07-92Council File # 07 9d
Green Sheet # 30363ll
RESOLUTION
CITY Q� SAfNT P/�'�1L, MINNESOTA
Presented by
, •
WHBREAS, the Legislative Hearing Officer recommends that a request for (ID # 20060002991) Game Room
and Cabaret licenses for Joe Furth, co-owner, Eclipse Records of Minnesota LLC, doing business as Eclipse
Records at 1922 University Avenue West be approved with the following conditions:
1. Licensee shall maintain off-street parking for the business putsuant to City Ordinance and
the conditions of zoning approval for this license.
2. Game rooms may be open only between the hours of 11:00 a.m. and 12:00 midnight. On weekdays,
from and including September through May 31, minors shail not be admiried between the haurs of 11:00
a.m. and 3:00 p.m.
3. Sign(s) sha11 be posted near the entry-way to the building advising customers not to pazk on adjacent
properties or other restricted areas.
4. The licensee shall maintain the public sidewalk in front of the building and the parking lot free of
litter and shall provide separate receptacles outside the building for customers' cigarettes and other
assorted ]itter. The trash receptacles shall not be located in the public right-of-way unless a permit is
obtained from the City's Pubiic Works Department.
THEREFORE, BE IT RESOLVED that the Council of the Ciry of Saint Paul hereby approves this license
application.
Yeas Nays Absent
Benanav �
Bostrom �/
Hazcis �
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Montgomery v
Thune �/
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Adopted by Cou�cil: Date �/��A7
Adoption Certified by Council Secretary
By: %o /D, /(,� ///i%/GS/Jri
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Approved by Mayor: Date
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Requested by Deparhnent of:
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Form Approved by City Attomey
By:
Approved by Mayor for Submission to Council
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Contact Person & Phone:
Maroia Mcemiond
266-8570
Must Be on Council qqen
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentConWCt: JeanBirkholz
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A55�gn
Number
For
Routing
Order
ConWCt Phone: 266-8673 I I
ToW I# oF Signature Pages _(Clip All Locations for Signature)
CosURevenue Budgeted:
Approving [he license application with conditions, per the Legislarive Hearing Officer, for Joe Furth, co-owner, Eclipse Records of
Minnesota LLC, doing business as Eclipse Records at 1922 University Avenue West.
ioauons: t�pprove �n) or ne�eci �n7: rersona� aernce comrecus musa wnswer me rouovamg uuesnons:
Planning Commission 1. Has this person/firm ever worked under a conVact for Nis department?
CIB Commitlee Yes No
Civil Service Commission 2. Has ihis perso�rm ever been a cdy employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Facplain all yes answers on separate sheet and attach to gre¢n sheet
Initiating Problem, Issues, Opportunity (Who, Wha; When, Where, WhyJ:
AdvantageslfApproved:
DisadvanWges If Approvetl:
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Financial Information:
(Explain)
Green Sheet NO: 3036311
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1 onncil De arcment Direetor
2
3
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5 C1erk CS Clerk
AMivity Number.
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January 19, 2007 9:01 AM Page 1
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LICENSE HEARING MINUTES
Eclipse Records located at 1922 University Avenue West
Thursday, January 11, 20Q7, 3:15 p.m.
330 City Hall, 15 Keliogg Boulevazd West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 337 p.m.
Staff Present: Jeffrey Hawkins, License Inspector and Larry Zangs, License Inspector, License,
Inspections and Environmental and Protection (LIEP); and Jean Birkholz, Conncil Research
Others Present: Joe Furth, business owner; Jason A Brazil, business pariner
Eclipse Records: Game Room and Cabaret - Licenses
Ms. Moermond stated that these license applications aze for Class N Licenses which require
nei�borhood notification. Other Class N Licenses include: auto sales, auto repair, liquor,
entertainment, etc.—things that have an immediate impact on their neighbars. The City received a letter
of objection to the issuance of these licenses which means that a Legislative Hearing was necessary.
There are three (3) possible outcomes to this hearing. She could: 1) recommend to the City Council that
they grant these licenses without any conditions; 2) recommend to the City Council that they grant these
licenses with agreed upon conditions; or 3) recommend to the City Council that they refer this matter to
an Administrative Law Judge, which usualiy 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 workabie at this location or if
she thinks that there aze conditions that aze absolutel� 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 hear from people who are here in support of the issuance of these
licenses and those with concerns about issuance of these licenses. Then, she will talk about how to deal
with some of the concerns. Finally, Ms. Moermond will make a recommendation which will be
presented to the City Council.
