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09-105Substitute 3/18/2009 Presented by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Legislative Hearing Officer recommends that the application for a(I.D. #20080002430) Malt Off Sale license for Thai & Mai Yang doing business as Thai Grocery, 1377 Arcade Street, be approved with the following conditions: 1. 2. 3. 3.2 beer and beer products cannot be sold by the individual bottle or can. Sale of 40-ounce bottles of beer is not permitted. The sale of wine and/or strong beer is not permitted with a Malt Off-Sale license. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Bostrom Council File # 09-]OS Green Sheet # 3066283 -Substitute- RESOLUTION � INT PAUL, MINNESOTA . Harris 23 v ✓ I Adopted by Council: Date �... . -�. � . , /I fi _// I l/. P. � � -. . i �.t� �. .��. � _. �i Requested by Deparnnent of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission m Council By: �y�ids � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �, DepartmentlOffiGe/Council: � Date Initiated: ', co_�°°°°�� '�_�,�-09 Green Sheet NO: 3066283 Contact Person 8 Phone: Nhia Vanq 266-8566 Must Be on Council Agenda by (Date): 28-JAN-09 Doc.Type:RESOLUTION E-DOCUment Required: Y• Document Contact: �ean Birkholz Contact Phone: 266-8673 Total # of Signature Pages (Clip All Locations for Signature) Referring the application for a Malt Off Sale license by Thai and Mai Yang, d/b/a Thai Grocery, 1377 Arcade Street, to the City Attorney's Office for adverse action. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 0 � 2 3 4 5 SentTO Person i Personal Service Contrects Must Answer the Following Questions: 'I. Has this person/firm ever worked under a contract for this department? Yes No 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: Total Amount of Transaction: Funding Source: Financial I nformation: (Explain) � � I Assign I Number I For �I, Routing �� Order i CostlRevenue Budgeted: Activity Number: January 22, 2009 11:53 AM Page 1 Council File # /� -y /�S Green Sheet # 3066283 RESO�UTION CITY OF, SAINT PAUL, MINNESOTA 1 WHEREAS, e Deputy Legislative Hearing Officer held a hearing on October 2, 2008 (See, 2 attached minute f the hearing.) regarding the application for a Malt Off Sale license far Thai 3& Mai Yang doing usiness as Thai Grocery (I.D. #20080002430), 1377 Arcade Street, and 4 recommends that the licant be approved with the following conditions: 5 6 1. 3.2 beer and bee roducts cannot be sold by the individual bottle or can, 7 2. Sale of 40-ounce b les of beer is not permitted, and 8 3. The sale of wine an strong beer is not permitted with a Malt Off-Sale license; 9 10 WHEREAS, following the October 2, 00£ 11 Ward 6 received additional information o 12 expressly opposed the malt off sale licens 13 Minutes, dated November 25, 2008 and De 14 Executive Director Leslie McMurray); and 15 legislative hearing, the Councilmember representing n Payne Phalen District 5 Planning Council that See, Payne Phalen District 5 Planning Council �nber 2, 2008, and email from District 5's 16 WHEREAS, upon review of District 5's informatio the Councilmember representing Ward 6 17 recommends to the City Council adverse action. 18 19 THEREFORE, BE IT RESOLVED that the Council of th City of Saint Paul hereby refer this 20 license application to the City Attorney's Office for advers ction. Yeas Nays Absent BosffOm Carter Hams Helgen Lanhy Stark Thune Adopted by Council: Date Adoprion Certified by Council Secretary By: ApprovedbyMayor: Date By: Requested by Deparhnent of: � Approved by Yhe Office of Financial � Approved by City Attomey ! j'� Approved by Mayor for Submission to Council By: 09- i�5 LICENSE HEARING MINUTES GS 3066283 Thai Grocery at 1377 Arcade Street Thursday, Febivary 12, 2009, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 2:04 pm. Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Sirkholz, Council Research Others Present: Mai Yang, business owner; Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council; Larry Simpson, neighbor Thai Grocerv: To add a Malt Off-Sale license to the existing Retail Food (D) – Grocery 3001-6000 sq. ft., Restaurant (2) – 1-12 Seats and Cigarette/Tobacco licenses Note: A Legislative Hearing was held regarding this matter on October 2, 2008. This application has been refened back to the Legislative Hearing Officer by the City Council. Ms. Vang stated that this is the second legislative hearing for Thai Grocery. This is an application for a Malt Off-Sale license. It is a Class N license which means that the neighborhood is notified and people have a chance to voice their concerns. If anyone has a concern, it automatically triggers a heazing. Other Class N Licenses include: bazs, entertainment, auto sales, auto repair, etc.—things that have an immediate impact on their neighbors. The first hearing was conducted on October 2, 2008. At that time, the Malt Off-Sale license was the only license pending. Because this City office did not receive a recommendation prior to ar on the day of October 2, 2008, Councilmember Bostrom in Wazd 6 wanted to give tl�e district council an opportunity to review and comment on this application. On January 21, 2009, this City office received an email from Ms. Leslie McMurray, Executive Director of District 5 Payne Phalen Planning Council, saying that District 5 did not recommend approval for the Malt Off-Sale license for Thai Grocery. The purpose of today's hearing is to provide the applicant an opportunity to respond to District 5's recommendation and to help Ms. Vang make a recommendation to the City Council in light of the new material. Similar to the October 2" hearing, Ms. V ang will take all testimony into the record. At the conclusion of this hearing, she will hold off her recommendation and give the applicant an opportunity to respond in writing. Once she receives this letter and pending any changes that may be recommended from today's hearing, she will make her recommendation to the City Council in the form of a resolution. Again, there are three (3) possible recommendations: 1) Ms. Vang may recommend that they issue this license without any conditions; 2) she may recommend that they issue this license with agreed upon conditions; or 3) she may recommend that the license application be referred to an administrative law judge for further hearing and findings. Typically, the City Council acts on license applications without discussion. Ms. V ang will ask staff to present any changes to tl�is application and to explain their review of the application and also their recommendation. Ms. Kristina Schweinler, Department of Safety and Inspections, provided a staff report. DSI recommends approval with the following conditions: Seating is limited to 1-12 seats at this location. The restaurant license is issued only as an accessory to the Retail Food license. o�- �� 2. 3.2 Beer and beer products cannot be sold by the individual bottle or can. 3. Sale of 40-ounce bottles of beer is not permitted. 4. The sale of wine and/or strong beer is not permitted with a Malt Off=Sale license. These conditions have been signed by the license applicant. Ms. Yang stated that there have been no changes except adding the 1-12 seating; otherwise things aze still the same. They would like to add 3.2 canned beer as a convenience to their customers. It will be soid in 6-packs, 12-packs and cases. Ms. Vang asked if they sold beer at their previous location on Maryland Avenue. Ms. Yang replied that they did not because their next door neighbor was the East Side Liquor Store. Ms. Vang asked if Ms. Yang owned or leased the building. Ms. Yang responded that she is leasing the building. Ms. Vang asked what her responsibilities were toward maintenance. Ms. Yang replied that she is responsible for maintaining the interior of the building. She pays the owner a fee to maintain the outside. Ms. Vang stated that she had put in a request for a Police Report but has not yet received it. Ms. Schweinler responded that there weren't too many complaints listed in STAMP. The police officer DSI works with is on vacation this week. Mr. Simpson, neighbor, added his testimony. He stated that at the last hearing on October 2, 2008, he brought a petition signed by seventeen (17) residents in Grid 34 that recommended denial of the application for 3.2 Malt Off-Sale at Thai Grocery. He did that at the request of one of the residents who ]ives two (2) doors from this strip mall. The residenY s concern was based solely on the behavior of the previous tenant who did not maintain the property and caused a lot of health concerns. 