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HomeMy WebLinkAbout2012-10-03 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/3/2012 • PREPARED BY City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Hold the public hearing and consider authorizing issuance of an On -Sale Wine Intoxicating Liquor License (with authorization to sell Strong Beer) and an On -Sale 3.2 Liquor License to Burnwood, LLC /DBA Famous Dave's BBQ, 8479 East Point Douglas Road, for the remainder of 2012 and all of 2013, contingent on compliance with the provisions of the Cottage Grove City Code and Minnesota Statutes relating to alcoholic beverages, compliance with the conditions outlined in Resolution No. 2012 -095 approving the conditional use permit, receipt of a certificate of liquor liability insurance, and payment of license fees. STAFF RECOMMENDATION Hold the public hearing and authorize issuance of the liquor licenses. During the required background investigation, no facts were found that would constitute a basis for denial of the application. SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Caron Stransky dated 9/25/2012. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Attachments. ADMINISTRATORS COMMENTS City Mministrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Document3 COTTAGE GROVE To: Honorable Mayor and City Council Members From: Caron Stransky, City Clerk Date: September 25, 2012 Subject: Liquor License Application — Burnwood LLC The City of Cottage Grove received an application from David Von Rueden of Burnwood LLC, for an "On- Sale" Wine Intoxicating Liquor License and an "On- Sale" 3.2% Beer License (allowing for the sale of strong beer) for the Famous Dave's BBQ Restaurant to be located at 8479 East Point Douglas Road South, Cottage Grove, the site of the former KFC Restaurant. The Public Safety Department conducted the required police background investigation of the applicant and during the investigation of Mr. Von Rueden and his former businesses, no facts were found that would constitute a basis for denial of the application, In addition, the Finance Director conducted a thorough review of all financial information submitted by the applicant and given the information provided, the business would be a viable entity. At the September 5th meeting, the City Council adopted Resolution No. 2012 -095, a resolution approving a conditional use permit to allow a restaurant with "On Sale" Liquor at 8479 East Point Douglas Road South, Cottage Grove. A condition of the resolution is that the applicant must obtain an "On Sale" Liquor License from the City Council before any alcoholic beverages can be served. A public hearing was scheduled for Wednesday, October 3, 2012 at 7:30 p.m., and a legal notice was published in the September 19, 2012 edition of the South Washington County Bulletin. Due to the time of year that the completed application was submitted and the fact that a renewal investigation for 2013 licenses would begin shortly after completion of the initial investigation, staff is recommending issuance of the liquor licenses for the remainder of 2012 and all of 2013, subject to payment of prorated fees for 2012 and full payment of all 2013 license fees. A copy of the background investigation report from the Public Safety Department and the Finance Director's report are attached. Recommendation Hold the public hearing and authorize the issuance of an "On Sale" Wine Intoxicating Liquor License, an "On Sale" 3.2 Beer License, and allow for the sale of strong beer, to David Von Rueden of Burnwood LLC for the remainder of 2012 and all of 2013, conditioned on: 1. Compliance with the provisions of the Cottage Grove City Code and Minnesota Statutes relating to alcoholic beverages; 2. Compliance with the conditions outlined in Resolution No. 2012 -095, a resolution approving a conditional use permit; 3. Receipt of a certificate of liquor liability insurance; and 4. Payment of the 2012 (prorated) and 2013 license fees. /City Clerk Stransky Attachments /3 RESOLUTION NO. 2012 -095 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH ON -SALE LIQUOR AT 8479 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, Burnwood, LLC, dba Famous Dave's BBQ, has applied for a conditional use permit to allow a restaurant with on -sale liquor, on property legally described as: Lot 2, Block 1, Jamaica Square Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8479 East Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on August 27, 2012; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No written or oral testimony was received; and WHEREAS, the Planning Commission unanimously (8 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to allow a restaurant with on -sale liquor, located on the property legally described above, subject to the following conditions: 1. All applicable permits (i.e., building, electrical, grading, sign and mechanical) and a commercial plan review packet must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. The applicant must obtain an on -sale liquor license from the City Council before any alcoholic beverage can be served. 3. The exterior wail bump -out facade constructed of corrugated steel is permitted to naturally corrode to an aesthetic extent as long as it does not become a hazard. The corrugated steel materials are allowed to discolor, but must not become corroded. Resolution No. 2012 -095 Page 2 of 2 4. A minimum of 21 off - street parking spaces shall continually be provided including a minimum of two handicap accessible spaces with one being "van accessible." 