09-334Council File # Q —�j3
Green Sheet # ,30 (� 8y 2 5�
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Presented by
RESOLUTION
4�NT PAUL, MINNESOTA
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WHEREAS, Claixview Holdings LLC, doing business as Groveland Tap (David Buxley, CEO)
(�pphcarion I.D. #19980003516), located at 1834 St. Clair Avenue in Saint Paul, has applied fox a class
N license to add Liquor-Outdoot Service Area (Sidewalk) license to its e�usdng licenses fox Wine On
Sale, Malt On Sale (Suong� and Restaurant (4) -51-150 Seats; (the eazrting Sidezvalk Cafe Ll'cenre, :vbich doer not
pernzit outdoor cervice or conrumption of �vine and beer, �.ill be zvitbdrazvn); and
WHEREAS, Groveland Tap's xesidenrial propexries axe within a 300 foot xadius of licensee's pxoposed
pauo and licensee has obtained consent fxom sixty-thxee percent (63%) of those pxopesries to meet the
requuement set foxth by the City of Saint Paul Legislative Code 409.06(�(2)(b); and
WHEREAS, licensee spent more than one yeax seeking suppart fxom the neighborhood by sending out
lettexs from the list of 55 private xesidences provided by the Depaxtment of Safety and Inspection and was
unable to obtain the consent of ninety pexcent (90%) approval from the remaining ur�esponsive
xesidences despite follow-up communications and knocking on dooxs; and
WHEREAS, the Council finds that these efforts constitute a good faith effoxt to fulfill all petidon
requirements, and that the results of the attempts to obtain signatuxes showed a genexally favorable
disposirion from the suxxounduig community towaxd the pxoposed licensed activity; and
WHEREAS, the Council finds that issuance of the license will not intexfexe with the xeasonable use and
enjoyment of neighboring pxopexty and xesidences and will not beax advexsely on the health, safery, morals
and genexal welfaxe of the community; and
WHEREAS, the Deputy Legislative Hearing Officer xecommends that the application for a Liquot-
Outdoor Service Area (Sidewalk) license for Groveland Tap be approved with the following
conditions:
EXISTING LICENSE CONDITION:
1. Licensee cvill woxk with the nearby ckuxopxactic busmess to xesolve patcon paxking issues.
Resolution could include posting a sign to eluiunate pa�on pazking in the chixopxactic lot or
a shared parking agreement.
2. The sidewalk cafe is an extension of the xestaurant opexauon onto a pazt of the public
sidewalk which unmediately adjoins the licensed pxemises.
3. No sidewalk cafe shall be pemutted in any poxtion of the pubhc sidewalk whexe normal
pedestrian txaffic flow is obstructed. A ininiinum cleaxance width of thixty-six (36) inches
must be maintained on the public sidewalk at all times.
4. No tables, chaixs ox any othex furnishings, except plant tubs, shall be placed in the area used
for the sidewalk cafe duxing any period when the sidewalk cafe is not open and being
opesated. While such cafe is in opexarion, all tables and cha�s shall be kept in a clean,
sanitary condition.
5. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exdusive use.
All public nnpxovements, including but not limited to teees, light poles, traffic signals, pull
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boxes oi manholes, or any public-iniriated maintenance psoceduTes, shall take precedence
oveT said use of the public sidewalk at all times.
6. It shall be the duty of the licensed food establishment to maintaui each plant mb at all times
in a safe condirion at its proper location and to inspect each such mb periodically in order
that it may be properly maintained. Txees os plants and theix tubs shall at all tunes be kept in
a neat, clean and presentable condirion. No advertising mattex or sign or writing of any kind
shall be displayed upon any tree or plant or its tub.
7. No outdoox food and/oz beverage psepazation is allowed on a public sidewalk without prios
appsoval and additional licensing fxom the Department of Safety and Inspecdons (DS�.
ADDITIONAL LICENSE CONDITIONS (Added 10/20/2008):
8. On a daily basis, the Gxoveland Tap staff will pick up all the trash on public propexty in the
one-block area on St. Claix Avenue between Fairview Avenue, on the east and Howell Stxeet,
on the west. Additionally, trash will be picked up daily in the chiropractox's office parking
lot located acxoss St. Cla� Avenue fxom the Gxoveland Tap.
