because this is the custom they are used to. Mr. Benson stated that his only concem is the delivery truck in the street and fire trucks may not get through. Also, there are bump outs in there. Ms. Hewitt responded that if they were big enough to get delivery trucks, they could easily talk to the company so they come later. Ms. Moermond stated they will now have bottles and glass to be recycled. The noise of the bottles being processed when people want to be sleeping will make people complain. She suggests the bottles aze handled in a way that is not during sleeping hours. It is not a condition on the licenses, but it could become one. She wouid like a condition far signage telling people where they can park. She suggests that this also be on other things, like a take-out menu. A lot of the problems in this area aze not contributable to Flamingo: traffic, delivery trucks, etc. The applicants are taking steps to not make these problems worse. Mr. Fischbach asked is there more than one entrance door. Mr. Tsegai responded there is one, and it is on Syndicate. Mr. Fischbach stated LIEP wili be sending out a notice explaining that they are applying far a 2:00 am. and right now they are limited to l:00 a.m. Mr. Benson added that the restaurant is on the emergency side of the street for snow removal. Mr. Fischbach responded they should let the clients know. Ms. Moermond recommends approval of the license application with the following conditions: 1. Signage shall be prominently posted at the Syndicate Stzeet entrance door stating parking available at rear of property. 2. Per City of Saint Paul Legislative Code 409.15 - The sale of Wine On Sale and Malt On Sa1e (Strong) will take place only in conjunction with the sale and service of food (menu item only). Copies of gross/revenue receipts from the sales of food, wine, and beer, showing at Ieast sixty (60) percent attributable to the sale of food, shall be made available for review upon request of the Director of the Office of License, Inspections and Environmental Protection or his/her designated representative. The hearing was adjourned at 11:45 a.m. Ct