09-741Council File # 09-741
Green Sheet # 30 r ] � 3
�«
Presented by
RESOLUTION
OF SAI�IT PAUL, MINNESOTA
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2 WHEREAS, Shannon Crossing, Inc. d/b/a Turf Club, located at 1601 University Avenue in Saint
3 Paul, has requested a waiver of the 45-day notice requirement for issuance of a liquor outdoor service azea
4 (sidewalk cafe) license;and
WHEREAS, the Hamline Midway Coalition (District 11 Community Council), has agreed to the
waiver of the notice requirements; and
9 WHEREAS, seven (7) residential properkies are within a 300 foot radius of licensee's proposed
10 patio, and licensee has obtained consent from two (2) of those properties (29%); and
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12 VJHEREAS, licensee went door to doox to obtain signatures and sent registexed letters to the
13 remaining residences but was unable to contact them and received no negative responses to the request for
14 consent; 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 licensee has agreed to the following additional license conditions:
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 public sidewalk where normal
pedestrian traffic flow is obstructed. A minimum clearance width of forty-eight (48) inches
must be maintained on the public sidewalk at a11 times.
5. 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. While such cafe is in operation, all tables and chairs shall be kept in a clean,
sanitary condition.
6. The use of a portion of the public sidewalk as a sidewalk caf� shall not be an exclusive use.
All public improvements, including but not limited to trees, light poles, traffic signals, pull
boxes or manholes, ar any public-initiated maintenance procedures, sha11 take precedence
over said use of the public sidewalk at all times.
7. If plant rizbs are included in a sidewalk cafe, 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. (NOTE: Plant tubs left out over night require a Public Works Obstruction
Permit. Licensee agrees to obtain this permit if necessary (call 651-266-6151 to obtain this
permit)).
09-741
43 8. No outdoor food andlor beverage preparation is allowed on a public sidewalk without prior
44 approval and additional licensing from DSI.
45 9. The outdoor service area shall be cleaned of trash and debris each day after closing.
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WIIEREAS, the Council fmds that with the additional license conditions, issuance of the license
will not interfere with the reasonable use and enjoyment of neighboring property and residences and will
not beaz adversely on the health, safety, morals and general welfare of the community; and
WI3EREAS, the Council finds that the application is in order and there are no grounds for denial of
the license and that the failure to �ant 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,
RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code
are hereby waived and a liquor outdoor service area (patio) license is issued to Shannon Crossing, Inc.
d/b/a Turf Club, located at 1601 University Avenue in Saint Paul, subject to the agreement stated above.
Requested by Deparhnent of:
.J�}�
BY� C�l�:� 1� /�'t'l`�'
Approved by the Office of Financial Services
By:
City Attomey
BY � �h �,�,_ �/
Date ��/j�/1l`j Approved �iy Mayor or
Adoprion Certified by Council Secretary g
B �
Approv y a or: � Da e ��
By:
Q6uncil
/
Adopted by Council:
� Green Sheet Green Sheet
09-741
Green Sheet Green Sheet Green Sheet Green Sheet
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DeparhnentlOfficelCounciL � Date Initiated:
i S � _Dept.ofSafety8lnspections � o�,��A9 Green Sheet NO: 3072236
i
Contact Person & Phone: � Department Sent To Person InitiallDate i
' ChristineRozek y o peptofSafetv&Iospections i��, !
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� 26&9 � 1 - eptofSafetv&Inspections Deoarim� — entD'vector i
Assign !
I Must Be on Council Agenda by (D e)- Number I 2 �4' Attomev I ;
I 75.1UL-09 ��` For 3 ayor•s0ffice I Mavor�%Awistant� �
L :� � � Routing 4;Coancil I� '
I Doc. Type: RESOLUTION Order 5 iN Clerk C�� -- 'ty Clerk 1 I
I '
E-Document Required: Y ,�
Document Contact: Robert Humprhey �
ContaM Phone: 2669123 �
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolution to waive the 45-day norice requirement and issue the liquor outdoor service azea (sidewalk cafe)
license to Shannon Crossing, Inc. d/b/a Turf Club for the premises located at 1601 University Avenue in Saint Paul. I
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm 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
6cplain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
I
AdvanWges If Approved:
Waive 45-day requirement and issue the license.
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Totai Amount of
Trensaction: CostlRevenue Budgeted:
Funding Source: Activity Number:
i Financiallnformation:
(Explain)
July 8, 2009 1:59 PM Page 1