9. Outdoor seroice and consumption of food, wine, and beex will terinuiate at 9:00 p.m. on
Sunday through Thursday nights and at 10:00 p.m. on Friday and Saturday nights.
10. The staff will monitor and contsol patson noise diligendy, so that it does not cseate a
distuxbance in the neighboxhood.
ll. Signage shall be prominendy posted at all entsances and e�ts to make patsons axe awaxe that
when they leave the pxemises, they axe exiting into a xesidenrial neighboxhood and should
show respect and consideTation fox the xesidents.
12. Signs will be placed on each outdoor table xeminding pauons that they axe in a xesidential
azea. They must show considexation for the neighboxs and keep theu noise down.
13. The capacity fox the sidewalk cafe is limited to a total of sisteen (16) patrons.
THEREFORE, BE IT RESOLVED that the Council of the Ciry of Saint Paul hereby approves this
license application with the afoxementioned agxeed-upon conditions.
Bostrom
Carter
Yeas
Absent
Requested by Deparhnent of.
�
Stark
Thune
Adopted by Council: Date �
✓
Adoption Certified by Counci Secretary
B
Approve by M yor. ate I 7 Zt'"C
By:
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
/�/- 2i�iL�
�
DepartmenUOffice/Council: � Date Initiated:
co-�°°°°�� 24-MAR-09 Green Sheet NO: 3068925
ConWM Pereon 8 Phone: DeoaRment Sent To Person Initial/Date
Nhia Vana o ounca 0
26&8566 1 ounc� De ertmentDirector
Assign 2 'ryClerk CSNCIerk
Must Be on COUncil Agenda by (Date): Number �
Ot-APR-09 For 3
Routing 4 0
Doc. Type: RESOLUTION Order 5 O
E-DOCUment Required: Y
Document Contact:
Contact Phone:
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license applica[ion, per the Deputy Hearing Officer, for a Liquor-Outdoor Service Area (Sidewalk) license for
Clairview Holdings LLC, doing business as Groveland Tap, 1834 St. Clair Avenue.
Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has lhis persoNfrm ever worked under a contract for this depaAment?
qB Committee Yes No
Civil Service Commission 2. Has this personlfirm 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 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 CosGRevenue Bud eted:
Trensaction: 9
Funding Source: Activity Number:
Financial I nformation:
(Explain)
March 24, 2009 139 PM Page 1
a�-�3y
LICENSE HEARING MINUTES
Groveland Tap at 1834 St. Clair Avenue
Friday, October 3, 2008, 9:30 a.m.
330 City Hall, 15 Kellogg Boulevard West
NhiaVang, Deputy Legislative Hearing Officer
The hearing was called to order at 9:37 a.m.
Staff Present: Kristina Schweinler and Reid Soley, Department of Safety and Inspections (DSn;
and Jean Birkholz, Council Research
Others Present: David Burley, CEO, Clairview Holdings; Craig Hassell, General Manager,
Groveland Tap; and neighbors: Scott Brownlee, E. Joseph Newton, Jim Nelson and R. L. Domler
Reauest for License: Liquor-Outdoor Service (Sidewalk) to be added to the existing licenses for
Wine On Sale, Malt On Sale (Strong) and Restaurant (4) – 51-150 Seats. The existing Sidewalk Cafe
license which does rxot permit outdoor service or consumption of wine and beer will be withdrawn.
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 auto sales,
auto repair, entertainment, cabaret, tattoo parlor, eta—things that have an immediate impact on the
neighborhood. The City received eight (8) letters of concern and one petition with sixteen (16)
signatures regarding the 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 of this hearing: 1) Ms. Vang
may recommend to the City Council that they issue this license without any conditions; 2) she may
recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may
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 appeaz 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 are here in support of the issuance of this license and
those with concerns about the issuance of this license; and, she will review the email that was sent
regarding this application.
Mr. Reid Soley, DSI, reported that there are nine (9) existing conditions on this license:
1. Licensee will work with the nearby chiropractic business to resolve patron pazking issues.
Resolution could include posting a sign to eliminate patron parking in the chiropractic lot or
a shared parking agreement.
2. Licensee will provide daily clean-up for the areas adjacent to the business and in the
chiropractic parking lot.
3. The sidewalk cafe is an extension of the restaurant operation onto a part of the public
sidewalk which immediately adjoins the licensed premises.