80% of the people who signed the petition lived outside of the notification perimeter. Since that time, Mr. Simpson has had a chance to monitor the Yang's business and he has found that they run an excellent business. The store is immaculata, both inside and out. He tours the alley behind the store regularly as well as the street and he is not aware of any police concerns with this building/business. The Yang's were held up at gun point shortly after that first hearing and one could hazdly call that a police concern on the part of their business. Since the first hearing, Mr. Simpson has changed his position, and he now supports their application for this license. TheYangs live in the neighborhood (just two blocks away) and run a good business and these are hard times; residents need good businesses in the neighborhood. Mr. Simpson added that a number of the people who originally signed the petition, opposing the license, have told him that the Yangs have excellent food. 50, he is here today to support the application for this license. The community will do what it can to help them. Ms. Leslie McMurray, Executive Director of the Payne Phalen District 5 Planning Council, 506 Kenny Road, addressed the hearing, representing the viewpoints of the board of directors of District 5, who are elected by residents in the area, as well as the issues that were raised at the Land Use Committee meeting. Tn those meetings there were about thirty (30) people who weighed-in on the issue. As the written record reflects overwhelmingly, people welcomed the Yangs to the neighborhood to conduct business on Arcade, and opposition to this particular license was stated with that complimentary statement. Concerns were raised especially because Johnson High School and Farnsworth School are both neazby. It seemed cleaz from the testimony made that there has been a long history of concern about property maintenance there. Ms. McMurray had pulled police calls for service on December 2, 2008, which indicated that since Ms. Yang had taken ownership on August 30, 2008, there had been an armed robbery (of the store), a disorderly disturbance by boys and girls as well as an alarm call. Another concern was that the area is already saturated with places that sell alcohol and that is not in conformance with the area plan or the plans for the neighborhood. At that meeting, Ms. Yang was asked C�-1� how much her business would depend on the sale of alcohol and Ms. Yang stated that her business success would not depend upon the 3.2 license. So, the community rejected the approval of the license. The question came up whether the Holiday Station across the street sells alcohoL Ms. McMurray is not sure whether they do or not. Ms. Vang asked if Ms. McMurray has had a chance to visit the store and perhaps, notice if the building and azea is well maintained. Ms. McMurray replied that her opinion is somewhat irrelevant; she is here to represent the interests of the neighbors. She has not visited the store but the residents have reported that there is glass and litter in the lot. Mr. Simpson clarified that the Holiday Station across the street does not sell 3.2 beer. He has patrolled the parking lot and alley within the last couple of days and there is absolutely no trash or broken glass there. During the warm weather, when they were operating their community watch patro] vehicle, they didn't see any undo traffic there either. The previous owners seemed to have been very lax in their policing of the building and lot; thaYs where all of the bad feelings in the neighborhood arose from. Arcade Street doesn't have many places that sell beer north of Maryland. He couldn't think of even one (1). Ms. Vang asked Ms. Yang if young people come to her store. Ms. Yang responded that even though their store is very close to Farnsworth Elementary and Johnson High School, they don't even have students come in to get a"pop" or hot Cheetos. Students are not allowed to go outside during lunch, and afrer school, most of the students get right onto the bus at 2 p.m. Young people come into the store accompanied by their parents. Ms. Vang asked staffhow many places sell alcohol in the area. Ms. Schweinler explained that there's a difference between liquor and 3.2 beer. 3.2 beer is sold in grocery stores and gas stations. There's an ordinance that says full service off-sale liquor stores can't be within'h mile of each other. She is not aware of any other stores in the close vicinity. Ms. Yang added that there are more places that sell alcohol south of Maryland on Arcade. Ms. McMunay said the neighbors tend to look at Arcade as one piece of the neighborhood and it's a very visible commercial corridor with high traffic. Ms. Vang asked Ms. Yang if she intends to advertise if the 3.2 Malt Off-Sale license is approved. Ms. Vang responded that she doesn't intend to advertise; and she just wants to have a small amount of beer on hand for the convenience of her customers. Ms. Schweinler added that distributors don't cany too many brands of 3.2 beer. Ms. Vang asked the cost of the Malt Off-Sale license. Ms. Schweinler replied that iYs $185/year. Ms. Vang asked about liability insurance. Ms. Schweinler responded that if you sell less that $50,000/year, you can waive liability insurance. Ms. Schweinler noted that this is an annually reviewed license. IC is also reviewed when there is a complaint. Ms. Vang asked staff if she thought that adding a 3.2 Malt Off-Sale license to this type of business would increase traffic to this business. Ms. Schweinler responded, "Absolutely not." Mr. Simpson stated that the East Side right now is plagued by perceptions more than reality. In reality, once the manufacturing base was lost, a lot of the liquor businesses were also lost and are still declining. He has lived just four (4) blocks from this store for over 25 yeazs. (�-��5 Ms. Yang added that the message she has gotten from the neighbors since she has moved into the store is that they have many complaints for the previous building owners and the people who had the business before. She just wants the neighbors to know that was then and it was operated by somebody else. The Yangs want to change the image and have already spent $45,000 remodeling the place. They have been in business for 30+ yeazs and want to run a good business at Arcade. She just moved to a new home, located only a couple of blocks from the business. Ms. Vang asked if Ms. Yang had a relationship with the building owner. Ms. Yang responded that the building owner is her brother-in-law. He also has a business in the building, the computer center. There is also a salon. Ms. Vang stated again that she will not make her recommendation today. She will give Ms. Yang an opportunity to put together a response to the district counciPs recommendation, plus provide any further information in writing within iwo weeks of this hearing with a due date of February 19, 2009. After Ms. Vang reviews all of the information, she will make her recommendation in the form of a letter, including a resolution which will be presented to the City Council on Wednesday, March 11, 2009. The heazing was adjourned at 2:44 p.m. /jab 4 ��-l05 January 28, 2009 City Council Summary Minutes Page 4 13. Resolution — 09-105 — Referring the application for a Malt Off Sale license by Thai and Mai Yang, d/b/a Thai Grocery, 1377 Arcade Street, to the City Attorney's Office for adverse action. Councilmember Bostrom recommended laying the matter over to March 1 l. Laid over to March 11 Yeas — 7 Nays — 0 �t-�o� January 21, 2009 City Council Summary Minutes Page 6 Councilmember Bostrom moved suspension of the rules to introduce the following resolution: Yeas — 5 Nays — 0 Resolution — 09-98 — Approving the application with conditions, per the Legislative Hearing Officer, for a Malt Off Sale license for Thai and Mai Yang, d/b/a Thai Grocery, 1377 Arcade Street. Councilmember Bostrom stated the business was a block from Johnson High School and a block- and-a-half from Farnsworth Elementary School, and that District 5 opposed the resolution. He recommended denial and asked about notification or public hearing requirements. Deputy City Attorney Gerald Hendrickson stated that in the case of an adverse action recommendation the application would have to be referred to the City Attorney's office for an Administrative Law Judge (ALJ) hearing. He recommended laying the matter over while it was set for an ALJ hearing. Legislative Hearing Officer Marcia Moermond stated that a legislative hearing had been conducted on the application and that several conditions had been laid out at the hearing but that at a subsequent neighborhood meeting, members of the community had indicated that there were no conditions that would make the a liquor license acceptable at that location. She stated that a new resolution could be prepared incorporating the community feedback and the counciPs intention to refer the application for an ALJ hearing. Laid over to January 28 The following action on the previous item was taken at the beginning of public hearings. Councilmember Bostrom requested that the suspension item involving the license application of Thai Grocery, 1377 Arcade Street be withdrawn. �y �ds From: "Leslie McMurray" <d5-director@visi.com> To: <Danbostrom@aol.com>, "'Scott Renstrom"' <Scott.Renstrom@ci.stpaul.mn.us... Date: 1/21l2009 12:51 PM Subject: Opposition to 1377 Arcade Liquor Sale License Attachments: Approved Board Meeting Minutes 2008.11.25.pdf; DRAFT CPED DECEMBER 120208 M inutes.doc Dear Marcia Moermond and 'JVard Six City Council O�ces: The Payne Phalen District Five Board of Directors at its November 25, 2008 Board of Directors meeting passed a motion to not recommend the license application at 1377 Arcade for Thai Grocery. Over 30 residents made known their opposition to this license on the basis of proximity to other sales venues for alcohol, the high youth population, traffic patterns, and history of poor maintenance at this location. Discussion points raised by neighbors included: A history of poor maintenance at the site, heavy littering of broken glass. The high youth population and the close proximity to Johnson High School and Farnsworth Elementary and Farnsworth (Cleveland) were cited as being problematic. The issue was heard a second time at the subsequent December 02, 2008 meeting and no further action was taken. The November opposition to the license application remains the District Five position. The minutes of both meetings are attached. Leslie McMurray, Executive Director /Organizer Payne Phalen District Five Planning Council 506 Kenny Road, Suite 130, Saint Paul, MN 55130 651-774-5234(P)�651-774-9745(F) www. paynephalen.org Minutes from CPED Meeting —Tuesday, December 2, 2008 at Eastern District Police Station. NOTE —Attendance record should be verified monthly by CPED members. Sign in sheets are to be completed at each monthly meeting). Present: AI Oertwig (ACTING CHAIR), Ryan Kapaun, Sheldon Schwartz, Ed Davis, Cheryl Peterson, Danny Garcia-Velez, Ray Sammons, Buzz Wilson, Roy Evans,lerry Livesay, Phil Sandro (New Member). Absent: EXCUSED (CPED Chair, David Syers) The meeting was called to order at 6:35 p.m. by AI Oertwig, Acting Chair. The agenda was modified to add an item related to Public Works maintenance of Aguirre Street (Murph Dawkins) and to add a traffic safety issue raised by resident Gerry Martinez. Mr. Oertwig welcomed the community members, noting which issues residents wished to speak to. Costa Azul Beer and Wine — Seated Restaurant at 989 Pavne and Jenks. Community Notification: The City has previously notified all businesses and residents within the required 350 feet of the address. No comments were received at the District Five office. 50 flyers were distributed to surrounding businesses and residents by D5 staff. Issue: Ms. Blanca Arreola is new business owner as of October 1�� 2008. She has submitted a license application for beer and wine at this sit down restaurant. At her own initiative, she came to CPED in November and provided information about her business plans and her license application. The City Notice of Application was received several days after that meeting. CPED determined to review the City's proposed conditions for the license. District Five staff flyered the immediate area giving notices of the CPED meeting and this issue. The City has also done its mailing to buildings within a 300 foot radius of the address. Staff received no input prior to this meeting. Ms. Arreola spoke and brought ESNDC's Anne Briseno, who has worked with the applicant on her business plan. Ms. Arreola began by stating she would request that the City remove the 2:00 a.m. closing time and she stated that now the hours of operation would be Sunday through Thursday closing at 10:00 p.m. and Friday and Saturday closing at 11:00 p.m. Action: Ray Sammons moved that CPED recommend approval of the License Application with the understanding that the hours of operation are to close at 10:00 pm. Sun — Thursday, and 11:00 p m. on Fri — Saturday. Ed Davis Seconded the motion. Motion passed by vote. Mr. Oertwig thanked the applicant and wished her success in her business. 1377 Arcade Malt Off Sale. Retail Food fD) — Grocerv 3001 -6000 sq feet Restaurant 11) — No Seats and CiqarettelTobacco License Thai Grocerv. Applicant Thai Yanq Ms. Mai Yanq sqoke on behalf of the business. Community Notification: The City has previously notified all businesses and residents within the required 350 feet of the address. No comments were received directly at the District Five office. However, resident concerns triggered a Legislative Hearing held on October 2, 2005. This Hearing included a neighbor-led petition from some 16 residents, individual testimony and an e-mailed letter. All opposed the license application. The area was flyered by District Five staff (50-60 flyers). Residents were notifed that the issue would appear on the December 2008 CPED agenda. The applicant received a direct invitation from the Executive Director, who explained the Board and CPED process to date. The District Five office received three e-mails in response to the flyering — all opposed to the issuance of a Iicense. Eight residents attended the CPED meeting to voice opposition Pavne Phalen District Five Plannine Council — CPED Committee �� /�5 to the license �,(,./vs ISSUE: Mr. Oertwig introduced the discussion, a�rming the Council's role as a resident advisory group to City decision-makers. He asked the CPED Committee members to focus upon the specific issues relevant to the license, rather than internal process issues. D5 staff outlined both the notification process and CPED and Board actions to date. Board President Ryan Kapaun stated that he had evaluated the process, and while timing issues were not ideally situated, he determined that Board and staff acted prudently given information known at the time. However, when a concern was voiced, and the City communicated it was possible to incorporate additional community and applicant input, the choice to have CPED hear and review the issue best fulflled the District Five mission. The applicant and residents were thanked for attending. Ms. Mai Yang introduced herself and noted she has run a store for 30 years in another location. Her lease expired at the former site and she moved to Arcade. She would expect to be trained by the City on how to implement her license and would follow conditions imposed. She expects to sell cases of beer and wishes to do this as customers have made the request. The sale of beer would be approximately 1% of her business. She will check IDs and her staff are mature individuals. She stated that Johnson High School students are not primary customers. Larry Simpson introduced himself as a concerned resident and noted that he had attended the Legislative Hearing and had taken a petition from 16-17 neighbors to the hearing. Ray Sammons clarified that 3.2 beer was the beverage in question, stronger alcoholic drinks were not to be sold. Discussion points raised by neighbors included: A history of poor maintenance at the site, heavy littering of broken glass. The Tom Thumb was not the previous owner. Pang Grocery did not sell beer. There have been a number of owners since Tom Thumb left, and neighbors report there were problems with the Tom Thumb, The high youth population and the close proximity to Johnson High School and Farnsworth Elementary and Farnsworth (Cleveland) were cited as being problematic. There was discussion regarding the Holiday Store on Arcade. There was not certainty of whether or not Holiday sold beer. Reid Solely in the Legislative Hearing minutes testifies that there is no venue within a radius of 300 feet from the Thai Grocery that se11s beer. (Staff received a report that in fact, Hofiday does not setl beer and had declined to pursue the opportunity to sell beer, out of respect to the issues being raised by neighbors). D5 staff had pulled police calls for service Police calls for service since Ms. Yang took ownership (August 30` 2008 — 3 months) included an armed robbery, and disorderly disturbance by boys and girls as well as an alarm caN. A number of residents spoke to their general opposition to increasing sales venues for beer, wine or liquor on Arcade street. "We have too many placed where people can buy alcoho{. We are saturated with these businesses. I do not see how this improves our neighborhood in any way. "We applaud Ms. Yang for putting her business on Arcade. We wish her great success and we will shop there. However, we fear the result of having another place to buy beer so close to the school, and on our busy Arcade Street. There will be a negative spillover effect into our neighborhood. We are also concerned about traffic and driver safety, in case drivers are imbibing. We worked very hard to get a stop sign put up to handle irresponsible driving and to improve safety in our area. It is hard to imagine that we are safer with the addition of this license in our area. We could see this application possibly affecting the safety of our children". Littering and broken glass are concerns. Even without a license, residents complain they are frequently picking up broken bottles and glass. One resident stated that while it was not the owner's fault, people were driving to the parking lot, parking, drinking and then illegally dumping their debris in the neighborhood. "I've seen people pull into that lot, they sit and drink and then toss their cans. We ask that you please consider putting the license on hold and first get to know our neighborhood". Ms. Yang responded to questions. The license will cover about 1% of her business. Her business success will not depend upon this license. She is applying for the convenience of her customers. The hours of her store will be 8:00 am to 9:00 p.m., seven days a week. � /D ,� Mr. Oertwig encouraged CPED to deliberate on the issue. Buzz Wilson asked residents if they had a concern with the current owner's management or was the concern about introducing more alcohol sales in the neighborhood. The residents stated they do not yet know the current owner, and that they are generally opposed to having more places where alcohol is sold in their neighborhood, for alI the reasons stated. Ray Sammons stated he was uncomfortable with voting against such a license, until CPED has discussed and formulated a standing policy on how they will handle malt off sale license applications in District Five. He believes it will be beneficial to have a standard policy in effect that D5 staff can communicate to applicants. Ryan Kapaun stated his disagreement with having a