Mr. Lany Zangs, LIEP, reported that staff has reviewed the application and recommends approval with
the following conditions:
I. Licensee shall maintain off-street parking for the business pursuant to City Ordinance and
the conditions of zoning approval for this license.
2, Game rooms may be open only between the hoixrs of 11:00 a.m. and 12:00 midnight. On
weekdays, from and including September through May 31, minors shall not be admitted between
the hours of 11:00 a.m. and 3:00 p.m.
Mr. Zangs added that there are building permit issues to be resolved and Fire requirements to be met
before the licenses will actually be issued. The building owner has some open building permits; he has
been informed and wiil be warking on that. Eclipse Records will need to have drawings prepared by an
architect for the game room area and for the cabaret area.
07-9�
Mr. Jeffrey Hawkins, LIEP, reported that the BZA approved a needed pazking variance (22 spaces for a
total of 55) on January 2, 2007; no appeals have been filed to date. He added that the business is
currently open as a retail store.
Mr. Joe Furth stated that this space is leased. The business will be a record store and a game room with
arcade games and a few pinbail games and an area for musical performances. Mr. Furth added that the
letter of concern brings up some of the trouble that they with the business on Grand Avenue, which he
finds unsubstantiated. Litter was brought up before but Mr. Furth contends that they were very good
about taking caze of the area they were in and not impacting the neighborhood. Mr. Furth is unsure
where `unruly conducY is coming from alluded to in the letter. Regazding the graffiti, Mr. Furth is not
awaze of any cases of graffiti that were attributed to his business being on Grand Avenue.
Ms. Moermond asked how long they have been operating as a record shop at the current location. Mr.
Furth responded that they haue been open for two (2) weeks.
Ms. Moermond said that she thinks it would be a good idea to post signage near their door indicating
where Eclipse Records parking is located. Regarding the litter concern, Ms. Moermond suggested
placing ash trays and trash receptacles outside the door. Mr. Zangs reminded everyone that anything
thaYs placed outside must also be brought inside at closing time. Mr. Furth stated that they intend to
make sure everything is picked-up and the sidewalk is swept.
Regarding noise, Ms. Moermond asked if the peopie on the street will be heazing the same volume of
noise as the inside of the performance azea when the front doar is opened. Mr. Furth answered that it is
buffered; the cabaret azea is set back from the retail space.
Ms. Moermond asked about the hours of operation. Mr. Furth responded that the hours are 11 a.m. to 10
pm. Monday through Wednesday and 11 a.m. to l lam. Thursday through Saturday; they are closed on
Sundays.
Theresa Heiland, Meniam Park Community Council, provided testimony. She stated that the Merriam
Park Community Council did send a letter in support of the parking variance. At their December 13,
2006, meeting, the3r board of directors voted unanimousiy to approve Eclipse Records' application for
game room and cabazet licenses. Merriam Park Community Council recognizes small neighborhood
business development as a vital part of its culture and economy. They believe that Joe Furth and his
business partner, Jason Brazil are enthusiastic about contributing to Merriam Park and also providing
recreation to youth, city-wide, at an age when it is important to offer a unique alternative to drugs and
alcohol. The Council knows that the Mayor's office is in support of this business and is encouraging it
for some of the same reasons that were mentioned. Ms. Heiland has met Joe and Jason several times
and she trusts that if she receives a call of complaint about Eciipse, she can go to them and voice that
complaint. She also trusts that they would deal with it immediately.
Ms. Moermond recommends granting these licenses with the addition of two (2) conditions:
1. Licensee shall maintain off-street parking for the business pursuant to City Ordinance and
the conditions of zoning approval for this license.
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2. Game rooms may be open only between the hours of 11:00 a.m, and 12:00 midnight. On
weekdays, from and including September through May 31, minors shall not be admitted beriveen
the hours of 11:00 a.m. and 3:00 p.m.
3. Sign(s) shall be posted near the entry-way to the building advising customers not to pazk on
adjacent properties or other restricted azeas.
4. The licensee shall maintain the pubiic sidewalk in front of the building and the parking lot
free of litter and shall provide sepazate receptacles outside the building for customers' cigazettes
and other assorted litter. The trash receptacles shali not be located in the public right-of-way
unless a permit is obtained from the Ciry's Public Works Department.
The hearing was adjoumed at 4:02 p.m.
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