4. No sidewalk cafe shall be permitted in any portion of the sidewalk where normal pedestrian
trafFic flow is obstructed. A minimum cleazance width of thirty-six (36) inches must be
maintained on the public sidewalk at all times
�9���
No tables, chairs or any other fixrnishings, except plan tubs, shall be placed in the azea used
for the sidewalk cafe during any period when the sidewalk cafe is not open and being
operated. While such cafe is in operation, all tables and chairs shall be kept in a clean,
sanitaty condition.
6. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use.
All public improvements, including but not limited to trees, light poles, traffic signals, pull
boxes or manholes or any public-initiated maintenance procedures, shall take precedence
over said use of the public sidewalk at all times.
7. It shall be the duty of the licensed food establishment to maintain each plant tub at all times
in a safe condition at its proper location and to inspect each such tub periodically in order
that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in
a neat, clean and presentable condition, No advertising matter or sign or writing of any kind
shall be displayed upon any tree or plant or its tub.
8. No liquor sales and/or service is allowed on a public sidewalk without prior approval and
additional licensing from DSI. This particular condition would be eliminated if this Liquor-
Outdoor Service Area (Sidewalk) license is gYanted
9. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior
approval and additional licensing from DSI.
On August 26, 2008, the Housing and Land Use Committee of the Macalester-Groveland Community
Council met to this discuss this application. The committee heard from the applicant and several area
residents. Many neighbors expressed concern aboutincreased noiselevels and anincreasein
intoxicated patrons leaving the bar and the potential for a negative impact on home values. The
committee passed the following resolution:
The Macalester-Groveland Community CounciPs Housing and Land Use Committee
recommends approval of the Liquor-Outdoor Service Area (Sidewalk) license with the following
conditions:
Outdoor capacity is limited to 16 total patrons;
Outdoor service and consumption ends no later than 9:00 p.m.
Concerning inspection requirements, all are approved. DSI recommends approval with the addition of
the two (2) license conditions recommended by the Macalester-Groveland Community Council.
Mr. David Burley, CEO, Blue Plate Restaurant Company, owner and operator of Groveland Tap,
explained that their intention is to expand their current license so that they can serve their patrons beer
and wine on their sidewalk. They have been in business in Saint Paul since 1993. They purchased the
Groveland Tap in 1998 and have been operating it since then.
Mr. Criag Hassell, general manager, Groveland Tap, stated that they plan to adhere to all the license
regulations and keep things under control.
Mr. Scott Brownlee, neighbor, spoke in opposition. His main concerns aze the noise and the nuisance
surrounding the neighborhood. With the smoking ban in place, the front sidewalk of the Tap has already
been transformed into a de facto smoking area. He thinks that allowing patrons to sit and drink outside
will create a disturbance for the neighborhood. He thinks that this license will also allow the Tap to
become a late night hangout purely for drinking. He submitted a new copy of the petition that was
signed with additional signatures and also another letter from a neighbor. Over the yeazs, the Tap has
tried to expand their license but they weren't able fo get the 90 per cent neighborhood support. With the
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assistance of Pat Harris' office, a new ordinance was put into place with a 60 to 90 per cent range and it
reads
The Council may grant the license upon finding that the issuance of the license would not
interfere with the reasonable use and enjoyment of the neighboring properties, and residences
would not bear adversely on the health, safety, morals and general welfare of the community.
They list a few criterion:
- the affect on the surrounding community;
- noise and the likelihood of adverse affects on residential occupants;
- the possibility of increased traffic;
-the character ofthe neighborhood;
- and other like uses in the neighborhood; (there aren't any)
At the end of the ordinance, it reads
The Council may deny the applicaYion if it has reason to believe (paraphrasing) that the impact of
such an outside service area and adjoining property will be or contribute to loud, boisterous and
disturbing noise levels, hazazdous traffic conditions, excessive litter and substantial decrease in
adjoining property values. (He highlighted the ones that apply.)
Mr. Brownlee read a letter from a neighbor that he thinks really addresses the concerns that they have.
It's from Debra Sampson.