fixed policy and cited that CPED would not have to meet if there were fixed policies. CPED must examine each application within context. The ordinance already provides the only enforceable policy. He noted that CPED has notably stated with previous applications that the neighborhood has reached a saturation point with places to purchase alcohol. He believes that that the ease and availability of purchasing alcohol has exceeded a community standard. He spoke of an application at Forest and Maryland that CPED denied and he noted that similar objections appfy in this case Some locations are simply too small to handle the impact of alcohol sales, or locations have primary foot traffic, a high youth population, and the use does not blend with the existing character of the neighborhood This section of Arcade abuts a primarily residential neighborhood and residents have voiced opposition. He moved that CPED oppose the off sale malt liquor license at 1377 Arcade. Sheldon Schwartz seconded. Jerry Livesay asked the Committee Chair to rule if the motion was in order, noting that the Board had already voted in opposition to the license. Mr. Oertwig expressed that the motion was in order. Jerry Livesay expressed that he lived near a crack house and knew about neighborhood nuisances. However, he did not believe that the license was that large of an issue. He noted that you could not walk down ihe street without a vendor of alcohol. He did not feel the burden of cumulative neighborhood problems should rest on this applicant He is glad to see the business on Arcade. The question was called and the Chair moved to a vote. Division was called 5 to 4. The motion failed. Ray Sammons moved to recommend the license be approved with current conditions, including that sales end at 9:00 p.m daily. No glass bottles shall be permitted, The Store shall monitor and maintain parking lots and nearby streets and alleys and remove litter and curtail any nuisances. Seconded. The Chair called for a vote. Division was called (5 to 4) and the motion failed. Buzz Wilson offered a mediated position wherein the owner would volunteer to not pursue the license for 90 days, until the business and residents have opportunity to know each other. There was no interest in this option and a resident pointed out the owner has had the property since August 30�", 2008. A resident clarified that the opposition and the issue is not directed at the owner but rather is regarding the proliferation of alcohols sales in this particular location. "We are a stressed neighborhood and this adds to our stress". ACTION: 1 Chair Oertwig noted that in the absence of a clear CPED consensus, following neighborhood input and hearing from the applicant, that the position of the Board remains in effect on the matter. 2 Ray Sammons moved that the CPED Committee put on the January 2008 agenda time for an extended discussion on all alcohol related licenses. His hope is to establish criteria that CPED shall apply to all alcohol related businesses in the District, and that future appficants can be informed of these positions which will be applied as a rule. Motion seconded. Passed by vote. ISSUE: VIOLATION LETTERS Mr. Oertwig asked the Exec Director to speak to the license violatlon letters received for Cab's Put (Tequila Tango) on Arcade Street and for the Case Mini-Market (Forest and Case). Staff noted that Cab's has incurred a serious fine due to repeated offenses. She is aware of a history of reported concerns regarding nuisance noise and she flagged to CPED's attention the underage issue. She noted that D5 staff has had an accountability session with the owner of the Case Mini-Market and that he had promised to work with the community to abate the disorderly behavior of customers, excessive noise and littering and loitering outside the store. He had agreed to attend the meeting but is not present. Staff wants CPED to be fully aware of the serious neighborhood concern with nuisance businesses and to act in accord with the work organizers are doing with neighbors. Ray Sammons moved that letters be sent to the management of both businesses cited, and that letters reference the history of organizing with neighbors with these owners. Ed Davis seconded the motion. Passed by vote. NEW ISSUE: LAWSON AND WALSH INTERSECTION U y �� ds Mr. Jerry Martinez lives near Lawson and Walsh and has a home based business. He witnessed speeding cars at the intersection of Lawson and Walsh and his family was victim of an out of control vehicle which did considerable damage to his cars. The car was driving west, coming from Arcade. He feels a four-way stop is advisable. There are lots of children there and he is worried about the children. Ed Davis moved to direct Staff to follow up with Saint Paul Tra�c Engineering so that the issue may be examined in a comprehensive traffic study with a report in future back to CPED. The letter shall put forward the issue and suggest the specific intervention of a four-way stop to increase safety at this intersection. Seconded. Passed by vote. NEW ISSUE: WADENA (AGUIRRE) STREET IMPROVEMENTS The Chair asked Ms. McMurray to outline the Magnolia Earl RSVP project. Ms. McMurray stated that this project is slated for a public hearing the following day. Public Works Bruce Beese had responded to a concern that the District Council was not notified of the community meeting where the plans and assessments were discussed with residents. D5 will be noticed in future and the omission was an error Staff has heard that the resident response was positive to the plans and that assessments are financed in a manner that appears acceptable to most residents. A very small poRion — Wadena (now named Aguirre) is on the map and Murph Dawkins came to the offce with a concern about this late this very afternoon. The spur street which dead ends off Payne, is now slated for paving and lighting improvements Ms. Murph Dawkins shared a letter she is proposing to bring to the Public Hearing. She asks to have HRA owned land set aside to widen the street to standard width, to install angled public parking spots on the street (south side), and to install a new sidewalk next to her building (north side). She is asking other businesses for support. Staff noted that she discussed this with Anne Briseno, in light of the current Payne Avenue Parking Study being conducted. Ms. Briseno said specific support for parking on Wadena (Aguirre) may be premature for her Committee to back. Mr. Wilson asked how parked cars would exit the area. Ms. Dawkins proposed a turn- round area. It was not clear how costs would be assessed given that Murph Dawkins is the only current business on the street. Ms. McMurray noted that the community has supported a key commercial development on the corner of Payne and Phalen Boulevard as part of Phase 2 of the Payne Phalen redevelopment. Clearly parking will be a consideration for any incoming commercial business She also noted that Wells Street is part of this plan. The Parking Study may be informative in considering alternatives. Sarah Clark and the East Side Heritage Design Advisory Group had wanted to bring to CPED a more thorough discussion about the future uses, trail connectivity and neighborhood access to the public park off Payne Avenue. Given these significant development opportunities, both the Public Works plan and the Dawkins recommendations may be somewhat rushed. Phil Sandro spoke to the need for further exploration of significant development opportunities. Action: Ray Sammons moved that District Five request that the City Council layover the matter of Public Works plans for Wadena Street improvements until CPED has heard alternatives and can look at possibilities for this significant redevelopment area. The issue should be placed on one of the next two CPED meetings (January — February 2009) Seconded. Passed by vote. The Meeting was adjoumed by Acting Chair, AI OeRwig �� ivs F'AYl`IE PHALEN DISTRICT FIVE PLAI`II�IING COLTI�IIGIL STRONG � SAFE .�' WELCOMING .