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07-156Council File # �b Green Sheet # 3036914 RESOLUTION CITY Presented by SAINT PAUL, MINNESOTA �� WHEREA5, the Legislative Hearing Officer recommends that the application for Liquor On Sale — over 200 seats (from Liquor On Sale —100 seats or less) for Shannon Crossing, Inc., doing business as Turf Club located at 1601 University Avenue West, be approved with the following conditions: 1. All windows and doors shall be kept closed at all times when live music is performed inside the premises. 2. Cleaz and obvious signage shail be posted at all entries and exits alerting customers to the free parking which is available at the Spruce Tree Ramp located directly across University Avenue; signage must also be posted to make patrons awaze that when they leave the premises at the rear of the building, they ate exiting into a residential neighborhood and must show respect and consideration for the residents. THEREFORE, SE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav � Sostrom � Harris � Helgen � Lantry � Montgomery � Thune ,/ Adopted by Council: Date �/�/f/,� J i Adoption Certified by Counci] Sec •etary By: � . Approved by Mayor: ate � Requested by Depariment oE � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � 7'ISb co -���� Conqc[ Person & Phone: Marcia Mcertnond 266-8570 Must Be on Council A9en Doa Typec RESOLUTION E-Document Required: Y Document Cuntact: Jean Birkholz Contact Phone: 2668673 0&FEB-07 y �0.s5ign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3036914 0 opncil 1 ounc0 De artment INecwr 2 3 a 5 ' Clerk Ci Clerk Approving the license application with conditions, per the T.,egislative Hearing Officer for a Liquor On Sale -- Over 200 seats license for Thomas Scanlon, President, Shannon Crossing, Tnc., doing business as Tutf Club, 1601 University Avenue West. Planning Commission 1. Has this personffirm ever woriced under a contract for this department? CIB Committee Yes No CivilService Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rtn possess a skill not nortnally possessed by any current city empioyee? Yes No Explain all yes answers on separate sheet antl attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Oisadvanteges If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Infortnation: (Explain) Activity Number: �. ��s��d�'*rA' � . .� �.. i. k � " �... � �� CostlRevenue Budgeted: February 9, 2007 10:02 AM Page 1 0 7��s � LTCENSE HEARING MINUTES Turf Ciub at 16Q1 Univezsity Avenue West Thursday, January 253, 2007, 10:00 a.m. 330 City Hail, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:03 a.m. Staff Present: Reid Soley, License, Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Council Research Others Present: Dennis Scanlon, business owner's son; David Wiegart, manager; and Wayne Swanson, owner of nearby apartment building Turf Club: Upgrade to Liqnor On Sale — Over 200 seats (from Liquor On sale — 100 seats or less) Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Other Class N Licenses include: auto body, auto sales, liquor, etc.—things that have an immediate impact on their neighbors. The City received several letters of objection to the issuance of this license which means that a Legislative Hearing was necessary. There are three (3) possibie outcomes to this hearing. Ms. Moermond could: 1) recommend to the City Council that they grant this license without conditions; 2) recommend to the City Council that they grant this license with agreed upon conditions; or 3) recommend to the City Council that they 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 or if she thinks that there are conditions that are absolutely necessary to make it workable that the applicant finds unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appeaz on the Consent Agenda. Ms. Moermond wili begin with a staff report. Staff will be asked to explain their review of the application, and will also explain their recommendation. Then, she will ask the applicant to talk about the business pian. Next, she wiil hear from people who are here in support of the issuance of the license and those with concems about the issuance of the license. Then, she will talk about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Mr. Reid Soley, the City's Licensing Office, reported that this concerns a license appiication From Shannon Crossing Inc., doing business as Turf Club at 1601 University Avenue West. Thomas Scanlon is the president of that corporation. The intention of the appiication is to upgrade the Liquor On Sale License from 100 seats or less category to the over 200 seats category. Other licenses already in existence on the premises include: Entertainment B, Liquor Sale — 2 am Closing, Liquor On Sale — Sunday, Restaurant B— more than 12 seats, Gambling Location and Cigarette/Tobacco. Currently, there aze no conditions. The licensee is the same since 2005. Mr. Soley is not aware of a neighborhood organization recommendation. Regarding the required inspections: Environmental Health has approved the license; Fire has approved it; Licensing will approve it; Zoning has approved it; there is nothing applicable to a building inspection. A shared parking agreement was contracted with the Spruce Tree Center across the street, which satisfies the parking requirements. At this time, LIEP is recommending approval of this application without conditions. o�-��� Mr. Wiegart explained that rather than an expansion of space as the license appiication would impiy, it is more of an adjustment to the current license. The space has been there, but simply not been recognized. He submitted a drawing to indicate the change. A room in the basement is now used as an overflow room. It doesn't open until 10 p.m. The room has a bar and a piano. The main floor room has live music, a baz and booths. Ms. Moermond asked staff if the City has any pazking issues with the other bars in the immediate vicinity; also if there were any pazking variances. Mr. Soley responded that he couldn't answer that question. Mr. Wiegart called attention to the required pazking notice that they have posted at the club. The requirement is part of the shared parking agreement with Spruce Tree Center. Mr. Soley added that if a business doesn't have enough parking in its own pazking lot to accommodate all of its parking needs, then, it needs to enter into an agreement with another business located within 300 feet. So that the patrons of the business wil] be aware of this additional parking, it is suggested that signage be posted. It's not a vaziance. Licensing makes sure that this agreement is in force each yeaz. There's an initial fee of $350 to establish this agreement with a$50 yearly fee thereafter in order to ensure its continuance. Ms. Moermond asked whether parking signs had been posted. Mr. Wiegart responded that signs have posted at the exits, entrances and restrooms. There is no fee for pazking. Mr. Wayne Swanson spoke in opposition. He has owned a 19-unit apartment building on the corner of Sherburne and Fry (1635 Sherburne Avenue) since 1980. He stated that the parking problem and behavior of patrons both have increased since the new pharmacy opened up at Snelling and University. They are open 24 hours a day. When the bank was there, people could park there. Now, people can no longer park there. Even before the phannacy was there, patrons would park azound the neighborhood, but iYs gotten so much worse since the phazmacy has opened. Of course, iYs worse on the weekends. Some weekends in the summer, frequently, there is no place for tenants to park. So, they have to park far away from where they live. There is a safety concern in that and of course, the inconvenience. As far as behavior, iYs people urinating in street or near the apartment building, leaving trash, and just general noise and activity associated with people coming from an environment where alcohol is served. They're not transitioning into a quiet voice when they come into the residential neighborhood when it's late and people are trying to sleep. He introduced a note from his caretaker, who lives in a basement aparhnent that faces Sherburne Avenue, and has lived in the building for eleven (1 I) yeazs. Also, he entered into the record a letter from the manager of a building on the corner of Charles and Fry, and he has also been in the neighborhood for over ten (10) years. Mr. Swanson went on to say that most the apartrnents in his building are studio apartments filled with working class folks with a fairly low income. Some people aze retired. Some tenants have been have been there for a very long time; one, since 1972. The average length of tenancy is over six (6) yeazs. Off-street parking is not available, so his tenants rely on street parking; however, about only 40% of his tenants have cars. Ms. Moermond read the letters of concern. One letter talked about keeping the problem of keeping the premises of clear of empty bottles, trash, etc., and graffiti on the walls. Another letter addressed limited parking available to his tenants, trash and noise from the patrons of the club. The third letter talked about the bad behavior, such as urinating on the apartment property by the patrons of the club. His main concern is their parking on the residentiai streets. Ail letters discouraged the issuance of the license to expand.