Dear Mr. Brownlee,
Pm writing about the Groveland Tap issues. I'll probably not be able to attend the hearing on
the 3` as I will be out of town for the day. Pve been concerned about the rising noise from the
Groveland Tap patrons already for more than a year. Patrons have been parking on Berkeley and
on Howell in larger and larger numbers. I've no problem with the cars on the street. VJhat I do
find disturbing in the amount of noise made when people aze returning to their cars. Every
weekend and sometimes on week nights, we get noise, audible conversations, door slamming,
people yelling from one car to another. ThaYs annoying at best and in the wee hours, not
conducive to sleep. I certainly don't want more noise outdoors at the Tap, and extending the
alcohol license to the front sidewalk would inevitably add to the noise.
Furthermore, I am concerned that the Tap owners don't seem to take into consideration the fact
that people live here. Holding a party all afternoon and evening with amplified music was not
kind to the neighbors. When the Tap had a Summit Brewing event on August 16, 2008, the
noise was annoying at first and expanded to unsupportable. By 6:00 p.m., I had closed all my
windows, tumed on fans, turned on my own music and still I was getting goosed by the bass
emanating from the speakers half a block away.
The Groveland Tap is a nice place to have around. I like their food; I like Summit Beer, I like
being close by. But, I think that iYs important that the owners keep in mind that this
neighborhood is first and foremost, residential. As residents, we're making allowances already,
and I think the owners of the Tap have to make ailowances for us, too. Discounting the impact
of their actions, in particular, adding beer drinkers to the sidewalk in front of the Tap, is not
ay-���
neighborly. Their commitment to being good neighbors is not evident here. Thanks for your
involvement in trying to keep the noise down.
In conclusion, Mr. Brownlee added that the Tap has operated successfully in that location for
approximately ten (10) yeazs or so. Over that time, the City has allowed them to upgrade their license
from the origina13.2 status to serving strong wine and beer. The City also granted them the sidewalk
cafe license which allowed them to increase their food sales. The neighbors are hoping that this is
enough. The neighbors are asking that this license be denied.
Joseph Newton, neighbor, spoke in opposition. He thanked Ms. Vang for taking the time to heaz the
neighbors' concems and to consider this application. He has lived in the neighborhood for some time
and the Groveland Tap has always been a good neighbor. Over the years, it has gone from a small bar to
a lazger, expanded bar; from 3.2 to strong wine and beer. So, there has been significant growth already
in what is a fairly residential neighborhood. He does not support granting this application. There have
been occasions when he has had concerns about the noise, especially at closing time and beer bottles on
the ground. He has also witnessed public urination on the boulevard. He called the police on only one
(1) occasion. The parking issues have increased over the years and to some extent, have been alleviated
by the parking agreement with the chiropractic office. He thinks that allowing beer and wine drinking
outside year round would have a detrimentai affect on the neighborhood. IYs a residential area and very
family oriented. Granting this license creates a very unique situation as far as he can see in the
Macalester Groveland area. He feels that granting this license would not be conducive to the character
of the neighborhood that he moved into.
Jim Nelson, owner of the business immediately adjacent to the Groveland Tap, spoke in support. The
Mathnasium is a math learning center where kids from Grade 2 through 12 come to him for math
tutoring. He has been there for about one (1) year. He doesn't drink but has friends who do and he
doesn't see any reason why the Tap shouldn't serve beer and wine outdoors. He has been bringing his
own children to the Tap since they were very young. IYs a family restauranY. He noted that he would
not have located his business, where he's serving children, right next door to the Tap had he been
concerned about the nature of the business. IYs not a hard drinking place. It's a place where people go
to have beer and/or wine with their meal.
Ms. Vang questioned staff about liquor license differences and penalties related to them. Ms.
Schweinler responded Yhat this is a wine and beer license; it does not include any hard liquor. Wine and
beer are menu items, only; they can be served only in conjunction with a meal. A business needs a full
restaurant kitchen in order to have this license. The outdoor service area, at this time, has been only for
food. This license is an upgrade or an expansion to allow the service of wine and beer with food to the
sidewalk cafe. Penalties for allowing wine and beer outside without a license is a liquor violation and
starts out with a$500 fine. The service of wine and beer without a menu item is also a liquor violation
and it follows the same penalty matrix that starts out with a$500 fine. Chapter 409 of Saint Paul's
Legislative Code compiles those matrixes. There is no full liquor license available for area; a full liquor
license would allow for the sale of any alcoholic beverage without food.