��. CONNEGTED *3•� NEIGHBORHOODS Meeting Minutes of the Board of Directors Payne Phalen District Five Planning Council November 25, 20D8 [Present: R. Evans, R. Fox, D. Garcia-Velez, T. Hecht, R. Kapaun, J. LaFloe, J. Livesay, A. Oertwig, C. Peterson, N. Presley, R. Sammons, P Sandro, S. Schwartz, K. Stone, D. Syers, and B. Wilson. Excused: B. Cooper and L. Krivitz. Staff: L. McMurray.J Item One: Call to Order, Welcome • President R. Kapaun called the meeting to order at 635 p.m. and we]comed those in attendance. Item Two: Community Introductions • President R. Kapaun asked the guests to introduce themselves. • Of note, Leila Paye of Councilmember Lee Helgen's office mentioned that Helgen has begun sending welcome letters to new residents in his ward and including refrigerator magnets printed with important phone numbers, including District Five's. Item Three: Approval of Consent Agenda • President R. Kapaun introduced the consent agenda. • R. Sammons requested the September 2008 board meeting minutes be removed from the consent agenda. Kapaun agreed to do so. • A. Oertwig moved to accept the consent agenda as amended Motaon seconded by D. Garcia-velez. Motion passed Item Four: ApProval of Meeting Agenda (not listed on meeting agenda) • President R. Kapaun indicated that he would place the approval of the September 2008 board meeting minutes prior to the President Report; the CPED item would be heard after the approval of the minutes; and a Fundraising Report would be added after the Treasurer's Report. There were no further additions/amendments requested. • A. Oertwig moved to approve the meeting agenda as amended. Motion seconded by D. Theissen. Motion passed. Item Five: Approval of September 2008 Board Meeting Minutes • R. Sammons suggested a change to the tiUe of the September 2008 board meeting minutes from "Meeting Minutes of the Board of Directors, Payne Phalen District Five Community Council" to "Meeting Minutes of the Board of Directors, Payne Phalen District Five Planning Council," which is the accurate name of the organization. • A. Oertwig moved to approve the September 2008 board meeting minutes, amended as suggested by Mr. Sammons. Motion seconded by P. Sandro. Motion passed. Item Six: Pressing CPED Items • CPED Chair D. Syers introduced an item that had not been fully dealt with during the November 2008 CPED meeting. The prospective business owner of Los Alcatraces Rental Hall had not been able to provide �9�ds Board Meeting Minutes — November 2008 a business plan at the meeting, so the committee did not have enough information to rule in favor or opposition to the business license. • McMurzay volunteered that local residents had not yet been notified regarding the Los Alcatraces Dance Hall/Rental Hall License, but that the city had presumably mailed notices as required by law. As an example of conditions that are regularly applied to permits such as the one Los Alcatraces was requesting, McMurray distributed copies of the conditions that were placed upon the Hmong American Partnership license. • Copies of the Los Alcatraces business plan for 1012 Payne Avenue were distributed and the prospective business operator, Aide Salgado, provided an overview. • R. Sammons recommended District Five approval of the license with the fol[owing conditions: I) those that city staff are recommending; 2) items two, four, six and the first sentence of condition eight as listed on the HAP license*; 3) that the license would only approve operations to be conducted on the building's second- level; and 4) items three and four of the hand-written conditions of the HAP Zicense **. Motion seconded by LaFloe. o R. Fox moved to remove from Sammons motion the words, "and the first sentence of condition eight. " Motion seconded by A. Oertwig. President Kapaun called for a vote by division. The motion passed with 12 yeas to 4 nays. • President R. Kapaun called for a vote on R. Sammons' amended motion. The motion passed. • On behalf of the Planning Council, President Kapaun and CPED Chair D. Syers both thanked Ms. Salgado for coming before the board and wished her a successful operation. • CPED Chair D. Syers introduced a second pressing CPED item, involving a business license request for the Thai Grocery at 1377 Arcade Street. Syers mentioned he had received a petition from a number of local residents, headed by resident Larry Simpson, opposing the approval of the business license. • J LaFloe moved to support the recommendation of the reslderats in the communiry and not recommend support for the business owner's requesL Motion seconded by K. Stone. Motion passed. At their request, R. Sammons and B. Wrlson were recognized for not supporting the motion. • President Kapaun noted that a request to have waived the 45-day community notification period for the proposed sale of alcohof at Costa Azul Mexican Restaurant, 989 Payne Avenue, would not be heard at the November 2008 board meeting. Item Seven: President's Report • R. Kapaun noted that the filling ofthe vacant board position would be held over until the December 2008 board meeting. • The personnel committee met in mid-November to discuss the Executive Director's annual review. Board member evaluations have been solicited and should be given to R. Kapaun by December 12, 2008. The review should be completed by the end of December 2008 and another special meeting will likely be convened to discuss the results. • Board members were asked to consider giving year-end donations to the Planning Council. • 200-plus people were in attendance at the 3M Site Development Meeting. A decision was made to pull the county corrections building move off the table. There will be an upcoming meeting to determine the means of future community input as it relates to the ongoing site development plans. A board resolution letter can be submitted to city council members and the port authority, but is probably not needed at this point. • B. Wilson asked president Kapaun to voice at future meetings with the city, county and port authority the request that the existing buildings on the 3M site not be torn dow� until a final site plan has been agreed upon. *Item Two: The operatmg hours for [he ren[al hall ac[ivities shall be confined [o [he follo�nng schedule 5 00 p m— 9'45 p m on Monday thru Thursday, 5 00 p m— I2 00 m�dmgh[ on Fndays, 8 00 a m— 12 00 midmght on SaNrday and 8 00 a m— 9'45 p m on Sundays Condmon Four The hcensee shall be responsible for �m sunng that one or more secunry persons are on dury at all funcbons takmg place al the hall Secunty shali remam unld all patrons, guesss and members of the public have lefl the area, and shail insure thac no one leaving the hall Imters around or near [he bwlding a If an even[ is antic�pated to involve 100 or more people, the Hmong Amencan Partnership wdl nonfy the Samt Paul Pohce Departmen[ Eas[ Team at least [wo weeks m advance ofsuch rental hall events and shall cooperate wi[h Pohce Department recommendanons for prowdmg appropnace number of secunry personnel and for �mplemennng any o[her secunry measure they deem necessary for crowd control b If an event �s anhc�pa[ed [o �nvolved fewer than 100 people, [he Hmong Amencan Partnership wnll nonfy the Saint Paul Pohce Department East Team w�thin 48 houB of the scheduled event Condrtion S�x The parkmg Iot and bmldmg gmunds wdi be maintamed at all nmes, m accordance wrth mimmum pmper[y mam- tenance standards m the Saint Paul Legislative Code Condmon Eight (flrst sentence) Alcohohc bevereges w�ll not be served at the rental hall for prrvate pames and events covered by this liwnse ** Item Three The parkmg lot and area around the hall w�ll be kept free of htter and well mamtamed Item Four poors and wmdows wdl remam closed dunng ren[al hall events m mm�mize noise Board Meeting Minutes — November 2008 Item Eight: Executive Director Report U��ds • L. McMurray mentioned that the office has been busy and will continue to be in the month of December. • McMunay will be on jury duty for the week of Dec. 8, 2008 and will then take two weeks vacation. � A grant proposal for CURA funds has been submitted. It proposes a partnership between District Five, the YMCA, and the East Side Arts Council. • McMurray is communicating with the East Side Learning Collaborative Program Director, Catherine PenkeR, about further engaging youth in civic responsibility training. • Additional funding possibilities/partnerships are being explored: The McNeely Foundation has approached District Five with funding opportunities surrounding programming to increase inner city residents' access to parks and green spaces (funding would come in June 2009 if funded); Eureka Recycling has a grant program involving the reduction of waste within communities; there is the potential to submit a grant proposal to McKnight or some other large foundation around the implementation of a restorative justice pilot project. � D. Garcia-Velez moved to support the Executive Director's pursuit ofgrants funds for a restorative justice project as well as funding for other relevant pursuits. Motion seconded by C. Peterson. Motion passed. Item Nine: Treasurer's Report • Treasurer J. LaFloe presented the financial statements through October 2008. • The E.D. reviewed the October 2008 Budget vs. Actual financia] report and announced that Metals Recycling earnings from the Fall Clean-up Event were not as high as expected. • R. Kapaun noted that Metals Recycling monies were to be applied toward paying down the organizations debt. • The E.D. presented and reviewed the draft budget for fiscal year 2009; the overarching strategy is to operate on a lean budget while seeking outside funding sources. • D. Garcia-Velez moved to approve the draft budget for fiscal year 2009. Motion seconded by A. Oerhvig. Motion passed • R. Fox moved that the board approve the unused 2008 portion of the Otto Bremer Cultural Organizing Funds (at least $2,000) for use in 2009 to hire an outside consultant whose purpose wiZl be to increase the diversity within the board, attending District Five meetings, and engaged with District Five activities. Motion seconded by D. Syers. Motion passed. • Peterson moved to accept the November 2008 fanancial report. Motion seconded by A. Oertwig. Motdon passed. Item Ten: Fundraising Report • C. Peterson noted that the Downtowner Carwash fundraiser was back in operation. Each coupon sells for $10.00 with $5.00 comi�g back to District Five. Tax deductions for charitable giving can be taken, but only at $5.00 per coupon (since only $5.00 of each coupon goes towards furthering DYs non-profit operations). Item Eleven: Board Action Items President Kapaun called for nominations for the 2008 Neighborhood Honor Roll. After nominations were presented and rationales considered a vote was conducted. The top three nominees were Brooke LaFloe (refuse pick-up), Tom Russ (initiatives concerning restorative justice and community impact statements, and youth involvement), and Linda Arneson and Mary Brauer (streetscape redesign in Railroad Island). D. Garcia-Velez moved that the top three nominees be recommended to the Mayor's Offzce for inclusiore in the 2008 Neighborhood Honor Roll. Motion seconded by A. Oertwig. Motion passed. Item Twelve: Community Announcements or Updates • D. Garcia-Velez moved to adjourn the meeting. Motion seconded by J. Livesay. There being no further business, the motion passed and President Kapaun adjourned the meeting at 8: 56 p. m. Oq ivs LICENSE HEARING MINLJTES Thai Grocery at 1377 Arcade Street Thursday, October 2, 2008, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West NhiaVang, Legislative Hearing Officer The hearing was called to order at 2:02 p.m. Staff Present: Reid Soley, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Mai Yang, owner; and Larry Simpson, neighborhood representative Request for Licenses: Malt Off-Sale, Retail Food (D} – Grocery 3001-6000 sq. ft., Restaurant (1) – No Seats and Cigarette/Tobacco Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N license which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concem, it automatically triggers a hearing. Other Class N Licenses include auto sales, auto repair, entertainment, cabaret, tattoo parlor, etc.