Loading...
07-385Council File # � Green Sheet # 3039043 RESOLUTION OF SAINT PAUL, MINNESOTA Presented by � i WHEREAS, the Legislative Hearing Officer recommends that a request for a(ID # 20070000311) Liquor On Sale—Over 200 seats, Liquor On Sale—Sunday, Liquor On Sale-2 AM Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A) and Restaurant (B}—more than 12 seats licenses for Gaspaz Perez, President, El Patio Mexican Grill Inc., doing business as El Patio Mex Grill at 242 Seventh Street West be approved without conditions. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav ✓ Bostrom �. Harris � Helgen � Lantry �. Montgomery ,/ Thune � �% � /� Adopted by Council: Date / / //�� �dFJy Adoption Certified by Council Secretary BY� //" //J/�L/ /l3�� i�Sfi.7 Approved by Mayor: Dat�/ 7 ( U7 � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � �—.—� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v 7 co ���� Contact Person 8 Phone: Marcia Moertnond 266-85�0 Must Be on 02-MAY-07 Doc.Type: RESOLUTION E-Document Required: Y Document ConWCt: Jean Birkhok ConWCt Phone: 266-8673 24APR-07 � A55ign Number Fof Routing Order Total # of Signature Pages _(Clip All Locations for Signature) CosURevenue Budgeted: Approving the license applicaUon, per the Legislative Hearing Officer, for Liquor On Sale-Over 200 seats, Liquor On Sale-Sunday, Liquor On Sale-2 AM Closing, LiquorOutdoor Service Area (Pa[io), Entertair�ment (A) and Restaurant (B)-more than 12 seats licenses for Garpaz Perez, president, doing business as El Patio Mex Grill at 242 Seven[h Sffeet West. Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and aHach to green sheet Initiating Problem, Issues, OpportuniTy (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Apprnved; TrensaMion: Funding Source: Financial lnformation: (Explain) Green Sheet NO: 3039043 0 ouncl 1 oanu7 De arLment Director 2 " Clerk Cl' Clerk 3 4 5 Activity Number. (d'Jfit;°?^°9 �a.' .i � � �' 1 ��3 April 24, 2007 1:18 PM Page 1 �7 z3g�"" LICENSE HEARING MINUTES El Patio Mex Crrill, 242 Seventh Street West Thursday, April 19, 2007, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:01 a.m. Staff Present: Reid Soley, License, Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Council Research Others Present: Gaspar Perez, business owner; Moe Sharif, property owner; and Luis, a friend, who helped Mr. Perez with the paper work. EI Patio Mex Grill: #20070000311 Liquor On Sale — over 200 seats, Liquor On Sale — Sunday, Liquor On Sale — Z AM Closing, Liquor — Outdoor Service Area (Patio), Entertainment A and Restaurant (B) — more than 12 seats licenses 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, etc., things that have an immediate impact on their neighbors. The City received one letter of objection to the issuance of this license which means that a Legislative Heazing was necessary. Ms. Moermond explained that there are three (3) possible outcomes to this hearing. She could: 1) recommend to the City Council that they grant this license without any 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 aze 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 appear on the Consent Agenda. Ms. Moermond will 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 plan. Next, she will heaz from people who aze here in support of the issuance of the license and those with concerns about the issuance of the license. Then, she will taik about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Reid Soley, LIEP, reported that this is a license application for Bl Patio Mexican Grill Inc., doing business as El Patio Mex Crrill at 242 Seventh Sireet West, Gaspaz Perez, president. The cunent licensee at this location is Chico Chica Inc, doing business as Chico Chica; and there are no conditions on the license. At this time, the applicant is managing the restaurant under a management agreement with Moe Shazif, the owner of the building and the holder of the Chico Chica Ina licenses at that location. The West Seventh / Fort Road Federation sent a letter on January 31, 2007, expressing their support. Regarding inspections, there are no Building requirements; Environmental Health has approved; Fire has approved; Licensing has approved; Zoning has approved; and LIEP recommends approval with no conditions. Mr. Perez stated that he has been operating under a management agreement for about three (3) weeks. He has two (2) other restaurants: 1) one at 14 West 26 Street, Minneapolis (sixteen (16) years); and 2) p7-385 the other one at 66�' and Richfield, Minneapolis (nine (9} years). The business hours aze from 10:00 a.m. to 11:00 p.m. and maybe on weekends, they will be open until midnight. They applied for a 2 a.m. license in case there is an event where people will stay later. Ms. Moermond said that the letter of concern cited noise, glare and fumes as possible probiems with the restaurant. However, these aze concerns that would be associated with any business at this location. Mr. Moe Sharif stated that the building has been a restaurant for the past eight (8) yeazs. He has owned it for neazly two (2) yeazs. He has owned the restaurant across the street, Downtowner Woodfire Grill, for the nineteen (19) yeazs. He really enjoys the neighborhood. He has not heazd about any complaints about the restaurants. If the complainants hear noise, it would have to be from the people outdoors smoking in front of Tom Reid's. Ms. Moermond said that there seems to be a lot of restaurants in that area and their smells could trickle into Irvine Pazk if the wind were from the right direction. Ms. Moermond asked Mr. Perez about the lighting and signs. Mr. Perez responded that he hasn't added any other lighting to the business. Mr. Sharif added that the lighting has not changed in the last eight (8) yeazs. The lights face Seventh Street; none face the residential areas. Ms. Moermond asked af the traffic, parking lot configuration, ingress or egress has changed in any way. The applicant replied that nothing has changed in any of these. Ms. Moermond added that as much as she would like to help out the complainants with their concerns, they seem to have bought a house in a neighborhood that is filled with late night businesses that produce fumes and traffic. It's the nature of the area. Ms. Moermond recommends approval without conditions. The hearing was adjourned at 10:18 a.m. /jab 2