Ms. Vang asked staff how the City handles the issue of noise. Ms. Schweinler responded that,
technically, the City does not review a business license at the end of each yeaz. Complaints should come
into the Police Department or the Complaint number at the time that they are happening. They are
reviewed at that time. Noise is an issue with any type of hospitality business. If the neighbors have
issues, they should be recorded immediately. The City and the Police Department will then do a
compliance check.
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Ms. Vang asked the applicant whether he has posted "No Loitering" signs at the business. Mr. Burley
replied that he has not. Ms. Schweinler added that management needs to monitor their tables. They
don't want people just sitting there. Ms. Vang asked if they allow people to just stand in the azea azound
the tables. Mr. Burley stated that the district council has recommended they limit outdoor patrons to
sixteen (16) people whether they are sitting or standing. Ms. Schweinler added that the business,
however, does have to allow patrons to go outside to smoke, but they don't have to be near the outdoor
seating azea.
Ms. Vang has questions about how the district council worked. Mr. Soley explained that each district
council has their own mechanism for considering license applications and determining whether they
want to approve or oppose those applications or suggest certain license conditions be added to help deal
with concerns that they may have. He continued to say that it had been mentioned that the letter of
support for the Liquor Outdoor Service Area (Sidewalk) license that the Macalester Groveland
Community Council sent was based on the Housing and Land Use Committee's recommendation, which
is true; but the letter was signed by Melissa Martinez-Sones, who is the Executive Director of the entire
Mac Groveland Community Council. This community council relies on this particular committee to
meet and discuss with applicants and neighbors in order to make recommendations that the council as a
whole will stand by. Each district council has different review processes.
Ms. Vang asked how near to this business is a business with similar licenses. Mr. Burley responded that
Heartland is a restaurant across the street with same type of licenses. They don't serve on the sidewalk
or patio. He added that the previous restaurant, Pierre's, did have a sidewalk license.
Ms. Vang asked about staff training for serving alcohol. Mr. Burley answered that they do alcohol
awareness training twice a year. There are approximately twenty (20) employees. Their hours are 11
a.m. to 1 a.m. The kitchen stops serving at midnight and last call for alcohol is usually between 12:40
a.m. and 12:45 a.m. Mr. Soley pointed out that it is required that the kitchen needs to be open during the
entire time that alcohol is served; wine and beer service has to be in conjunction witb the sale of food.
Mr. Brownlee stated that the neighborhood really doesn't want to beat these guys up because most of
them have lived near the Tap for years. But, this was a problem when they got their strong beer and
wine license. They were supposed to be serving food with the beer and wine. It is not enforced. Even
their menu says that a bag of chips qualifies as food. This is one of the neighbors' concerns with late
night consumption. Some guy having a beer with his lunch is not the problem here. At 10 p.m. when
the beer specials go on, this place changes dramatically. His concern with any compromise is that iYs
going to get watered down just as the compromise to serve food with wine and beer has been watered
down. He doesn't know if anyone from the City has ever checked or walked in after 10 p.m. to see six
(6) guys sitting around a table after a softball game with beer and possibly an order of fries. He doesn't
think that the Tap has gone out of its way to make sure that they're complying with the letter or the spirit
of that law. He thinks that granting this license will change the tenor of this neighborhood.
Ms. Vang asked what kind of food was served if it was not from the kitchen. Mr. Burley answered,
"Salsa and chips." She asked staff if that was adequate. Ms. Schweinler noted that the state has a
different interpretation from the City. Once a year, the Tap needs to clarify their sales with the City in
order to maintain the wine and beer license. They have to show that at least 60 per cent of their gross
proceeds are attributed to food items. In the past few years, they barely made that to squeak by.
Compliance checks are done and the City focuses more on the wine; wine can't be served unless it's
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with a menu item. If our compliance checker goes in and asks for food and the kitchen's closed and
they are served wine, a report would be made.
A discussion took place regarding the district council's recommendation that outdoor service ends no
later than 9 p.m. Mr. Burley thinks that time is too eazly for their guests; iYs in the middle of their
dinnerrush.
Mr. Hassell and Mr. Burley noted that they put their contact information directly on the guest check in
case there are any problems. Someone is always available to take phone calls, as well; and they will be
dealt with directly.
Ms. Vang asked if there were any additional parking requirements. Ms. Schweinler responded that this
license doesn't increase the number of parking spaces; serving on the sidewalk is a temporary thing.
