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09-1047Council F'rle # ��'�� Green Sheet # 3079716 WIIEREAS, Pat McGovern's Inc d/b/a Patrick Mcgovern's Pub, located at 225 7th Street West in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of a restaurant Add-on (bar only} ]icense to the existing licenses to permit an extension of the liquor seroice area into a space(addressed as 241 7th Street) adjacent tq and immediately west of, the existing outdoor patio seating area.; and 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WIIEREAS, the West 7`� Fort Road Federation has agreed to the waiver of the notice requirements; and WHEREAS, the Council finds that the applicarion is in order and that with the additional conditions, there aze no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the ]icense 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 expiration of the 45-day period and the complaint provides a basis for adverse action against the license, that the Department of Safery and Inspections may direct the licensee to immediately discontinue all operations until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefore, be it, RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code are hereby waived and a restaurant Add-on (bar only) license is issued in addition to the existing licenses to permit an extension of the liquor service area into a space(addressed as 241 7Yh Street) adjacent to, and immediately west of, the existing outdoor patio seating area for Pat McGovern's Inc d1b(a Patrick Mcgovern's Pub, located at 225 7th Street West in Saint Paul, subject to the agreement stated above and the following license conditions: In lieu of the need for a shared parking agreement, on Apri16, 2009, the Board of Zoning Appeals approved a parking variance for 55 off-street parking spaces, subject to the following conditions: 1. Site plan review approval is obtained for the parking and patio expansions 2. The applicant provides bike racks or lockers on site for patrons. ADDITIONAL LICENSE CONDITION5: 3. Smoking is not permitted in the expanded space at 241 7th St W. 4. The space at 241 7th St W is licensed as a seasonal space, and can only be used when the entire outdoor service seating area (patio) is open and serving patrons. 5. The space at 241 7th St W can only be used after all approvals are obtained in writing from DSI. Yeas Nays Absent Requested by Department of. Bosh�om t .— A � � _ Carter ,/ �� �Q� K✓Y�6C -'v�,o �@ ��,C,a Harris g ' �- Helgen ✓ Approved by the Office of Financial Ser ' es Lantry � Stark ,.i By� Thune ri Appro b CiTy Attorney ----�� BY� � _ � � ZC . Adopted by Council: Date ��� Approu y y r for Submission to Council Adoption Certifi by C icil Secretary gy; By: , � i Appro d a3 Date � � By: �. RESOLUTION 2 CITY OF SAINT PAUL, MINWESOTA � �? � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ! DepartmentlOfficelCoundl: Datelnitiated: �� � S � _Dept.ofSafety&Inspections { ��SEP2009 ' Green Sheet N0: 3079716 � Contact Person 8 Phone: ' � Chnstine A. Rozek � 266-910 Assign �j Must Be on Council Agenda by (Date): f Number j Fof Routing � Doc.Type: RESOLUTfON �� Order i j E-Document Required: Y i Document ConWd: Robert Humphrey Contact Phone: 2669123 Total # of Signature Pages _(Ciip All Lowtions for Signature) 0 Deot of Safety & Inspec[ions � i , 1 Dent of SafeN & Inspecfions � Departivent Director I � 2 ` ity Attomev i i 3 ,2YIayor's OHice MarodASSistant 4 ,Council � 5�ity C9eck "i City Cierk i � i Action Requested: Approval of a Resolution waiving the 45 day notice requuements of Chapter 409.06 of the Saint Paul Legislarive Code and granting, with conditions, a restauran[ add-on (bar only) license to permit an extension of [he liquor service area (addressed as 241 Seventh St.) adjacent to, and'unmediately west of, the existing outdoor patio seating area for Patrick McGovem's Inc. Recommendatlons: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer tbe Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes Na 2. Has lhis personlfirm ever been a city empfoyee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain ali yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): - Council action is necessary in order to waive the 45 day notification requirements contained in Chapter 409.06 of the Saint Paul LegislaYive Code. Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Teansaction: Funding Source: Financial information: (Explain) CosVRevenue BudgeMd: Activity Number. September 11, 2009 2:48 PM Page 1 Rug 27 09 10:38a Federation 6512985671 p.2 b������ West 7th/Fort Ftoad Federation 974 West 7th Street Saint Paul._Ninnesota 55102 ;612) 288-5599 August 27, 2009 Ciuisiine Rozek Department of Safety and Inspecuons 375 3acksan Street St. Faul, Minnesota 55102 Ae2r Ms. Rozek, McGovern's iocated at 255 liquor license applicarion. to this request. Wesf Seventh Street has request a 45-day wavier for a The West Set•entt�lFo-t Road Federaaon does not object �ncerely, � ``'�� '; C�.n � Beriy Mo Comznunity Organizer Cooperatiag Fhnd I}rive Member Af�'irmative ActionfEqual Opportuuity Employer