—things that have an immediate impact on the neighborhood. The City received one (1) letter of concem regarding tYae issuance of this license. The goal today is to develop a recommendation for the City Council to consider. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue these licenses without any conditions; 2) she may recommend to the City Council that they issue these licenses with agreed upon conditions; or 3) she may recommend to the City Council that they not issue these licenses but refer them to an administrative law judge for a further hearing and findings. Ms. Vang will make her recommendation in the form of a resolution that will go before the City Council for their approval. The resolution will appear on the Consent Agenda at a City Council meeting. Ms. Vang 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 those people who ue here in support of the issuance of these licenses and those with concerns about the issuance of these licenses; and, she will review the email that was sent regarding this application. Mr. Soley, DSI, reported that there are three (3) license conditions that have been stipulated by DSI and agreed to by the applicant: 1. 3.2 beer and beer products cannot be sold by the individual bottle or can. 2. Sale of 40-ounce bottles of beer is not permitted. 3. The sale of wine and/or strong beer is not permitted with a Malt Off-Sale license. Mr. Soley added that DSI has not received a recommendation from District 5. Regarding inspection requirements, there aze no building code issues. Environmental Health has approved; Zoning has approved; and Licensing has approved with conditions. DSI recommends approval with the existing licensing conditions. He added that the licenses for retail food and for the restaurant (1) license (deli) and the cigarette/tobacco licenses have been approved; the applicant already has active licenses for those. The Malt Off-Sale license is the only one pending. �-�-iv.s Ms. Yang explained that she and her husband want to carry beer in the cases, only (12 and 24 packs). They are not planning to sell any single bottles. They plan to always be present to check I.D.s. She added that they have had this business for a long time but moved it from East Maryland to the Arcade location the beginning of August. At the East Maryland locarion, they were right next to a liquor store, so they didn't sell beer. At the Arcade location, they have a lot of customers who are looking for beer sales. The place on East Maryland has been open for over thirty (30) years; they took over the business for the last eight (8) yeazs. Ms. Vang asked Ms. Yang if she had any questions about the conditions placed on her license. She did not. Ms. Vang asked if Ms. Yang owned the building on Arcade. She responded that she did not. Her husband will be managing the business; they have no other employees. Their hours are from 8:00 a.m. to 9:00 p.m. seven (7) days per week. Mr. Soley interjected that a liquor manual will be made available to the applicant when the license has been approved by the City Council. Someone from DSI will go through it with Mai Yang. Ms. Vang asked if liquor liability insurance was required. Mr. Soley responded that insurance is not required far a business selling 3.2 beer off-sale, provided that anticipated annual sales will be less than $50,000. They have signed an affidavit to ttiat effect. Ms. Yang figures that beer will represent only 10 per cent of their business. Ms. Vang asked if they have met with the district council. Ms. Yang replied that they have not. Ms. Vang encouraged them to develop a relationship with the dish council. Ms. Vang asked Mr. Soley if there were similar businesses in the area. Mr. Soley responded that in order to obtain a Malt Off-Sale license in the city of Saint Paul, they must be more than 300 feet away from any other business that sells 3.2 beer off-sale. There are no existing businesses that se113.2 beer within a 300 foot radius. Ms. Vang asked about trash containers. Ms. Yang responded that there is a big 2-yard container in the back alley; there's also a 3-yard recycling container. There is also a small trash can in front. Ms. Vang read the opposition letter from John Schweiss. He opposes because the store is adjacent to Johnson High School. The building owners have a poor history of cleaning up trash from their businesses. He lives two (2) doors from the building on Cottage Avenue, and weekly he picks up garbage from the businesses in that building as well as personally cleaning-up graffiti that the owners have not cleaned-up. Multiple times, he has contacted the building owners to request that they pick-up the garbage and clean up graffiti but they have never responded to his request. He understands that those issues are not the fault of Thai Grocery, but they reflect the building owner's attitude toward their tenants' responsibilities. Ms. Vang asked Ms. Yang how she has dealt with these concerns. Ms. Yang responded that since they moved in August, they have cleaned it up. They have painted the building cut the grass, picked-up the trash and are trying to keep it as clean as possible. It is very important for them to maintain their business. Right now, there is no graffiti. Ms. Vang asked Mr. Soley about the City's policy on graffiti. Mr. Soley replied that people who live in Saint Paul have the ability to fill out a form and someone from the City will come out and paint over any graffiti. Ms. Vang asked Ms. Yang whether she would sign a O� io.s waiver to that effect. She replied that she would. Mr. Soley thought that perhaps the owner (David Yang) of the building would need to sign the waiver. Ms. Yang added that David Yang purchased the building recently but does not know when he bought the business. Ms. Vang asked if they pick up trash in the parking lot. Ms. Yang answered that they pay the landlord a common area fee to have someone come in to clean up. Mr. Larry Simpson, neighbor, representing Grid 34 community, provided testunony. He explained that the Saint Paul Police Department divides the city into about 250 nice squares, each with a grid number. Each gid, very close to the same size, is effectively, a small town community. It's a half mile on each side, bounded by four (4) major streets, and houses approximately 1,200 to 1,500 people. Within District 5, there are fifteen (15) grids. Grid 34 wishes the Yang family well in their business. He is here to register community opposition to the malt beverage license only. The community has also opposed the previous owner's application, which was Pang Grocery, on their application for a malt beverage license, strictly because of its proximity to Johnson High School and Farnsworth Elementary School. The community is on record as opposing any malt beverage license for that location, regazdless of who owns or operates there. There aze already too many opportunities to buy beer on the East Side of Saint Paul. He brought with him a petition with nineteen signatures in opposition to the malt beverage license application. Aside from that, the community definitely supports the Yang family in their business. Mr. Simpson went on to offer information that may help. The previous operator did have a problem with trash disposal in the back of the building. There has not been any evidence of it since the Yang family has taken over. In Grid 34, the community paints over its own graffiti almost immediately. The walls of this particular building have been painted over a number of times by Grid 34. Grid 34 is nearly a graffiti-free grid because the graffiti is painted over almost instantly. He added that the City does do it but their process is a little confusing and iYs quite slow. Sometimes, it willlinger for several weeks, and Grid 34 likes to see it disappear right away. Neighborhood children (10-13 year olds) are enlisted in "graffiti sweeps." They spot it, photograph it and then they help paint it over. Since they started this program, there is no graffiti in Grid 34. They provide their own