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09-1363Counci{ File # 09-1363 Green Sheet # Jp �/%S 7 �v RESOLUTION OF SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 $ 9 1� ll 12 13 14 IS 16 17 1g 19 20 21 22 23 24 25 26 27 28 29 30 31 Ptesented by WHEREAS, the Depury Legislarive Aearing Officer recommends that the application for (I.D. #2�o800�3916) Liquor On Sale -101- 180 Seats, Liquor On Sale - Sunday, Entertainment B, Shared Parldng Agreement and Restaurant (4) - 51d50 Seats licenses for Win Processing LLC, doing bnsiness as Pupmya Thai Restaurant, 945 Rice Streetbe approved with the following conditlons: 1. Per Section 409.03-of the Ciry of Saint Paul Legislative Code, a new liquor on-sale license shall only be issued to a restaurant as defined under Chapter 409 oF the City Code. Licensee agrees to operate the establishment in compliance with the definition ot a restaurant as defined under the code. 2. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and ouiside) in accordance with Saint Paul Police Department (SPPD) recommendations. The number of cameras, their placement and their qualiry must be approved by SPPD; and there shal] be adequate Iighting to support the camera placement This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall be an employee on-staff at all times with the ability to make them immediately available to the SPPD and/or the Department of Safety and Inspections (DSI) upon reques4 3. Entertainment wiil onty be provided on Friday, Saturday and Sunday. 4. Doors shall remain closed. S. !n accordance with SPPD and DSI, the licensee shall provide secu�ity with appropriate staffing to ensure that the patron's behavior does not create a disturbance or nuisance. Security will be provided from 6:00 p.m. to the close of busmess for a1V scheduled events and when entertainment is provided. Security staff must be dearly identified as security. Security staff shall also ensure that patrons leave the premises in an orderly manner and shall not be permitted to ]oiter outside the licensed premises or in the parking iots. 6. Licensee shall ensure adequate garbage storage and removal. Emprying bar refuse is expressly forbidden between the hours of 9:00 p.m. and 7:00 a.m. 7. The licensee must submit, upon annual renewal of [he licenses, proof that the shared parking agreement for the required 42 parking spaces is still in effect between the property owners of 911 Rice StreeL 917 Rice Street (914 Albemarle Street), and 945 Rice Street to comply with City's aoning off-street parking requiremenu. L�censee agrees to provide thirry (30) days written notice prior to the cancellation by any parry of the shared parking agreement THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned agreed-upon conditions. Yeas Na s Absent Bostrom Carter Harris Helgen � Lantry � Stark Thune �/ � Requested by Department of; � Form Approved by City Attorney By: Adopted by Council: Date �����v`�/ Adoption Cert�ified �by Counc� ecretary BY� ./ /� //J,/l/ l7.%L�S./1/.� Approved by Mayor. Date � y/ Z Z/t7 � � ,,y T BY� .�LE/C-0./ �C-h D 1 i � V Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet 09-1363 Green Sheet Green Sheet Green Sheet Green Sheet � �epartmenUOfficelCouncil: Date Initiated: co-�°°°G� 11DEC2009 Green Sheet NO: 3091576 ConWCt Person & Phone: Deoarhnent Sent To Person InitiaVDate Nhia Vanp y o oa��a 0 266-8566 1 ooncil De artment Director A55ign Z Clerk C5 Clerk Must Be on Council Agenda by (Date): Numher � 16-DEC-09 For 3 Routing 4 0 Doc.Type:RESOLUTION Order 5 � E-Document Required: Y DocumentConWCt: �eanBirkholz Contact Phone: 266-8673 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with conditions, per the Deputy Legislative Hearing Officer, for Liquor On-Sale - 101-180 Seats, Liquor On-Sale - Sunday, En[ertaintnent B, Shazed Parking Agreement and Restaurant (4) - 51-150 Seats Licenses for Win Processing LLC, doing business as Pupraya Thai Restaurant, 945 Rice Sfreet. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contracl for this department? CIB Committee Yes No Civil Service Commission 2. Has lhis 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 Expiain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, OpportuniTy (Who, What, When, Where, Why): Ativantages lf Approved: Uisadvaatages If Approved: DisadvanNages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial I nformation: (Explain) December 11, 2009 10:54 AM Page 1 09-1363 LICENSE HEARING MINUTES Pupraya Thai Restaurant at 945 Rice Street Thursday, October 1, 2009, 10:00 a.m. 330 City Ha11,15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:05 a.m. Staff Present: Larry Zangs and Corinne Tilley, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Song Vang, business owner and his wife, Trong Yang; Mr. Vangs attorney, Michael Best; Mr. Long Yang, his advisor; Gregory Heck, property manager, Harrington Langer & Associates; and Kerry Antrim, District 6 Planning Council Puprava Thai Restaurant: Request for Liquor On-Sale-101-150 Seats, Liquor On-Sale - 2 AM Closing, Liquor On-Sale - Sunday, Entertainment B, Shared Parking Agreement and Restaurant (4) - 51-150 Seats Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N notification which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N Licenses include: tattoo parlors, auto sales, auto repair, etc.—things that have an immediate impact on their neighbors. The City received four (4) letters of concern regarding the issuance of this license. