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Home My WebLink About7.b. Amendment to McDivot's Liquor Licenses M �...� j � . - . . . . � . . . �I lt�l-lO�V1-1 . . . � DATE: May 6, 1,997 TO: Mayor Busho Councilmembers Anderson, Wippermann, Carroll, Edwards FROM: Susan Wa1s Assistant to Ci Administrator � � h, �' _ SUB7: �� The police department provided me with a printout of incident reports written by police officers who responded to ca11s at Last Call or McDivot's for the last three years. Aimost a11 of the incidents were unrelated to noise complaints or disturbances from the bar ar out in the parking lot. Most of the incidents were worthless checks, trai�ic incidents on Highway 3 and there were five fights inside the bar in 1995 and 1996. Below I have listed the dates and nature of the incident where there were noise complaints or disturbing the peace complaints for the past three years: THIS FIRST GROUP OF INCIDENTS IS WHEN THE ESTABLIS��NT WAS OWNED AND MANAGED PRIOR TO BILL SCHNEIDER RUNNIN�THE BUSINESS. ' 4/20/95: Disturbing peace/disorderly conduct. Last Call calied and said suspect couldn't find truck in parking lot. Friend�ave him a ride home. 10/20/95: Disturbing peaceldisorderly conduct. Report of 8ght at Last Ca1Uon arrival fight over. Suspects in parking lot and found ride with friends. 5/19/94: Disturbin$peacelpublic nuisance. Complaint of loud music and large group of people outside bar at bar closing. 7/30l94: Disturbing peacelpublic nuisance. Anonymous complaint of loud band at Last Call. On arrival band had just quit. Manager was advised of complaint. 8l17/94: Disturbing peace/public nuisance. Last Ca11 called and stated suspect was pounding on their doors. 2/9/95: Disturbing peace/public nuisance. Manager reports altercation with 4 juvenile i suspects outside bar. �I � � , 8/11/95: Disturbin�peace/public nuisance. Suspect had dispute with band mernber. Given ride home. 4/12/96: Property damage. Suspect broke glass on vehicle and entered vehicle parked at last call. Complainant advised nothing missing. THIS SECOND GROUP OF INCIDENTS IS SINCE MR. SCHNEIDER TOOK OVER TI-� BUSINESS. HIS LIQUOR LICENSES WERE EFFECTIVE JUNE 1, 1996. 7/13/96: Disturbing peace/disorderly conduct. Employees call trying to get suspects out of bar. Suspects taken to detox. 2/2/97: Disturbing peace/disorderly conduct. Employees called and reported suspect didn't have ride home. 10-14'd to his residence. 7/21/96: Disturbing peace/public nuisance. Complainant complaining about numerous motorcycles parking on sidewalk at Last Ca11 and noise they make. All motorcycles were on Last Ca11 property. Advised complainant to consider talking to Last Call owner. 2/16/97: Disturbing peace/public nuisance. Last call employees reported three male suspects causing problems. Wanted them to leave. Stood by until they did. No complaints. In past years the police department has received complaints forrn residents in the senior building and condominum. Many af these complaints were registered the next day after the incident and when the police could not repond to any problems. The police chief feels there has been a reduction in the numer of complaints from nearby residents. Police Chief Knutsen will be at the meeting this evening to answer any questions. ,� , " CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COiJNCII,MEETING DATE: MAY 6, 1997 AGENDA TTEM: AMENDMENT TO McDNOT'S LIQUOR AGENDA SECTION: LICENSES OLD BUSINESS PREPARED BY: SUSAN WALSH AGENDA�� ASSISTANT TO CITY ADMINISTRATOR ATTACHMENTS: LETTERS APPROVED BY: At the April 15, 1997 City Council meeting, discussion was held on the request from Bill Schneider, oumer of McDivot's Pub&Eatery, to allow him to sell alcoholic beverages outside on the existing patio of the building. The City Council would have to approve an amendment to the liquor licenses to include the patio portion of the '�, Pr�Pe�3'• �! Since the April 15, 1997 council meeting, severalletters have been generated regarding this issue. Attached are ', letters of opposition