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10-761C 17Y Prese�ted by Councif File # 10-761 Green Sheet # 3//5`7� g RESOLUTtON �J,NT�PAUL, MINNESOTA ' g Approving the application with conditions, per the Deputy Legislative Hearing Officer, for an extension in liquor sales display area into a space having an address of 1783 St. Clair Avenue for the Wine Thief Inc. (I.D. 20050001331), d/b/a The Wine Thief,1787 St. Clair Avenue 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application to extend 2 the liquor sales display area into a space having an address of 1783 St. Clair Avenue (I.D. 3#20050001331) for The Wine Thief Inc., doing business as The Wine Thief,1787 St. Clair 4 Avenue, be approved with the following conditions: 6 Existing License Condition: Delivery trucks will deliver no more than three (3) times per day or twenty (20) rimes per week. 10 Recommended Additional License Conditions: I 1 2. If deliveries required to the rear of building off the alley, vehicles shall park only for 12 that time necessary to load or unload merchandise and shall maintain at least a 10-foot 13 14 3. 15 4. 16 17 maneuvering lane to provide thru access for the alley. Exterior storage of trash and recyclable materials must be placed in covered containers. Licensee shall work with neighboring property to mitigate concerns with use of the rear parking lot area. 18 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this 19 license application with the aforementioned agreed-upon conditions. 20 Bostrom Carter Harris Requested by Department of: � Form Approved by City Attorney By: Adopted by Council: Date ��� � Adoption Certifled by Council oecretary BY: !/// � � Approv b P o: Date ��27�7�/0 By: Form Approved by Mayor for Submission to Councif By: io-� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/Council: Date Initiated: co_�°°°��� 07JUL2010 Green Sheet NO: 3115723 ConWct Person 8 Phone: Denartment Sent To Person Initial/Date Nhia Vanp y o ounc;� 0 266-8566 1 oancil De artmentDirecror Assign Z �ry Clerk Q' Clerk I i MuSt Be on Council Agenda by (Date): � Number 3 0 21-JUL-10 For Routing 4 C� I Doa Type: RESOLUTION Order 5 O E-DOCUment Required: Y Document Contact: Contact Phone: Total # of Signature Pages _(Clip All Location5 for SignatU�e) Action Requested: Approving the license application with conditions, per the Legislative Hearing Officer, to extend the liquor sales display area mto a space having an address of 1783 Sk Clair Avenue (I.D. #20050001331) for The Wine Thief Inc., d/b/a The Wine Thief, 1787 St. Clair Avenue. Recommendations: Approve (A) or Reject (R): personal Service Contrads Must Answer the Foliowing Questions: Planning Commission �, Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a aty employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disativantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: �lctivity Number: Financia l Information: (Explain) July 7, 2010 3.24 PM Page 1 10-761 LICENSE HEARING MINUTES The Wine Thief at 1787 St. Clair Avenue Friday, June 18, 2010, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:14 a.m. Staff Present: Larry Zangs, Project Facilitator, Departuient of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: KaTrina Wentzel, owner The Wine Thief: Extend the liquor sales display area into a space having an address of 1783 St. Clair Avenue Ms. Vang stated that this is an informal legislative hearing for a class N license application. This particular license requires a neighborhood notification. If anyone has a concern, it automatically triggers a hearing. Other Class N Licenses include: tattoo parlors, entertainment, liquor sales, auto sales, etc.—things that have an immediate impact on the neighborhood. In this case, the City received one (1) letter of objection to this license. There are three (3) possible outcomes from this hearing, Ms. Vang may recommend to the City Council that: 1) they issue this license without any conditions; 2) issue this license with agreed upon conditions; or 3) not issue this license but refer it to an administrative law judge for a further hearing and findings. Mr. Larry Zangs, Department of Safety and Inspections (DSI), reported that DSI staff recommends approval of the license with the following conditions: Existing License Condition: 1. Delivery trucks will deliver no more than 3 times per day or 20 times per week. Recommended Additional Conditions: 2. If deliveries required to the rear of building off the alley, vehicles shall park only for that rime necessary to load or unload merchandise and shall maintain at least a 10 foot maneuvering lane to provide thru access for the alley. 3. Exterior storage of trash and recyclable materials must be placed in covered containers. 4. Licensee shall work with neighboring property to mirigate concerns with use of the rear parking lot area. Some of the added conditions address the concerns raised by Macalester Groveland Community Council. The property owner of 1781 St. Clair Avenue raised an lssue about the 10-761 need for a privacy fence along the property line. Since this expansion change is not considered a change in use per the Zoning Code, the Zoning Code does not require any additional parking or modifications to the existing parking facility. Ms. Vang asked Ms. Wentzel to talk about her p1an. When the toy store, which had been in operation at 1783 St. Clair Avenue, decided to close, it created an opportunity for the Wentzel's to expand. The landlord of the building agreed to lease 1783 to the Wentzel's for their expansion. The total downstairs space used to be one space with living quarters upstairs. About fifteen (15) or iwenty (20) years ago, it was divided to create two (2) retail spaces. Now, the Wentzels have hzrned it back into one (1) retail space. The Wine Thief �vill be increasing their distributers by three (3). Ms. Wentzel stated that they do not advertise that there is parking in the back. That parking space is intended for employees and the upstairs` residential tenants. It is very important to the Wentzel's to be good neighbors. They have a side lot patio that is part of their lease agreement but is not related to their business use of the space. Instead, the Wentzei's have turned the space into a gathering space for community garden/sitting area for the neighbors. They have a recycling bin for the cardboard. Trash is picked up daily and they have ordered a bigger bin that would accommodate the increase in trash. Also, they have done this at their own expense and will share the bin with residential tenants. They have made every effort to fold all boxes whether it belongs to them or not to ensure that trash is minimiZed. They trained all their staff to break the boxes down and to put it into the recycling bin. Currently, they have 1-hour parking in front of the store. They have put in a request for 15-minute parking so that people will be moving more quickly and not parking in the back. Hopefully, it will also keep the tenants who live across the street from parking in front of The Wine Thief all day ieaving more room for The Wine Thief customers and less traffic in the alley. Ms. Vang asked what their hours of operation are. Ms. Wentzel responded that they are closed on Sunday; open from 11:00 a.m. to 8:00 p.m., Monday through Thursday; open 11:00 a.m. to 9:00 p.m. on Friday; and 10:00 a.m. to 9:00 p.m. on Saturday. They have hired three (3) new employees, so, their staff has increased to nine (9). Her husband and another employee are full-rime; the rest are part-time. Each staff person parricipates in the alcohol awareness training provided by the insurance company. The basement is their storage area. Deliveries come five (5) days a week, made mostly through the front door, some via the alley. Ms. Vang reviewed the letter of complaint which indicated that the increase in business would generate more traffic in the alley. Ms. Wentzel responded that they would talk to their delivery people about not using the alley, if possible. The chain-link fence between the business and a neighbor was erected by the owner of the business property. A chain-link was purposely selected so that you could see through it; so that no one could hide behind it for the security of residents. 2 10-761 Customers may park in the lot behind the business but are not encouraged to do that to help minimize alley traffic. Ms. Vang will recommend approval with DSPs recommended conditions. The hearing was adjoumed at 10:46 a.m. /jab Note: Conditions Affidavit was signed April 21, 2010.