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08-741CITY Prese�ted by Council File # � - � Green Sheet # p�Ye ' RESOLUTION � �fN7„PAUL, MINNESOTA 1 WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20070000874) 2 Dance or Rental Halls and Restaurant (B) —13-50 Seats licenses for Eritrean Community Center of 3 Minnesota, doing business as Eritrean CommuniTy Center of Minnesota, 1935 University Avenue West, be 4 approved with the following conditions: 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The assembly (rental hall) use is confined to the 3553 square foot space located in the rear-northern part of the building (see floor plan in address file). 2. Per the arrangement for off-street parking approved by the zoning administrator, the licensed rental ha11 activity will only operate on weekends when the community center offices are closed. 3. Licensee shall ensure that members/guest will not park their vehicles on neighboring properties. Memberlguest parking shall be on the license premises or on the public street. 4. No use of the basement is allowed other than access for service of the building systems. Any future use of the basement or change of use of the front-southern part of the building will require prior approvals of the plans by both the zoning administrator and building official. 5. With each yearly license renewal, the licensee will furnish to the Department of Safety and Inspections (DSI) a list of the current officers, their titles, home addresses and dates of birth. 6. Licensee shall work with the adjoining property owner at 1919 University on an acceptable design solution and drainage easement to discharge the licensee's roof drains to 1919 University's property. If mutual agreement on this issue cannot be reached by both parties, the roof drains shall be re-directed to discharge to the licensee's pazking lot at the reaz of the building before entering the public sewer system. Discharge of stormwater direcUy on to a public sidewalk is not permitted. The deadline for compliance with this condition is August 1, 2008. 7. The parking lot shall be striped in accordance with the approved site plan by 8/1/08. 8. The fencing around the parking lot shall be repaired within 30 days of granting of the license. 26 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 27 Application. Bostrom Carter Stark Thune Helgen Adopted by Council: Date � Adoption Certified by Council Secret�fy By: � ' � Approved � a Dat — 7 � py' By: Requested by Department of: � Form Approved by City Attomey B Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �'��'/ (,`Q - Council Contaa Person & Phone: Marcia Moermond 266-8570 Must Be on Council Agenda by (Date): 09JUL-OS Doc. Type: RESOLUTION E-DOCUment Required: Y DocumentConWCt: JeanBirkholz 25-JUN-0B � Assign Number For Routing Order Conqct Pho�: 266-8573 I I Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3056144 0 ounpl 1 onnca De artment Direc[or 2 i Clerk (.ti C1erk 3 4 5 Approving the license applicafion with contitions, per the Legislative Hearing Officer, for Dance or Rental Halls and Restaurant (B) - 13-50 Seats licenses for Eritrean Community Center of Minnesota, doing business as Eritrean Community Center of Minnesota, 1935 University Avenue West. iaauons: npprove �H) or rce�ect (rc�: rersonai service wn[recu mus[ nnswer me rouowmg �.euesnons: Planning Commission 1. Has this person/firm ever worked under a contract for this depadment? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete 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: Transaction: Funding Source: Financial lnformation: (Explain) CostlRevenue Budgeted: Activity Number. July 10, 2008 12:12 PM Page 1 LICENSE HEARING MINUTES �'�� � Eritrean Community Center of Minnesota at 1935 University Avenue West Tuesday, August 14, 2007, 2:00 p.m. 330 City Hall, IS Keliogg Boulevard West Marcia Moermond, Legislative Hearing Qfficer The hearing was called to order at 2:10 p.m. Staff Present: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Deborah Weinblatt, Metro Plains Eritrean Communitv Center of Minnesota: Dance or Rental Hall and Restaurant (B)--more than 12 seats licenses Ms. Moermond stated that the applicant, Mr. Fitsum Zerai, is not present today, despite being contacted twice by phone and once by letter. Ms. Moermond stated that in these hearings, there aze three (3) possible outcomes. Ms. Moermond could recommend to the City Council: 1) that they grant this license without any conditions; 2) that they grant this 13cense with agreed upon conditions; or 3) that they not issue the license but refer the 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 applicants find unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appeaz on the Consent Agenda. At this informal hearing today, staff from the Department of Safety and Inspections (DSI) will provide a report on the application; then Ms. Moerxnond would normally ask the applicant to describe the reason(s) for the license application. After that, she would hear from people who are here in support or with concerns about the license. Ms. Moermond will also put on the record concerns that have been received by letter or email. The reason this hearing is being conducted is because two (2) letters of concern have been received. Larry Zangs, Departrnent of Safety and Inspections (DSI), gave the license application summary. DSI is recommending approval of the license with the following five (5) conditions: The assembly (rental hall) use is confined to the 3553 square foot space located in the reaz- northern part of the building (see floor plan in address file). 