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang can recommend to the City Council that they issue this license without any conditions; 2) she can recommend to the City Council that they issue this license with agreed upon conditions; or 3) she can recommend to the City Council that they not issue this license but refer it 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. It 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 husiness plan. Next, she will hear from people who are here in support of the issuance of the license and those with concerns about the issuance of the license and, she will review the letters / emails that were sent regarding this application. Mr. Zangs, DSI, provided the staff report. DS[ staff recommends approval of the requested licenses with the following conditions: 1. Per Section 409.03 oFthe City of Saint Paul Legislative Code, a new Liquor On-Sale license shall be issued to a restaurant as defined under Chapter 409 of the City Code. Licensee agrees to operate the establishment in compliance with the definition of a restaurant as defined under the code. 2. The licensee shall provide and maintain worldng video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendations. The number of cameras, their placement and their quality must be approved by SPPD; and there shail be adequate lighting to support the camera placement. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall be an employee on-staff at all times with the ability to make them immediately available to the SPPD and/or the Department of Safety and Inspections (DSI) upon request. 3. Security will be provided from 6:00 p.m. to the close of business on nights when entertainment is scheduled and/or provided. 4. Entertainment will only be provided on Friday, Saturday and Sundays. 09-1363 5. The ]icensee must submit proof of a shared parldng agreement (42 parldng spaces} between the property owners of 911 Rice Street, 917 Rice Street and 945 Rice Street prior to license issuance and annually at license renewal. 6. Licensee agrees to provide thirty (30) days written notice prior to the cancellation by any party of the shared parldng agreement. Mr. Zangs added that the District 6 Planning Council also has recommendations: 1. Make exits other than the front exit fire exits only. 2. Ensure proper security with a minimum of one security personnel per fifty (S�) patrons; security personnel shall wear uniforms. 3. Close at midnight for special events and a 1:00 a.m. Closing for regular operations, with a three (3), six (6) and nine (9) month review by the Land Use Task Force. If no issues are found, then renegotiate closing times. ' 4. Install a sound equalizer to minimize low frequency noise. 5. Keep doors closed. 6. Make facade improvements 7. Ensure adequate garbage storage and removal. &. Empty bar refuse before 10:00 p.m. and after 7:00 a.m. 9. Create a security and exit plan with the Saint Paul Police Department and the District 6 Planning Council. The DSI staff has reviewed District 6's recommendations and commented: 1. Condition not necessary because the exits are required by the state fire code. They need to be operationai for emergency egress. 2. Condition not necessary. Providing adequate personnel is sufficient. A number can change from moment to moment. 3. The license needs to be either for 1:00 a.m. or 2:00 a.m. because monitoring on special event days would be impractical. 4. Condition not necessary. A noise ordinance is in place between 10:00 p.m, and 7:00 a.m. (Any noise generated from the building should be attenuated by the brick/concrete biock wall.) A 911 call to this address arising from noise being too loud would generate a police cat] which could result in an adverse action. Normally, an adverse action could mean Orders to make certain that the licensee keeps people inside of the building, to turn the music down and to make sure that doors are not propped open. If this continues to be a problem, it could be brought back to the City Council. 5. Fine. 6. The building seems to be in sound condition. Mr. Zangs has not seen anything that requires changes or modifications Yo the facade. DSI would intervene only if the building were in some condition that might imperil the public. Here, that's not the case. There doesn't seem to be any need to improve the facade of the building. It was built in the early 80s. 7. Fine. S. Fine. 9. The City of Saint Paul is responsible For this and that any coordination of a security and exit plan is probably most appropriately done by the Saint Paul Police Deparhnent and DSI. Mr. Zangs recommended that Ms. Vang considered four (4) of District 6's recommended conditions: 5, 7, 8 and 9. The other recommended conditions have already been addressed by the City process in one way or another. Mr. Song Vang, applicant, stated that entertainment has been provided at this site in the past. He believes that it is crucial to the neighborhood to find a way to resolve all of the issues that the community has with the 2 09-1363 entertainment side of this operation. The primary purpose of this business is to provide a 7-day per week full service restaurant. They plan to be open from 11 am to 9 pm and provide Thai food. In the pasY, this site has not been successful heSng just an entertainment center or by being just a restaurant. Mr. Vang thinks by providing a combinarion, his business will be successful. It can provide another choice for lunch, a place for business people to meet with their staff; a spot for neighbors to get together and a space for small events such as birthdays, weddings, anniversaries, family get-togethers, etc. Mr. Vang said that he did meet with the District 6 Land Use Committee. He is happy to comply with conditions that