The tables and chairs need to be brought in when the establishment is not open. Mr. Soley noted that if
any thing is going to be left outside during any hours when the business is not in operation, they would
have to obtain an obstruction permit in order to leave it outside, even stacked. Mr. Hassell said that they
bring everything in every night.
Ms. Vang had questions about trash pick-up. Mr. Hassell stated that he and other staff police the area
several times per day. When they find beer bottles, 99 per cent of the time, they're beer brands that the
Tap doesn't even sell. The majority of beer sold at the Tap is on tap.
Ms. Vang reviewed the objection letters and noted the following concems: additional traffic and
parking congestion; patrons having no respect for the neighboring community being loud at night and
leaving trash on neighbors' front yards and boulevard; devaluation of neighbors' property; more alcohol
encouraging more rowdy patrons; more litter; more public urination; and the adverse affect on the
neighborhood.
Mr. Burley stated that a few years ago, they worked out a shared parking agreement with the business
across the street for after 6 p.m. The other business is closed at that time, so Groveland Tap may use all
ten (10) spaces. The Tap has a parking lot immediately behind their business with five (5) or six (6)
spaces. Mr. Burley said that wine and beer service on the sidewalk cafe is not going to increase the
demand for parking; the people are already there. Mr. Hassell added that as the restaurant across the
street is gaining popularity, they aze seeing some of their patrons parking in front of the Tap, so there's
combined congestion.
Ms. Vang asked about the amplified noise that one of the neighbors mentioned. Mr. Burley explained
that once a year, the Tap, in conjunction with Summit Brewery, has a party. A share of the proceeds is
donated to a local charity. This year, they closed the party down at 10 p.m. The neighborhood is
notified of this yearly event. Ms. Schweinler added that they need to apply for a temporary expansion of
the service area to the parking lot, which requires district council approval and notification to the
neighbors. Mr. Burley noted that during their normal course of business, they do not have amplified
music.
Mr. Jim Nelson added that the parking lot behind his building is used by Tap patrons after 8 p.m. and
there's, perhaps, an extra twelve (12) spaces there. The Tap plows the lot. He added that there's an
empty lot on the corner of St. Clair and Fairview that's been sitting empty for years; there used to be a
day care center there. IYs an eye sore in the neighborhood, and if someone could obtain the lot and turn
it into a pazking lot, it would help all of the businesses and the neighbors. There used to be gas tanks
oy�3��
underneath and there is worry about contamination. Councilmember Harris had told him that it would
be more expensive for the owners of that lot to take the remedial action that it would take to clean-up
that soii than the property is probably worth, so, appazently, iYs more profitable for them to let it sit idle
than to do anything. Mr. Burley stated that the Tap has been trying to buy it for yeazs but it's not for
sale.
Ms. Vang took a recess at 10:37 a.m.
The hearing reconvened at 11:05 a.m.
Ms. Vang asked the percentage of support on the final petition from the neighborhood. Ms. Schweinler
responded that they had 35 out of a possible 55 signatures, about 63 percent. The previous ordinance
read that 90 percent is required but without obtaining the signatures of 90 percent of all of the owners of
residential property within 300 feet of the establishment, the application couldn't go forwazd. Effective
July 23, 2008, the City Council passed an ordinance amendment that revised the signature requirements.
90 per cent is still the goal standazd; and it makes it easiest for an applicant to have the application
process completed to successfully obtain a liquor outdoor service license. The Council made provision
for applicants who are unable to get to that 90 percent threshold. Other categories allowable are:
1. If the applicant has consent between 60 and 89 percent of the owners within 300 feet.
In that case the application can proceed but the applicant needs to submit a letter explaining how they
tried to get to that 90 percent threshold and what factors caused them to fall short of that. DSI has such
a letter from this applicant dated August 1, 2008. When this matter comes before tl�e City Council, this
letter will be submitted.
2. IYs even possible for an application to go forward with less that 90 percent.
There are some additional requirements in that case.
Ms. Vang asked when the last review was done for this business. Mr. Soley stated that the petition was
submitted for DSI's review on June 23, 2008. Within two (2) or three weeks after that, Ms. Schweinler
conducted the review.