5. The landscaping shall be installed as per the approved landscape plan and conti- nually maintained in a live vegetative state, kept free of refuse and debris, and replaced when necessary. Dead plant materials must be replaced with live plantings. Plantings replacing the dead shrubs nearest to the fire hydrant at the west access drive must not be within six feet of the fire hydrant. Plant materials extending into and over the common access drives must be trimmed. 6. All signage must conform to the design, color, and location as shown in the sign package submitted by the applicant and conform to the City's Sign Ordinance regulations. Passed this 5th day of September 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk City of Cottage Grove Memo Public Safety To: Director of Public Safety Craig A. Woolery From: Detective Greg Malcolm Date: September 24, 2012 Subject: LIQUOR LICENSE APPLICATION — FAMOUS DAVE'S BARBEQUE APPLICANT David M'chael VonRueden ORGANIZATIONAL INFORMATION On September 5, 2012, Mr. Von Rueden made application with the city of Cottage Grove for a liquor license for the Famous Dave's Barbeque Restaurant, which is to be located at 8479 East Point Douglas Road South in the city of Cottage Grove. This application is for an "On Sale" wine and "On Sale" 3.2 beer license. Mr. Von Rueden is currently the owner - president of the Famous Dave's Restaurant which is located at 12721 County Road 5, Burnsville, MN and did operate the restaurant at that location from 1998 to the present day. That location is being closed due to an imminent domain proceeding between Mr. Von Rueden and Dakota County as the intersection of Highway 5 and 13 in the city of Burnsville is being reconstructed which will cause the Famous Dave's Restaurant to close. Mr. Von Rueden will operate the Famous Dave's Barbeque under the corporate name of Burnwood Limited Liability Corporation. Again he is the president and sole owner of the Famous Dave's Barbeque Restaurant. CRIMINAL/POLICE CONTACTS I have contacted the city of Burnsville where Mr. Von Rueden is currently operating his Famous Dave's Restaurant and found that there have been six (6) contacts in the last five years at that location with the Burnsville Police Department. All of these contacts involved suspicious individuals who were in, around or near the Famous Dave's Restaurant location and in every instance it was employees from Famous Dave's calling about these suspicious individuals. I also found that the current Famous Dave's location in Burnsville, has failed their alcohol compliance checks on two occasions. The first was in 2005, the second was in 2008. Neither of these failures resulted in any type of actions against Mr. Von Rueden's alcohol license. They were resolved with small, payable fines. There were no negative police contacts with the city of Burnsville or any specific contacts for David Von Rueden with the Burnsville Police Department. He has no contacts with the Cottage Grove Police Department where he currently resides. A criminal history check for Mr. Von Rueden reveals no prior arrest records and no warrants for the individual's arrest. FINANCIALS A thorough review of all financial information submitted by David Von Rueden was completed by the city's Finance Director Robin Roland and as such she did complete a memorandum regarding her findings. That memorandum is included in this packet. CONCLUSION During my background investigation of Mr. Von Rueden, the applicant, and his previous businesses, I can find no information which would preclude Mr. Von Rueden, from holding a liquor license with the city of Cottage Grove. Greg Mal olm Investigating Officer City of Cottage Grove Finance Department TO: Caron Stransky, City Clerk FROM: Robin Roland, Finance Director DATE: September 12, 2012 I - M SUBJECT: Review of financial information — Burnwood LLC (dba Famous Dave's) Introduction I have reviewed the financial statements provided by Burnwood LLC as part of the background information required for the Liquor License application they have filed. Discussion The financial statements and income tax returns provide a consistent picture of the operations of the Famous Dave's restaurant in Burnsville. It appears from the reports that this profitable business, currently showing a slight increase in revenues for the first six months of 2012 over the first six months of 2011 and a 5% reduction in expenses for the same period 2012 over 2011. Given this information, the business is a viable entity and should not be denied a liquor license for financial reasons. NOTICE OF HEARING City of Cottage Grove NOTICE IS HEREBY GIVEN, that an application has been filed with the City Council of the City of Cottage Grove for an "On Sale" Wine Intoxicating Liquor License (with authorization to sell Strong Beer) and an "On Sale" 3.2 Liquor License by Burnwood, LLC for the establishment known as Famous Dave's BBQ, located on that property described as follows: Commonly known as 8479 East Point Douglas Road, City of Cottage Grove, Washington County, Minnesota. NOTICE IS FURTHER GIVEN, that a public hearing will be held on said application on Wednesday, October 3, 2012, at 7:30 p.m., at Cottage Grove City Hall, 7516 80th Street South, Cottage Grove, Minnesota. All interested persons will be heard at this time. Dated this 12th Day of September 2012. BY ORDER OF THE COTTAGE GROVE CITY COUNCIL L, M Caron M. Stransky, City Clerk Published in the South Washington County Bulletin: September 19, 2012