will help to improve the neighborhood. Ms. Vang asked the applicant if he has operated this type of business before. Mr. Vang replied that he has not. He has helped manage a restaurant/entertainment combination. He is an entrepreneur; he invests in a variety type of businesses including a funeral home in Milwaukee, WI; an interpreting service in the Twin Cities; and his wife and he own a senior center in North Minneapolis. Ms. Vang asked if Mr. Vang wil] be managing this restaurant full time. Mr. Vang responded that he will manage the Pupraya full time. He has strong management teams that manage his other businesses. His wife manages the interpreting business and he will spend 100% of his time with the new business. He has two (2) operation managers for the Pupraya. Mr. Tua Yang, composer, will be managing the entertainment side of the operation. The restaurant will be managed by someone who has had eight (8) years of experience with Kentucky Fried Chicken. The kitchen will be run by a chef who has an excellent resume; she has opened two (2) Thai restaurants in South Minneapolis which have been very successful. Total number of staff will be 10 - 15. Regarding security, the Mall provides police security during the day on Thursday, Friday and Saturday. [n addition, Mr. Vang will be providing security during the time of entertainment (Friday, Saturday, Sunday). The kitchen will also remain open during entertainment. Ms. Vang asked what type of entertainment would be provided at Pupraya. Mr. Vang replied that the entertainment will be mostly traditional Hmong. There wi116e no pageant shows. Ms. Vang asked staff what the maximum occupancy was for this site. Mr. Zangs responded that the maximum occupancy established by the Fire Marshal is 240. That number would remain the same regardless if tables were removed for dancing. Ms. Vang asked staff whether the applicant has gone through DSI's alcohol training. Mr. Zangs replied that he has. Ms. Vang read the letters of objection. Ms. Jane Freedy's concerns are: 1) loud music after 10 pm; 2) parking lot right next to her house; 3) the loud and drunken patrons, some fighting; 4) trash, bottles (some broken), cans, papers, used condoms and junk left behind by drug uses. Her complaints stemmed from the last business that was at this iocation. Matthew J. McDonough is concerned about the problems associated with such operations. He does not think that a neighborhood needs another trouble spot in an area that is trying to improve its reputation. He thinks that a restaurant is necessary but not another bar that serves food. He noted Yhat at the time he wrote this letter, 02-09-09, there was not a valid shared parking agreement between 911 Rice Street and 945 Rice Street. Ms. Vang stated that the shared parking agreement is now valid. Another ]etter from Chery] Mikel says that she objects to the license without giving any reasons for her objection. Mr. Vang responded to the letters. He stated that some of the concerns of Ms. Freedy can be attributed to the previous business at this address. He also said that among Ms. Freed�s nearest neighbors are many teenagers whom he has seen with botties so he does not think that all of her problems stem from the business alone. He added that he will try to do anything that might alleviate her concerns. He feels that the loud music noise can be managed successfully. The doors will remain closed. Ms. Vang encouraged Mr. Vang to put up signs at the doors other than the front doors indicating that patrons not use them and/or install alarms at the doors. Regarding Mr. McDonough's IetCer, the shared parking agreement has been established. He added that there is currently a new owner of Mr. McDonough's building at 911 Rice Street. Mr. Vang said that Rice Street 09-1363 can not be compared with Grand Avenue. Just past 911 Rice Street are two (2) bars which also stay open late, so it can't be just the Pupraya that creates all of the problems. Mr. Zangs added that there are at least three (3) traditional bars near this location. Ms. Corinne Tiliey explained that DSI has received the shared easement and parking agreement hetween 911 Rice Street, 917 Rice Street and 945 Rice Street The shared parldng agreement is monitored annually by the City. Any terminarion of this shared parking agreement requires acknowledgment and agreement by all parties. The City must be made aware of any changes. There is a provision in the shared parking agreement that if any of the uses change in 911, 917 or 945 Rice Street, and if that new use increases the parking requirement, that party would 6e responsihle for obtaining the approvals and organize as required in order to operate with that new use, which more than likely would require a variance. New property owners must also adhere to this shared agreement. The agreement goes with the address. Ms. Vang asked who is responsible for the trash in this agreement. Ms. Tilley read from the agreement: Parties shall share equally in the maintenance and repair of the parking lot. Ms. Vang asked the nature of businesses at 911 Rice Street and 917 Rice. Street. Ms. Tilley responded that 911 Rice Street is currently unoccupied. Mr. Zangs added that the gentleman who purchased that property is intending to open a dry goods-retail store. Ms. Tilley continued: 917 Rice Street is a type of computer repair, computer equipment business (a low-intensive use). Ms. Vang asked whether Mr. Song Vang was the progerty owner of this site or a renter. Ms. Tilley replied that he is a tenant at 945 Rice Street. TK 2LLC is the property owner; Mr. Heck is the property manager. Mr. Greg