Ms. Vang stated that she would like to see no new orders taken on the sidewalk after 8 p.m. Mr. Burley
responded that was not practical. The bulk of their business goes up to 10 p.m. He feels that they
should be able to serve on the sidewalk until 10 p.m. The neighborhood's concern is not early in the
night; iY s later at night — people walking to their cars at baz closing. The sidewalk has no impact on that
at all. This is just people having a beer with their food. Their guests are asking for this in the summer.
Ms. Schweinler noted that the City has other establishments that are open outside until 10 p.m. They
have placed conditions as to time.
Ms. Vang strongly encouraged Mr. Burley to consider agreeing to a 9 p.m. sidewalk service closing time
Friday and Saturday; and an 8 p.m. sidewalk service closing time Sunday through Thursday. She
doesn't want to create an environment that would adversely affect the neighborhood. Ms. Schweinler
suggested the Tap try it for the rest of the season and the City would review it in May 2009. Ms. Vang
agreed. Mr. Burley responded that the Tap will not agree to stop sidewalk service at 9 p.m.
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Ms. Schweinler asked Mr. Burley when the kitchen closes and when last call is given. Mr. Burley
responded that the kitchen closes at midnight and last call for drinks is given betv✓een 12:40 a.m. and
12:45 a.m. Ms. Schweinler said the City considers that acceptable; it allows time for the grill to cool
down and be cleaned.
Ms. Vang stated that she wants to add a condition that would make restaurant staff more diligent in
monitoring the noise level outside when patrons go outside for a smoke.
Another recess was taken at 11:25 a.m.
The hearing reconvened at 1134 a.m.
Ms. Vang stated that she really doesn't want to refer this matter to an Administrative Law Judge. Given
that this is a seasonal service azea, she asked the applicant what he would consider a reasonable time to
close sidewalk service. Mr. Burley responded that he considers 9 p.m., Sunday through Thursday; and
10 p.m., Friday and Saturday to be reasonable closing times for sidewalk service.
Discussion follawed regarding trash pick-up radius, clarification of a noise condition, sensitivity to
neighborhood placards, violation of conditions, enforcement, etc.
Ms. Vang stated that she will recommend approval with the following cond'ations:
1. Licensee will work with the nearby chiropractic business to resolve patron pazking issues.
Resolution could include posting a sign to eliminate patron parking in the chiropractic lot or a
shared parking agreement.
2. The sidewalk cafe is an extension of the restaurant operation onto a part of the public sidewalk
which immediately adjoins the licensed premises.
3. No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal
pedestrian traffic flow is obstructed. A minimum clearance width of thirty-six (36) inches must
be maintained on the public sidewalk at all times.
4. No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for
the sidewalk cafe during any period when the sidewalk cafe is not open and being operated.
VJhile such caf� is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
5. The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All
public improvements, including but not limited to trees, light poles, traffic signals, pull boxes or
manholes, or any public-initiated maintenance procedures, shall take precedence over said use of
the public sidewalk at all times.
6. It shall be the duty of the licensed food establishment to maintain each plant tub at all times in a
safe condition at its proper location and to inspect each such tub periodically in order that it may
be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean
and presentable condition. No advertising matter or sign or writing of any kind shall be
displayed upon any tree or plant or its tub.
7. No outdoor food and/or beverage preparation is allowed on a public sidewalk without prior
approval and additional licensing from the Department of Safety and Inspections (DSI).
Added 10l20/2008:
8. On a daily basis, the Groveland Tap staff will pick-up all the trash on public property in the one-
block area on St. Clair Avenue between Fairview Avenue on the east and Howell Street on the
Osl ���
west. Additionally, trash will be picked up daily in the chiropractor's office parking lot located
across St. Clair Avenue from the Groveland Tap.
9. Outdoor service and consumption of food, wine and beer will terminate at 9:00 p.m. on Sunday
through Thursday nights and at 10:00 p.m. on Friday and Saturday nights.
10. The staff will monitor and control patron noise diligently so that it does not create a disturbance
inthe neighborhood.
11. Signage shall be prominently posted at all entrances and exits to make patrons awaze that when
they leave the premises, they aze exiting into a residential neighborhood and should show respect
and consideration for the residents.
12. Signs will be placed on each outdoor table reminding patrons that they are in a residential area.
They must show consideration for the neighbors and keep tl�eir noise down.
13. The capacity for the sidewalk cafe is limited to a total of sixteen (16) patrons.
The hearing was adjourned at 11:44 a.m.
/jab
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