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07-787Council File # D7 �� Green Sheet # 3043474 RESOLUTION CITY OF SAIN7 PAUL, MINNESOTA West be approved. la- THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license appiication. Yeas Nays Absent Benanav ✓ Bostrom ✓ Harris ✓ Helgen ✓ Lantry ✓ Montgomery ✓ Thune ✓ 7 r� � Adopted by Council: Date `��S/add7 Adoption Certified by Cowicil Secretary BY� t. . '.e.StJ� Approved by Ma . Da �� D� By: � Requested by Department of. � Form Approved by City Attomey � Approved by Mayor for Submission to Council � WHEREAS, the Legislative Hearing O�cer recommends that a request for (ID #20050003828} Malt Off Sale license for International Centrai Market, doing business as Kenkayba's Place, 864 University Avenue � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b� -�g'l CO -couuc;t Contact Person 8 Phone: Marcia Moertnontl 266-8570 must rse on Gouncll Agenaa by (lrate): OS-SEP-07 Doc.Type: RESOLUT40N E-DocumentRequired: Y Document ContaM: Jean Blrkholz ContactPhone: 266-8673 e�mRN,si N Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3043474 0 oonnl 1 ounci7 ariment Dirtttor 2 ' Qerk Ci Clerk 3 4 5 Approving the license application, per the Legislative Hearing Officer, for a Mal[ Off Sale license for Intema6onal Central Market, doing business as Kenkayba's Place, 86411niversity Avenue West. datlons: Approve (a) or tte7ect (n): rereonai serv�ce coauac[s mus[ �swer cne ro�wwmg ueuesuons: Planning Commission 1. Has this persoNfirm everworked under a contract for this department? CIB Committee Yes No Civii Service Commission 2. Has tbis personffirm ever been a ciry employee? Yes No 3. Does this person(firm possess a skill not nottnally possessed by any current city employee? Yes No F�cpfain all yes ariswers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: ���F�� Transadion: Furtding Source; Financia� fnformation: (Ezpiain) Activity Number: �s �� �ao� CostlRevenue Budgeted: August 28, 2007 12:42 PM Page 1 G'I-��� LICENSE HEARING MINUTES Kenkayba's Place,located at 864 University Avenue West Thwsday, August 23, 2007, 10:00 a.m. 330 City Hall, 15 Keilogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:03 a.m. Staff Present: Reid Soley, Department of Safety and Tnspecfions (DSI); and Jean Birkholz, Conncil Research. Others Present: Emmanuel Woode, owner Kenkavba's Place: Mait Off Sale license (#2005000382$) Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Nelghbors have an opportunity to write a letter to express concerns or objections to the issuance of the license. The City received three letters of objection to the issuance of this license which means that a Legislative Hearing is necessary. There are three (3) possible outcomes of this 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 Admin- istrative Law Judge, which usuaily takes from fottr (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 applicants find un- acceptable. Ms. Moermond's recommendation will come to the City Council as a reso]ution and it will appear on the Consent Agenda. Ms. Moermond will begin with a staff report. Next, the business proposai will be discussed and peoples' concerns about the issuance of the license will be heard. Mr. Reid Soley, DSI, provided a staff report: On May 31, 2007, the Neighborhood Issues Committee of the Summit-University Planning Council recommended a waiver of the 45-day notice period for the isuance of the Malt On Sale (S.2) license. On July 5, 2007, the City Council granted the waiver. The only inspection requirements needed are from Licensing which has approved it. DSI recommends approval with no conditions. Mr. Soley added that Mr. Woode indicted before th9s hearing began that his business will probably close its doors when his lease expires on October 7, 2007. Mr. Soley asked Mr. Woode if he was still interested in obtaining this license for only about a month. Mr. Woode replied that he was. They will shut down the business because the overhead is very high and most importantly, they would like to spend more time with their family. After the lease expires, they plan to take some time off and then get a catering license. Local churches have offered them the use of their kitchens for the catering business. Ms. Moermond asked if this license has already been paid. Mr. Woode responded that it was. Ms. Moermond asked if DSI has ever provided a prorated fee for a license. Mr. Soley replied that DSI did provide a prorated fee for this license. Ms. Moermond stated that the writer of one of the letters of objection believes that this license would be detrimental to the neig�borhood; the other writers seem to have a general opposition to the provision of G� 78� alcohol beverages and believe that it may undermine the community arinosphere in the atea. Also, that it would increase traffic and noise. Ms. Moermond asked Mr. Soley if DSI has ever done any studies that this type of license increases noise and tra�c in a neighborhood. Mr. Soley replied that he can't imagine that a malt license would have any negative impacts in the neighborhood. University Avenue has a number of other options to obtain liquor. Ms. Moermond stated that these concerns aren't something that she can deal with in this heating process, if they aze even connected to nature of this license at all. Ms. Moermond stated that she will recommend to the Ciry Council that they issue this license without any conditions. The heazing was adjoumed at 10:15 a.m. Ijab 2