Heck spoke in support. He stated that it has taken Mr. Song Vang about 18 months to work through the issues related to this business. During that time, Mr. Heck has worked with him and gotten to know him well. Mr. Vang has put a lot of time and effort into the business. He has totally changed the inside of the restaurant and it looks the best that it ever has. Trash is picked-up every morning by the tenants. If it becomes a problem, someone will be hired to pick it up. Mr. Heck added that the prior business owners damaged Che reputation of that site and the Mall itself. They lost their liquor license because of their behavior. That's why Song has to go through this long process to bring the liquor ]icense back to the site. Ms. Vang said that one of District 6's recommendations is to improve the facade of the building. She asked whose decision it would be to change Yhe facade of the building. Mc Heck responded that it is the property manager's responsibility to repair the parking lot, the roof and any damage to the brick. To make the outside of the building better ]ooking would be the responsibility of Mr. Vang. He added that the building has not looked better in ten (10) years. The owner takes pride in the building. Ms. Kerry Antrim, District 6 Planning Council, addressed the hearing. Ms. Antrim stated that trash is not an issue; noise is the main concern and noise ordinance enforcements are traditionally very difficult to bring forth. The bass is the main problem and there are ways to mitigate the bass. The bass is annoying, frustrating and will cause sleep deprivation. The process of getting this taken care of with adverse action at other bars has been very difficult for the neighborhood. She advises to keep the bass turned down. There is an equalizer ($500) that can be used to keep the bass down. Ms. Vang encouraged Mr. Vang to work with the District 6 Planning Council to create some kind of mitigating measure regarding the bass. Regarding the facade improvements, the neighbors were referring to the windows and making them look better. Regarding "adequate" security, Ms. Antrim said that the City has never had a great definition for what is considered "adequate:' Some may consider five (S) security o�cers are adequate for S00 people, another may consider one (1) security officer adequate for 600 people. District 6 would prefer a 1 am Closing. The last three (3) bars that have done security exit plans have come to District b to assist them. Ms. Vang encouraged Mr. Vang to meet with the Police Department and District 6 to work out an exit plan. She will not include it as a condition. Mr. Vang said that he has met with an officer regarding the location of security cameras. � 09-1363 Ms. Vang asked Mr. Vang what percentage of support he has received from the neighborhood. Mr. Vang responded that based on his calculations, roughly 82%, excluding empty lots, vacant buildings, foreclosures, etc. He sent letter twice and he knocked on doors. Ms. Antrim added that District 6 waived the percentage of neighbors' requirement in this case. Mr. Song Vang stated that he will be happy to comply with the 1 am Closing to be revisited in the near future. Mr. Zangs stated that DSI will need a brief letter from Mr. Song Vang requesting an amendment of his license request from 2 am to 1 am. Ms. Vang asked Mr. Song Vang to work with DSI about training staffto serve alcohol. Ms. Vang said that she will recommend approval with the following agreed-upon conditions: 1. Per Section 409.03 of the City of Saint Paul Legislative Code, a new liquor on-sale license shall only be issued to a restaurant as defined under Chapter 409 of the City Code. Licensee agrees to operate the establishment in compliance with the definition of a restaurant as defined under the code. 2. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendations. The number of cameras, their placement and their quality must be approved by SPPD; and there shall be adequate lighting to support the camera placement. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and there shall be an employee on-staff at all times with the ability to make them immediately available to the SPPD and/or the Department of Safety and Inspections (DSQ upon request. 3. Entertainment will only be provided on Friday, Saturday and Sunday. 4. Doors shall remain closed. 5. In accordance with SPPD and DSI, the licensee shall provide security with appropriate staffing to ensure that the patron's behavior does not create a disturbance or nuisance. Security will be provided from 6:00 p.m. to the close of business for all scheduled events and when entertainment is provided. Security staff must be clearly identified as security. Security staff shall also ensure that patrons leave the premises in an orderly manner and shall not be permitted to loiter outside the licensed premises or in the parking lots. 6. Licensee shall ensure adequate garhage storage and removal. Emptying bar refuse is expressly forbidden between the hours of 9:00 p.m. and 7:00 a.m. 7. The licensee must submit, upon annual renewal of the licenses, proof that the shared parking agreement for the required 42 parking spaces is still in effect between the property owners of 911 Rice Street, 917 Rice Street (914 A16emarle Street), and 945 Rice Street to comply with Cit�s zoning off-street parking requirements. Licensee agrees to provide thirty (30) days written notice prior to the cancellation by any party of the shared parking agreement. The hearing was adjourned at 11:31 a.m. (Note: The Signed Gonditions' Affidavit was signed and received December 10, 20Q4.)