2. Per the arrangement for off-street parking approved by the zoning administrator, the licensed rental hall activity will only operate on weekends when the community center offices are closed. 3. No use of the basement is allowed otl�er than access for service of the building systems. Any future use of the basement or change of use of the front-southern part of the building will require prior approvals of the plans by both the zoning administrator and building official. �-��� With each yeazly license renewal, the licensee wili fumish to the Department of Safety and Inspections (DSI), a list of the current o�cers, their titles, home addresses and dates of birth. Ms. Moermond asked Mr. Zangs to explain the fourth condition. Mr. Zangs explained that the Eritrean Community Center of Minnesota is a group of individuals that rotate officers on a yeazly basis, so DSI has asked that they inform the City each tune new officers aze selected. Mr. Zangs went on to say that the Eritrean Community Center of Minnesota purchased this building a few yeazs ago. The front of the building is primarily used for their community center activifies: working with youth, helping with job placement, etc. The back azea of the building, formerly a warehouse area, is being used for their weekend community gatherings. There is not enough parking on the lot (52 parking spaces) to service both uses. But the zoning code allows the zoning administrator to look at shazed parking arrangements within a space. In this case, the zoning administrator allowed a shazed use of that pazking. When the office area is in use, it requires 29 parking spaces; the rental hall azea requires 49 parking spaces. They aze compliant with the zoning code as to parking. If there aze issues of peopie parking on other lots, he would need to be informed. He suggested that signage could be posted regazding parking. Other businesses could post "No Parking; towed at your Own Expense." Ms. Moermond asked whether Mr. Zerai has signed off on the first three (3) conditions. Mr. Zangs replied that he has not. Ms. Deborah Weinblatt, representing Metro Plains Development and the ownership of the building, provided testimony. Ms. Weinblatt stated that they have dealt with this community for a while. They have a different culture, a culture that doesn't discuss anything with women. Currently, the Eritreans use Meh�o Plains parking lot on Sundays for their church; they take down the "No Parking" signs and park there anyway. So far, Metro Plains has not had their cars towed. Ms. Moermond asked about the tenancy in the Metro Plains building. Ms. Weinblatt replied that Ramsey County Mental Health holds classes there as well as other schools and training programs. Ms. Weinblatt continued to say that she is concerned about the weekends because the Eritrean Community Center of Minnesota doesn't maintain their property; there are a lot of issues next door. They don't keep it clean; it's an irritant. Metro Plains has a difficult time contacting them, as well. Mr. Zangs interjected that his understanding is that most of this group have day jobs and maybe that is some of the reason no one has appeazed here today. Mr. Zangs said that he has had this issue before where they have had to schedule to come in at 4:00 or 430 p.m., and in some instances Mr. Zangs has had to make arrangements with their employer for them to come to the office. Mr. Zangs asked Ms. Weinblatt if the Eritrean Community is using their back parking lot. Ms. Weinbiatt responded that they do use some of it, but because Metro Plains' is so easy to get in and out of, they tend to use Metro Plains' parking lot. Ms. Weinblatt asked whether they would be serving alcohol at the community center. Mr. Zangs replied that they would not. Ms. Moermond added that it should be noted that the license does not restrict them from using alcohol but it does restrict them from selling alcohol. However, it is a rental dance ha11 tocation and so alcohol could be brought in to serve. Ms. Moermond asked Ms. Weinbiatt to talk about the issue with the storm sewer. Ms. Weinblatt responded that the community center's roof drains onto their property. In the winter, it gets very icy but 2 