paint. The community has purchased its own Grid 34 squad car; it patrols its own streets. They consider these small expenses in comparison to the effect of doing it. Ms. Vang stated that it should alleviate some of the community's concerns that no bottles or cans will be sold individually and that the applicant and her husband will be meeting with City staff to go through the manual to make sure that they do not sell beer to minars. Mr. Simpson replied that the community understands that however, East Side youth aze very creative. Mr. Soley added that selling to minors is taken very seriously. There is a penalty grid for the business owner: 1) the first offense is considered a warning and alcohol server training is required; 2) a second offense results in a fine; 3) a third offense within a certain period of time, would be double the initial fine; 4) a fourth offense yields a 30-day suspension; and, 5) if there is another sale within a certain period of time, the license is revoked. Ms. Vang stated that she will recommend approval with the conditions recommended by DSI. The hearing was adjourned at 2:35 p.m. /jab �(9/12l2008) LegislativeHearings=License Application for 1377 Arcade St � ___ Pa9 J � L From: "John Schweiss" <jschweiss@therapypartners.com> To: <legislativehearings@ci.stpaul.mn.us> Date: 9/12/2008 8:08 AM Subject: License Application for 1377 Arcade St Hello, I am writing to oppose the application for a malt liquor license for Thai Grocery at 1377 Arcade. The grocery store is adjacent to Johnson High School which is too close for any business selling alcohol. The building owners have a poor history of cleaning up trash from their business. I live 2 doors down from the buiiding on Cottage Avenue and weekly pick up garbage from the businesses in that building as well as personally cleaning up graffiti that the owners have not cleaned up. I have contacted the building owner multiple times to request they pick up the business garbage and graffiti but they have never responded to my requests. I realize those issues are not the fault of the Thai Grocery store but they reflect the building's owners attitude toward their tenants' responsibilities. If there were any issue with alcohol sales to minors for example 1 think their poor history to neighborhood concerns thus far reflect on how they would respond to new concerns. I welcome new business to our neighborhood but our neighborhood is struggling to maintain a low crime, child friendly atmosphere. Please do not make our work harder and expose the John HS students to one more temptation during and after school. Respectfully, John Schweiss 794 Cottage Avenue East St. PauI,MN 55106 651-293-768 STAMP - Ownership / Zoning Information Page 1 of 1 STAMP - Ownership / Zoning Information ��_ N2w Search Hel� using this re�rt IS Helo Run Date: 09/15/08 11:30 AM Address 1 Count: House#; 1377 Last updated from Ramsey County data on:09/12/2008 Street Arcade Name: Click on "Other Application" links below to access GISmo, MapIT, and Ramsey County Info 1371 Arcade St / 1373 Arcade St / 1375 Arcade St / 1377 Arcade St - Pang Food Market - 55106-S8Z6 - Other Applications PIN: 202922410107 CenSUS Cen5U5 BIOCk: 204 COUnCiI DiStriCt COUnCiI: 5 Track: 3060Z Ward: 6 Year Built: Foundation Sq Loan Company: 90 Land Building Feet: University Vdlue:247600 Value:249000 Unverified Usage: 10- GENERAL RETAIL & SVC- B- Commercial ZOnina; TN2 Legal Desc: KING'S ARCADE PARK LOTS 1 2 AND LOT 3 BLK 3 Owner: David Yang 1371 Arcade St St Paul MN 55106-1826 Certificate of Occupancy Responsible Party: David Yang 1371 Arcade St St Paul MN 55106-1826 Units: 1 http://sparaci. stpaul.mn.us/STAMPProperry/OwnershipInfo_ReRoute.j sp?txtPinNo=&txt... 9/15/2008 STAMP - Activities STAMP - Activities New Search Run Date: 09/15/08 11:31 AM House#: 1377 Street Arcade Name: Click on address link to access GISmo, MapIT, and Ramsey County Z�fo Help usi�.this report Sort by Most recent Date Page 1 of 6 � l'�� IS H21D Polder Count: 107 Starting Date: Ending Date: Click on ID# link below to view detail Address Date ID # Status Type Description 1377 Arcade St - Pang Food Market 09/10/08 O8 113795 Pending XL - ECLIPS License - Liquor Licensee: Thai Grocery - ECLIPS - Malt Off Sale License# 20080002430 08/18/08 08 133215 Pending CL - Compliance Checks - Licensee: Thai Grocery - ECLIPS Tobacco Compliance Check License# 20080002430 08/15/08 08 132904 Under CS - CSO Complaint - They are selling used cars out of Review Zoning - Complaint this parking lot 08/15/08 0$ 112907 Active/ISSUed XF - ECLIPS Food Related - Licensee: Thai Grocery - ECLIPS Retail Fd (D) - Grocery License# 20080002430 3001-6000 sq ft 08/SS/08 08 113796 Adive/Issued XS - ECLIPS License - Licensee: Thai Grocery - ECLIPS Miscellaneous - License# 20080002430 Cigarette/TObacco 08/15/OS 08 113821 Active/Issued XF - ECLIPS Food Related - Licensee: Thai Grocery - ECLIPS Restaurant (1) - No Seats License# 20080002430 07/22/08 08 119051 Scheduled FG - Food Grocery - Low Establishment: Thai Grocery Risk - Comp�aint Inspection 07/22/08 07 184937 History FG - Food Grocery - Low Establishment: Thai Grocery Risk - Complaint Inspection 07/07/08 08 1Q93�3 Pending CO - Certifcate of Responsible Party: David Yang Occupancy - Residential 04/30/08 08 067190 Billing CO - Certificate of Responsible Party: David Yang Occupancy - Residential 04/ll/OS 08_039238 Withdrewn XF - ECLIPS Food Related - Licensee: Mai Yang Thai Grocery - Restaurant {2) - 1-12 SeaYS ECLIPS License# 20070001308 04/11/08 08.056849 Closed RF - Referral - Citizen Owner. David Yang - Peeling Complaint paints in rear of building and top of building. 04/11/08 08 056848 Resolved CS - CSO Complaint - Peeling paints in rear of building Certificate of Occupancy - and top of building. 03/OS/08 08 037497 Closed 03/OS/08 08 037496 Closed 03/OS/08 08 037494 Closed 03/OS/08 08 037493 Closed 10/29/07 Q7._p�9440 History 10/29/07 07 18.4136 Closed Complaint RF - Referral - Citizen Complaint CS - CSO Complaint - Certificate of Occupancy - Complaint PA - Parks Summary Abatement - Graffiti CS - CSO Complaint - Gra�ti - Complaint FG - Food Grocery - Low Risk - Complaint Inspection LC - DSI Env Health Complaint - Health-Safety- Environment Owner: David Yang - Boards on the windows, exterior of the property is flaking Boards on the windows, exterior of the property is flaking Owner: David Yang - Graffiti on the bldg. Greffiti on the bldg. Establishment: Thai Grocery Complainant bought boiled chicken from this establishment yesterday and took it home. Once got home, http://sparaci. stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?�tPinNo=&txtHouseN... 9/15/2008 STAMP - Activities Page 2 of 6 O�t-t�5 OS/15/07 07 OZ4214 History 04/18/07 07 064035 Canceled 04/18/07 07 064063 Canceled 04/12/07 07 021771 Withdrawn 04/12(07 07 021784 Withdrawn 04/12/07 07 021815 Withdrawn 04/12/07 p7,.021848 Withdrawn 02/16/07 06 108969 History SO/03/06 06 239486 Closed 09/18/06 06 172928 Open 08/07/06 06 120250 Closed 07/10/06 06 093513 History 06/15/06 .0.6..098087 Canceled 06/15/06 06 098088 Canceled OS/31/06 06 068890 History 04/13/06 06 066967 History 04/04/06 03/21/06 OS 182681 History 06 056069 Finaled SO/24/OS OS 184117 Expired 10/20/OS 0�.122755 History 10/17/OS 05....152951 Canceled the chicken was already rotten and smelly. Complainant suspected those chickens were from unapproved source or were not fresh. Appreciated if someone would look into this matter (fl]. FG - Food Grocery - Low Establishment: Thai Grocery Risk - Change of Ownership XF - ECLIPS Food Related - Licensee: Mai Yang Thai Grocery - Retail Fd (D) - Grocery ECLiPS License# 20070001308 3001-6000 sq ft XF - ECLiPS Food Related - Licensee: Mai Yang Thai Grocery - Restaurant (A) - 0-12 seats ECLIPS License# 20070001308 XF - ECLIPS Food Related - Licensee: Vily Food Market - Restaurant (A) - 0-12 seats ECLiPS License# 20070000434 XL - ECLIPS License - Liquor Licensee: Vify Food Market - - Malt Off Sale ECLIPS License# 20070000434 XS - ECLIPS License - Licensee: Vily Food Market - Miscellaneous - ECLIPS License# 20070000434 Cigarette/Tobacco XF - ECLIPS Food Related - Licensee: Vily Food Market - Retail Fd (D) - Grocery ECLIPS License# 20070000434 3001-6000 sq ft FG - Food Grocery - Low Establishment: Vily Food Market Risk - Change of Ownership CS - CSO Complaint - Miscellaneous VB Special Exterior - Complaint RE - Real Estate Owner: David Yang Assessments CS - CSO Complaint - Overgrown weeds Exterior - Complaint FG - Food Grocery - Low Establishment: Roobnab Market Risk - Change of Ownership XF - ECLIPS Food Related - Licensee: Roobnab Market - Restaurant (A) - 0-12 seats ECLIPS License# 20060001987 XF - ECLIPS Food Related - Licensee: Roobnab Market - Retail Fd (D) - Grocery ECLiPS License# 20060001987 3001-6000 sq ft FG - Food Grocery - Low Establishment: Roobnab Market Risk - Fire Call FG - Food Grocery - Low Establishment: Roobnab Market Risk - Fire Call FG - Food Grocery - Low Establishment: Roobnab Market Risk - Fire Call EG - Engineering - Owner: David Yang - ROOBNAB Sprinkler / Standpipe Permit MARKET - INSTALL 1 OR 2 HEADS - Existing Building - Alter FOR PROPER COVERAGE. Systems M- Mechanical Permit - Gas Contractor: Wymond Wong Wise- - Commercial Replace Elite Heating & Air Conditioning - 02/07/2007: Automatically closed by system due to no activity in one year. FG - Food Grocery - Low Establishment: Roobnab Market Risk - Plan Review Inspection XF - ECLIPS Food Related - Licensee: Xong Vue Roobnab Restaurant (A) - 0-12 seats Market - ECUPS License# 20020001739 http: //sparc. ci. stpaul. mn. us/STAMPProperty/Activity_ReRoute. j sp?txtPinNo=&h�tHouseN... 