09-444� _
Suspension 4/22/09
Council File # 09-444
Green 5heet # 3069771
RESOLUTION
Presented by
PAUL, MINNESOTA
WHEREAS, Coaster Dreams LLC d/b/a Ngon Vietnamese Bistro, located at 799 W. University
Avenue in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of a liquor
outdoor service azea (patio) license; and
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WHEREAS, the District Seven Planning Council, has agreed to the waiver of the notice
6 requirements; and
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8 WHEREAS, 25 residential properties aze within a 300 foot radius of licensee's proposed patio, and
9 licensee has obtained consent from 12 of those properties (48%); and
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11 WHEREAS, licensee visited all the addresses on several occasion and was unable to obtain
12 signatures from bank-owned and registered vacant buildings to obtain signatures from the remaining
13 residences but was unable to contact ttiem and received no negative responses to the request for consent;
14 and
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WHEREAS, the Council finds that these efforts constitute a good faith effort to fulfill all petition
requirements, and that the results of the attempts to obtain signatures showed a generally favorable
disposition from the surrounding community toward the proposed licensed activity; and
WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable use
and enjoyment of neighboring property and residences and will not bear adversely on the health, safety,
morals and general welfare of the community; and
WHEREAS, tl�e Council finds that the application is in order and there are no grounds for denial of
the license and that the failure to grant the waiver and the consequent delay in approving the license would
cause exceptional and unusual hardship to the license applicant; and
WHEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of
the 45-day period and the complaint provides a basis for adverse action against the license, that the
Department of Safety and Inspections may direct the licensee to immediately discontinue all operations
until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefore,
be it,
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09-444
34 RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code
35 are hereby waived and a liquor outdoor service area (patio) license is issued to Coaster Dreams LLC d/b/a
36 Ngon Vietnamese Bistro, located at 799 W. University Avenue in Saint Paul, subject to the agreement
37 stated above.
Yeas Nays Absent Requested by Department of:
Bostrom ;/ .
Carter ,� `� i �^ � S
Harris ✓ By � � � �� „� ,
Helgen � �• ��
, Approved by the Office of Financial Services
Stark ,/ B y�
Thwie / Appr� d,by City Attomey
BY 1��, (L(_.Y��
Adopted by Council: Date /�3��[11 Approved by Mayor for Submission to Council
Adophon Certified by Co cil Secietary gy
BY� � !!. �
Approved y a3� : Date �� ��� %
By:
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09-444
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
--�-....._... _..._... _......_... ....w ..............
S � _Dept.ofSafety&inspections ��_�, Green Sheet NO: 3069771
ConWct Person & Phone:
Christine A. Rozek
266-9108
Must Be on Council Agenda by (Date):
Doc.Type:RESOLUTION
E-DOCUmentRequired: Y
Document Contact: Robert Humphrey
ConWCt Phone: 266-9123
� I
0' enc of Satery & Iasotttions I
, 1 eot of Safetv & Inspections Deparhnent Director '
Assign Z ICtityAttomeY I I�
Number I 3 Mayor's O�ce : MaYOdASSistant �
For I '
Routing 4 oancil I�
Order I 5,CStv Cierk CSty Clerk
7oWl # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of a Resolution waiving the 45 day notification requirements in Chapter 409.06 of the Saint Paul Legislarive Code for
Coaster Dreams LLC, d/b/a Ngon Vietnaznese Bistro, located at 799 University Avenue West. ,
Recommendations: Approve (A) or Reject (R);
Planning Commission
CIB Commiriee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirtn ever worked under a contract for this departmenY?
Yes No
2 Has this person/frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
tnitiating Problem, fssues, Opportunity (YVho, What, When, Where, Why):
Council action necessary in order to waive the notification requirements in Chapter 409.06. The Distdct 7 Planning Council urges and
consents to waiving the 45 day public hearing period for 799 Universiry Avenue West.
Advantages If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
Totai Amount of
Trensadion:
Funding Source:
Fi nancial Information:
(F�cplain)
CostlRevenue Budgeted:
Activity Number:
Apri122, 2009 2:17 PM Page 1
09-444
DISTRICT 7
PLANNING
COUNCIL
April 10, 2009
Christine Rozek
Duector of Licensing
Department of Safety & Inspections
City of Saint Paul
375 Jackson, Suite 200
Saint Paul, MN 55101
Deaz Ms. Rozek,
651fT89-7407 (o�ce)
651/789-7401 (fax)
district7pc@yahoo.com (e-mailJ
We6 site http://www.d7mix.org
533 Nort6 Da/e Street
SaintPaul, Minnesofa 55103-1644
This letter is in reference to the license applicarion to add liquor outdoor service azea (patio) license for the Ngon
Vietnamese Bistro, located at 799 Universiry Avenue West (License Number 20070000508).
The applicant has expressed a need to have the 45-day public hearing period be waived. He wants to begin
conshuction on his patio as soon as possible in order to ariract summer business. He is attempting to save as much
revenue as possible before the Light Rail Transit is constructed. This has created a hazdship for the applicant.
Last week, the applicant collected signatures from 30 of his neighbors, all of whom support his request for the
waiver. Additionally, the district council did not receive any phone calls from community members in opposirion
to a flyer notifying them about the applicanYs desire to have the public comment period be waived. Finally, on
March 24`�, 2009, District 7 held a communiry meeting to inform residents of the owners need for a license
expansion and a pazking variance. Those present (25 people) unanimously voted to support both applications.
For the above-mentioned reasons, the District 7 Plannine Council urees and consents to waivin� the 45-dav
pubiic hearine aeriod for 799 Universitv Avenne West.
A copy of the petirion signed by the applicant's neighbors and the results of our community meeting are enclosed
with this letter.
If you have any questions, please feel &ee to contact me directly at 651-789-7480.
Thank you in advance for your assistance waiving the 45-day public hearing and helping the applicant speedily
obtain the licenses he has requested.
Sincerely
(�����
Tait A. Danielson Castillo
Execurive Director
CC: Hai Truong, Owner; Ngon Vietnamese Bistro
Serving the neighborhoods of Mf. Airy, Capitol Heighfs, Frogfown and Easf Midway since 1970!
09-444
?�'gon Vietnamese Bistro patio petition:
Last yeaz I talked to Reid at the license o�ce and c��as told that I would need to get
neighborhood approval from property owners to before applyin� for a patio pernut. He
gave me a list of properCy in the 300ft radius. I contacted Tate from dish 7 to help me
gather signatures. We went to every home on the list get signatures. Neighbors that we
contacted we very positive about what we were doing in the area and were very
supportive. I'he many homes that we were not able to get signatures from were rental
�,n;ts or registered vacant buildings. I went out 4 more times by myself to gather more
signatures. I then sent letters out to the owners and did not get responses. A11ot of the
properties were bank owned foreclosed property or own by people out of state. I tried to
go to properiy management companies but not successful in contacting them. I was not
successful in getting 90% approval due to the situation but tried all options that I had
available to me to get them. We also handed out and sent out information on a
community meeting to get approval from district Z The meeting resulted in community
approval of the patio.
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