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07-365Council File # O 7�3� Green Sheet # ,30 g RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Committee: Date �� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, Coaster Dxeams LLC dlbfa Ngon Vietnamese Bistro, located at 799 Univessity Avenue West in Saint Paul, has requested a waiver of the 45-day notice requirement for on sale wine and strong beer licenses; and WHEREAS, the District Seven Planning Council has agreed to the waiver of the notice requirements; and WHEREAS, the Council finds that the applicarion is in order and thexe are no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the license would cause exceptional and unusual hardship to the license applicant; and WHEREAS, the licensee agrees that in the event a complaint is received prior to the expirarion of the 45-day period and the complaint provides a basis for adverse acrion against the license, that the Office of License, Inspections, and Environmental Protecrion may direct the licensee to immediately discontmue all opexations until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefare, be it, RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code are hereby waived and on sale wine and strong beer licenses aze issued to Coaster Dreasns LLC d/b/a Ngon Vietnamese Bistro, located at 799 University Avenue West in Saint Paul, subject to the agreement stated above. Requested by Department of: Adoption Certified by Council Secretary BY= ! 6L� AppYOVed by M1 oT Date � 1 V By: Hy: `���^^� � �—�z,�-�-- Form Approved by City By: By: to � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07 DepartmenHoffice/wuncil: Date Initiated: � �P - L,�eos���tio�„�oaPro C ,�-,�R Green Sheet NO: 3038726 ContaM Person 8 Phone: , Department Sent To Person � InitiallDate ' Chflstine A. Rozek � 0 License/Insoectioo/Euvirm Prot 266-9108 . '� A55ign � 1 �Licensel[nmecfion/EnvironProt DenartmentDirector ' �� Must Be on - A r g�enda by (Date): ; Number � Z ��yry pttornev , C O > G�/ � For � . —! Routing � 3 MaYOr's Office MaVOr/ASSistan[ i , Doa Type: RESOLUTION ; Order . 4 Council �'��. i ', E-DOCUment Required: N � � 5 City Clerk Citv Qerk ' I Document Contact: � I �, , ; Contact Phone: Total # of Signature Pages _(Clip All Locations for Signature) �, Approval of a Resolu[ion waiviug the 45 day norice requirements of Chapter 409.06 of the Saint Paul Legislative Code and granting ', Coaster Dreams LLC d/bfa Ngon Vietnamese Bistro on sale wine and strong beer licenses subject to agreement. itla[wns: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfrm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Euplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � Council action necessary in order to waive the 45 day norification requirements contained in Chapter 409.06 of the Saint Paul Legislative Code. The Aistrict Seven Planning Council has ag�eed to this waiver. Advantages If Approved: RECEIVED Disadvantages If Approved: Disadvantages If No[ Approved: Transaction: Funding Source: Financial Information: (Explain) MAYOR'S OF�ICE CostlRevenue Budgeted: Activity Num6er: April 13, 2007 1:53 PM Page 1 ��-���- DIS°TRfCf 7 CDU Apri14, 2007 Christine Rozek Deputy Director Office of Licensing, Inspections and Environmental Protection City of Saint Paul 8 East Fourth Street, Suite 200 Saint Paul, MN 55 10 1-1 024 Deaz Ms. Rozek, 651/789-7407 (o�ce) 651l789-740� {faxJ district7pc@yahoo.com (e-mai!) Web site http://www.d7mix.org 533 North Dale Street $aint Paul, Minnesofa 55103-1644 This letter is in reference to the license application for Wine On Sale, Malt on Sale (strong), and Restaurant B for the Ngon Vietnamese Bistro, located at 799 University Avenue West (License Number 20070000508). The applicant has expressed a need to have the 45-day public hearing period be waived. The applicant originally applied for his licenses more than 30 days ago, and was under the assumption that the City of St. Paul had already started the public comment period. That was found to be incorrect. In fact, the public hearing on the application was only recently initiated. This has created a hardship for the applicant. Last week, the applicant collected signatures from 43 of his neighbors, all of whom support his request for the waiver. Addifionally, the dish�ict council did not receive any phone calls from community members iri opposition to a flyer notifying them about the applicanYs desire to have the public comment period be waived. For the above-mentioned reasons, the District 7 Plannine Council ur2es and consents to waiving the 45-dav public hearinQ periad far 799 Universitv Avenue West. A copy of the petition signed by the applicanYs neighbors is enclosed with this letter. If you have any questions, please feel free to contact me directly at 651-789-7481. Thank you in advance for your assistance waiving the 45-day public hearing and helping the applicant speedily . obtain the licenses he has requested. Sincerely, � a Lee ommunity Organizei CC: Marcia Moermond Aai Tmong Serving the neigh6o�hoods of Mt Airy, Capitol Heights, Frogtown and East Midway since 9970!