9/ 15/2008 STAMP - Activities Page 3 of 6 ��l 10/11/OS OS 178781 Open 09/19/OS OS 159131 Finaled 09/09/OS OS 155537 Finaled 09/07/OS OS 154673 Closed 08/26/OS OS 150658 Finaled 06/22/OS 04 211506 History BW - Building Warning - Double/Penalty Fee EG - Engineering - Special Extinguishing System - Existing Building - Alter SysYems E - Electrical Permit - Service & Circuits - Commercial Repair/Alter Owner: David Yang - 10/11/2005 Per Jerry Hanson, double fee Mechanical/Gas permit. AMW Owner: David Yang - Roob Nab Market - Install Ansul fire suppression system. Contrador: Anthony Electric RF - Referral - Citizen Owner: David Yang - Lic Complaint #20020001739 Roobnab Market No C of O Restaurant 0-12 seats Xong Vue 651-778-2926 Assign to Peggy Schlichte W- Warm Air, Ventilation & Contractor: Jeff Hertz Hertz General Sheet - Warm Air & Mechanical Inc Ventilation - Commeraal Replace FG - Food Grocery - Low Establishment: Roobnab Market Risk - Plan Review Inspection 12/19/04 04 125878 Withdrewn XF - ECLIPS Food Related - Licensee: Panhia Yang Hmoob Restaurant (A) - 0-12 seats Bingo Food - ECLIPS License# 20040003324 12/17/04 04 10340_2 History FG - Food Grocery - Low Establishment: Roobnab Market 12/13/04 g4_ZQ9112 Finaled 12/08/04 04 207023 Finaled 11/29/04 04 200574 Closed 08/10/04 04 130692 Closed 07/22/04 04 123369 Closed 06/14/04 03 279834 History 07/16/03 03 327088 Closed 04/17/03 02 001739 Canceled 04/09/03 02,_i_1,1131 History 04/07J03 03 278088 Closed Risk - Plan Review Inspection E - Electrital Permit - Service & Circuits - Commercial Repair/Alter PG - Plumbing/Gasftting/Inside Water Piping - Plumbing/Inside Water (All) - Commercial Alter RF - Referral - License Inspection RF - Referral - License Inspection CS - CSO Complaint - Tall Grass - Complaint FG - Food Grocery - Low Risk - Plan Review Inspection CS - CSO Complaint - Tall Grass - Complaint XF - ECLIPS Food Related Retail Fd (D) - Grocery 3001-6000 sq k FG - Food Grocery - Low Risk - Routine Inspection CS - CSO Complaint - Contractor: Andre's Electric Contractor: Ronald Gritzmaker Rgi Inc Owner: David Yang - Lic #20040003324 Hmoob Bingo Food 1377 Arcade Restaurant Assign to Carl Comparoni Owner: David Yang - Lic #20040003324 Hmoob Bingo Food 1377 Arcade Restaurant 0- 12 seats No C of O folder at this address PanhaiYang Assign to Carl Comparoni Tall grass & weeds on blvd Establishment: Roobnab Market Tall grass on the blvd Licensee: Xong Vue Roobnab Market - ECLIPS License# 20020001739 Establishment: Roobnab Market There are many advertisement http://sparaci. stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?txtPinNo=&bitHouseN... 9/15/2008 STAMP - Activities 04/17/02 02 001739 Canceled 04/17/02 02 001739 Canceled 04/17/02 01 123230 History 03/14/O1 OS 000284 Canceled 02jOZ(O1 O1 123166 History O1/26/OS 00..1_36391 History O1/22/01 0.1. 000284 Canceled Ol/22/OS Ol OOOZ84 Canceled 08/18/00 00 140273 Finaled 07/14/00 99 006231 History 07/07/00 00 003274 Canceled 07/07/00 00 003274 Canceled Page 4 of 6 Zoning - Complaint XS - ECLIPS License - Miscellaneous - Cigarette/Tobacco XF - ECLIPS Food Related - Grocery (D) ��, " ��J flyers posted on the outside of the windows at this grocery store. Complainant states they look very unsightly and wants to know if there is anything that can be done about this. They advertise for activities at other locations or to sell cars. Licensee: Xong Vue Roobnab Market - ECLIPS License# 20020001739 Licensee: Xong Vue Roobnab Market - ECLIPS License# 20020001739 FG - Food Grocery - Low Establishment: Roobnab Market Risk - Routine Inspection XL - ECLIPS License - Liquor Licensee: Cha Blong Kong Arcade - Malt Off Sale Mini Mart - ECLIPS License# 20010000284 FG - Food Grocery - Low Establishment: Arcade Mini Mart Risk - Routine Inspedion FG - Food Grocery - Low Establishment: Arcade Mini Mart Risk - Routine Inspedion XS - ECLIPS License - Licensee: Cha Blong Kong Arcade Miscellaneous - Mini Mart - ECLIPS License# Cigarette/TObacco 20010000284 XF - ECLIPS Food Related - Licensee: Cha Blong Kong Arcade Grocery (D) Mini Mart - ECLiPS License# 20010000284 W- Warm Air, Ventilation & Contractor: Paul Schoenecker General Sheet - Ventilation Faircon Service Company Only - Commercial Replace FG - Food Grocery - Low Establishment: Vck Oriental Risk - Routine Inspection Market XS - ECLIPS License - Licensee: Wong True Vang Arcade Miscellaneous - Mini Mart - ECLIPS License# Cigarette/TObacco 20000003274 XL - ECLIPS License - Liquor Licensee: Wong True Vang Arcade - Malt Off Sale Mini Mart - ECLIPS License# 20000003274 07/07/00 00 003274 Canceled XF - ECLIPS Food Related - Licensee: Wong True Vang Arcade Grocery (C) Mini Mart - ECLIPS License# 20000003274 OS/04/98 00 018353 History FG - Food Grocery - Low Establishment: Vck Oriental Risk - Routine Inspedion Market 02/16/98 97 000226 Canceled XF - ECLIPS Food Related - Licensee: Vck Oriental Market Inc Grocery (C) Vck Oriental Market - ECLIPS License# 19970000226 02/16/98 97 000226 Canceled XS - ECLIPS License - Licensee: Vck Oriental Market Inc Miscellaneous - Vck Oriental Market - ECLIPS Cigarette/Tobacco License# 19970000226 02/16/98 97 000226 Canceled XL - ECLIPS License - Liquor Licensee: Vck Oriental Market Inc - Malt Off Sale Vck Oriental Market - ECLIPS License# 19970000226 Ol/07/98 98 019046 History FG - Food Grocery - Low Establishment: Vck Oriental Risk - Routine Inspection Market Ol/OS/98 98 017519 History FG - Food GroCery - Low Establishment: Vck Oriental Risk - Plan Review Market Inspection 09/08/97 98 002593 History FG - Food Grocery - Low Establishment: Vck Oriental http://sparaci.stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?txtPinNo=&txtHouseN... 9/15/2008 STAMP - Activities ��-�� 06/26/97 98 015536 History 06/06/97 97 072323 Canceled 06/06/97 97 072323 Canceled 06/02/97 98 001339 History Page 5 of 6 Risk - Routine Inspection Market FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspec[ion Market XS - ECLiPS License - Licensee: Bee Yang Am/Pm Mini Miscellaneous - Market - ECLIPS License# Cigarette/TObacco 0072323 XF - ECLIPS Food Related - Licensee: Bee Yang Am/Pm Mini Grocery (C) Market - ECLIPS License# 0072323 FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspedion Market Ol/OZ/97 97 004534 History FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market OS/02/96 97 019134 History FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market 03/04/96 97 006852 History FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market 03/04/96 02/07/96 12/18/95 97 021184 History 96 026303 History FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market E- Electrical Permit - Contractor: Hunt Electrit Electrical - Commercial Corporation Repair/Alter E- Electrical Permit - Contractor: Am/Pm Market ElectriCal - Commercial Repair/Alter XL - ECLIPS License - Liquor Licensee: Umar Inc Am Pm Mini - Malt Off Sale Market - ECLIPS License# 0066714 95 083256 Finaled 10/04/95 95 080040 Finaled 08/O1/95 95.066714 Withdrawn OZ/06/95 95 024832 History 08/18/94 94 018553 History 12/21/93 93 046079 Canceled 12/21/93 93 046079 Canceled 12/Ol/93 99 009455 History 11/Z3/93 99 009548 History 09/03/93 03/10/93 99 009475 History 93 011505 Canceled 02/22/93 99 009511 History 10/20/92 99 009470 History 06/19/92 02/SS/92 10/15/91 99 009528 History 99 009492 History 99 007523 History FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market FG - Food Grocery - Medium Establishment: Vck Oriental Risk - Routine Inspection Market XS - ECLIPS License - Licensee: ]amal M Omar Am/Pm Miscellaneous - Mini Market - ECLIPS License# Cigarette/Tobacco 0046079 XF - ECLIPS Food Related - Licensee: ]amal M Omar Am/Pm Grocery (C) Mini Market - ECLIPS License# 0046079 FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market XS - ECLIPS License - Licensee: Tom Thumb Food Miscellaneous - Markets IN Tom Thumb Market Cigarette/Tobacco #174 - ECLIPS License# 0017505 FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental http://sparc.cistpaul.mn.us/STAMPProperty/Activity_ReRoute. j sp?�tPinNo=&txtHouseN... 9/ 15/2008 STAMP - Activities 08/08/91 99 004651 Closed 08/08/91 99 007488 History 04/09/91 99 007559 History 04/01/91 91 041970 Withdrawn Page 6 of 6 V !�`� - Routine Inspection Market EC - Environmental CONVERTED FROM PARADOX Complaint History (DC) SYSTEM. NO NARRATIVE. FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Tnspection Market FG - Food Grocery - No Risk Establishment: Vck Oriental - Routine Inspection Market XS - ECLIPS License - Licensee: Tom Thumb Food Miscellaneous - Markets IN Tom Thumb Market Clgarette/Tobacco #174 - ECLIPS License# 0041970 http://sparaci. stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?�tPinNo=&�tHouseN... 9/15l2008 �� . . � J fi 3Ia d i ,4 5(y A Ld tl r � n : . � ful� �K �' �. i tl � � ` � `� �: d ;� e °F4a� � +u�. � � . �S � ._ -• � t��`� t � �, t�i a � � � Cse'd. s v: .+ '� • �� .� � .. . � � �� .. i �_ I -.� � ,�� . *}� ..�.-..� t �„� a�; � 1 � t ' 3_ - � v* � _� E '� �`�,.. ipy . t y �"�� . � ��' � a 7�1. p ��-�, y "'�; 841� ; ; � � f� J � : � r ` � E �; � f - r ' �, ; � .- - ; P ,/ '"l R n�t� �3' . � « . n� .. m�`�+ � : : .�.. ^ . xv� .... 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