from residents who live in the senior apartment building and in the condominium Also ' attached are letters from Bill Schneider and Craig Minea which were sent with my letter advising residents of this proposal. As of this writing, I have also receive a telephone call from one condo owner who stated she opposed the serving of alcohol on the patio. Noise seems to be the greatest concern of residents living adjacent to McDivots. Mr. Schneider is requesting that he be allowed to serve alcoholic beverages until 11:00 p.m., Sunday through Thrusday, and until midnight on Friday and Saturday evenings. He proposes to close the patio at these times. In his letter, Mr. Schneider states that the patio will reduce the noise from motorcycles, and the patio would only be opened for business an average of thirty days. If the City Council deems it appropriate to approve the amendment to the licenses, it is staf�s recommendation that conditions be placed on the approval such as no music or dancing on the patio and state the hours alcoholic beverages can be consumed by customers on the patio. RECOMMENDED ACTION: NONE , � CITY OF ROSEMOUNT . EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: APRII, 15, 1997 AGENDA TTEM: REQUEST FROM McDNOT'S SPORTS PUB AGENDA SECTION: &EATERY TO AMEND ON-SALE LIQUOR LICENSES NEW BUSINESS PREPARED BY: SUSAN WALSH AGENDA��.� � ASSISTANT TO CITY ADMINISTRATOR � ATTACHMENTS: LETTER APPR4VED BY: � Mr. Bill Schneider, owner of McDivot's, 14550 South Robert Trail, has requested that his on-sale into�cating liquor licenses be amended so that alcoholic beverages can be served on an existing patio located on the north side of the building. If this amendment is approved Mr. Schneider will install an ornamental black iron railing around the patio area and entrance into this area will be from the northeast door of the building. City building code requires the railing to be 42 inches in height and to have a panic gate as an emergency exit. Mr. Schneider has requested that he be allowed to serve alcoholic beverages on the patio until the 1:00 a.m. closing time. Since the senior apartment building and the condominium are adjacent to this property, city staffis concerned about noise problems and is recommending that alcoholic beverages not be served past 10:00 p.m. It is also staff's recommendation that no music or dancing be allowed on the patio. ' Staff recommends approval of the amendment to the e�usting liquor licenses with the following conditions with regards to the patio area: no alcoholic beverages past 10:00 p.m.; no dancing; no music; and final inspection by building official of the rod iron railing. ' RECOMMENDED ACTION: MOTION TO APPROVE TI-�AMENDMENT TO TI� ON SALE LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE FOR WII,KAT, INC. D.B.A. McDIVOT'S SPORTS PUB &EATERY WITH TI�FOLLOWING CONDITIONS: NO ALCOHOLIC BEVERAGES ON THE PATIO PAST 10 PM;NO MUSIC AND NO DANCING ON TI�PATIO AND FINAL APPROVAL BY THE BLTII,DING OFFICIAL OF TI-�ROD IRON INSTALLATION. ' COUNCIL ACTION: � -- ______ -_ - i 4D DQ �osemount �laza Gondominium ,�'�ssociation �I^ �D April 21, 1997 Mayor Cathy Busho City of Rosemount Rosemount City Hall 2875 - 145th St.W. Rosemount, MN 55068 Dear Mayor Busho: We wish to protest the anticipated patio installation bY� McDivot' s place of business on the following grounds. We represent 21 units and feel the noise of an outside patio - will disrupt many people living adjacent to this establish- ment. The fact that it was suggested theydon' t sell drinks after 10 :00 P.M. will not stop some patrons from pure�asi�ng several drinks before 10 :00 P.M. that will last them until midnight or after. As far as having patio patrons move to the inside at 10 :00 P.M. , who will police this move? Will it be the responsibility of the neighboring residents to continue calling the police when they are disturbed by this noise? We feel it should not be our responsibility. Furthermore, we now have. motorcycles parking in our private area in the afternoon and we are sure