a8 -�r�/ it hasn't been taken caze of properly, so it is a huge liability for Metro Plains. There's a high volume of patients from Ramsey County and children going tluough there; iYs an on-going issue for Metro Plains. Ms. Weinblatt added that the community center doesn't maintain their building or their property. Things aze fallang and there are broken fences. Ms. Moermond stated that it appeazs there aze some run-off problems. She asked Mr. Zangs how DSI would evaluate those issues on a license appiication. Mr. Zangs replied that he thought the roof issue had been resolved. Part of the rain leader disconnect program required that this water be taken out of the sanitary and dischazged to grade. He thought that they were dischazging this water to the back; he recalls that discussion. The building official was dealing with that, so Mr. Zangs tt�ought it had been resolved. Now, it seems that it may not have been resolved. Mr. Zangs asked Ms. Weinblatt whether Metro Plains had ever given the community center permission to dischazge to their property. She replied, "No." Mr. Zangs stated that he will refer this to the building official and find out what had been agreed upon. Ms. Moermond mentioned that there was a case, not too long ago, on Rice Street—an auto repair shop and it's below Rice Street. Behind it is a Brach's property where there was some re-grading that created a run-off problem. The District brought this up in the context of license conditions for the auto related license even though it wasn't the auto property that created the nxn-off situation. Mr. Zangs recalled the situation and will discuss it with his colleagues. The letter from Metro Plains also mentions insufficient lighting. Ms. Moermond asked Ms. Weinblatt to be specific about which lighting was being referred to. Ms. Weinblatt responded that the Center has no exterior lighting in the front of their property. Ms. Moermond stated that this lighting situation is a Fire Code issue and needs to be referred to the inspectors, and some of the other issues related to the parking lot like fencing are minimum property maintenance standards that Code Enforcement staff needs to inspect. Mr. Zangs interjected that if there is fencing that is dilapidated or in disrepair, Code Enforcement staff will be taking a look at it and if necessary, issue the necessazy orders. Condition wise, Ms. Moermond stated that without an applicant, she has no one to negotiate conditions with. Through staff, Ms. Moermond may try to communicate in writing to the applicant about the conditions she thinks are necessary to make this workable. This will give them an opportunity to accept or reject them. Pending conditions have to do with the maintenance of the property, lighting of the entrances and exits, water run-off from the roof (make the license conditioned upon this beang addressed), and signage. Also, Ms. Moermond needs to have the Eritrean Community Center interact with Metro Plains to develop a signs for parking that make it clear where people who come to the Eritrean Center must park. Other conditions need to address the trash cans being emptied at least every two (2) ar three (3) days and definitely after weekend events; and the retaining wall and fence. Ms. Moermond asked Ms. Weinblatt whether she had other concems that she would like to put on the record. Ms. Weinblatt responded noted that they are concerned about a retaining wall in the parking lot that someone may drive tPu�ough. Metro Plains is mainly concerned about the Eritrean Community Center patrons using their parking lot and not being respectful when they do. Ms. Moermond asked Mr. Zangs to communicate with the Eritrean Community Center letting them know what conditions were established and that the Legislative Hearing Officer feels that they are necessary to make this workable at this location. If the Center finds those conditions acceptable, then Ms. Moermond is comfortable with going ahead and recommending to the City Council that they issue the license with those conditions. If the Center wants to meet and talk about those conditions further, Ms. Moermond will make sure that happens; an additional hearing will be scheduled. �8 ���fl Ms. Moermond asked staff how long the Center had been operating without a license. Mr. Zangs responded that it could be a few years already. Ms. Moermond surmised that it had been observed that they were operating without a license, so they were alerted that they needed a license for these activities and subsequently, much later, they came in to apply for the license. Mr. Zangs replied that was the case. He added that their gatherings have been kind of sporadic and there has been much discussion about making the building compliant with the code for the change in use (perhaps in 2003). Mr. Zangs will contact Fire and Code about inspections that need to take place. The hearing was adjourned at 2:49 p.m. /jab