they will continue in the evening. Many times motorcycles drive through our walk area to get �from McDivot' s to the American Legion. Shifting � cycle parking from the anticipated patio area to our parking . area on the South side of the building :will only encourage more traffic and noise in our area. _ We have enough disturban6eon weekends when patrons of McDivot' s _ and the American Legion leave their businesses between 11:00 P.M. and 1:00 �.M. or after. We definitely oppose the outside patio proposal at McDivot' s tavern. Sincerely yours, BOA OF DI RS � � President Helen Ju inS ��-t��.._S�� Vice-President Robert Strese �� , Secretary Walter H. K ie 1; Jr. 14575 �urma ,�venue • �osemount, �innesota 55068 � " ; zz, i>y7 ,� %'�� G��':�� i��-��- �� 7s- - 1��-.� ��- � ' `�'��; o'�� S sv G� %�, : .'C�L ��CL-cr,� - �� ,�� !��✓ `�'A'—�.�'.�% /j''l�'r�.,� ' ,.,�'c�- �,� 'L�, L-%; � �; �yyy c� ,ry�c�``��, . ��.; �'��;.�-�-� � /G 1' . �--„�� ,��2��, ,�_..�_. ��{�r � : �^ l. , i'��fi �' �..�� ,sZP'��i� � ,�u�- ��- � _ `� , � ��' ��- /S�.�Tz�"� �t.��`= y��,,z�Z` � � � . �� `'� � �—,�� ;.�' - �f ��' � ''�`� c2�,,.�'� O�x- � ��-�'�� G�4� ��i�'�i--�� ' ,,Z``�-' ,�-.�' ��`-,� ��-� � �,; �' � �� .�c�C' ,� �' :.�`L`' �� `�� v� .�.�r�� .� �� . � � � ��4�� ,�. � � - � , ,. -�-� =� �:� ..�`� �'�� `rc �s;''L,��x�; �1�c�Q''� ,•Q� G� ' 'I �.G��:.�� j� �� `��`'�� I '"�' ' �,��z�%:K�' � l��Q ,�flf.L'�� . �J;��.��e;,. /1 � �� e��Z`' �x. ..�'C�22.� .�'�e-G. 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G��?� �� Ci�� l.i��"`':' �',,`':.',�;,,-`� -�,�' `' � � l �� L�t=�e�`.� -� ' ^-- i i�c�o�'� l�S �� (��.Z�.z� ��-z2 �"C� 1� c��' � � ��Zas-,� �.�.� �� o� ./;' � G� G��'�/ . �v � �� '�� -: � `�y�--`� 3�� '`,t'r ��« �, � � � .�� L -� ��L��-�.� � C�y � ---� ��,�, .�,�;L�� ` • ' ��`'�,y�i/�' _ ' f�� . ,,. .� 1..�/ `�� .f� 1 �� ' :.1,aw � c'-rv�a�� u o G� P �� C I TY O F RO S E M O u N T 2875 C145tHS�t eet West Rosemount,MN 5 5068-4997 Everything's Coming Up Rosemount!! Phone:61Z•423-4411 Hearing Impaired 423-6219 Fax:612•423-5203 Apri128, 1997 Dear Resident: ' At the May 6, 1997 city council meeting, the city council will consider a request from the owner II of McDivot's Pub &Eatery, 14550 South Robert Trail, to allow the service of alcoholic beverages on a patio located on the north side of the building. This matter was tabled from the April 15, 1997 city council meeting. Attached is a letter from the owner of McDivot's, Mr. Bill Schneider, and a letter from Mr. Craig Minea, owner and manager of the Rosemount Senior Building and the McDivot's building. Also attached for your information is my staff report reviewed by the city council at the April 15, 1997 meeting. Although I have received a copy of a letter dated Apri121, 1997 from the Rosemount Plaza Condominium Association, addressed to Mayor Busho, I thought it was important for you to received the enclosed mentioned letters, and to inform residents living adjacent to McDivot's about this matter. If you have any comments regarding McDivot's proposal, you can ca11 me at 322-2002 or send a letter to my attention, and I will forward your comments on to the city council. You can also attend the City Council meeting on May 6, 1997, and your comments can be heard by the City Council at that time. The City Council meeting starts at 7:30 p.m. If you have any questions, please feel free to contact me. Sincerely, Susan M. alsh Assistant to City Administrator Enclosure WilKat Inc. D.B.A. McDivot's Pub � Eatery 14550 South Robert Traii Rosemount, MN 55068 612/322-1333 April 23, 1997 Residents of Rosemount Plaza Senior Citizens 2900 W. 145th Street Rosemount, MN 55068 Dear Residents, We at McDivot's Pub & Eatery would like your participation and/or opinion on the#ransition process of a possible new patio. There wiil be a City Councii Meeting on May fi at 7:30 pm at the Rosemount City Hall, 2875 145th Street on this matter. We have been in our establishment for over a year now and feel we have improved the � atmosphere to accommodate the needs of Rosemount. By shifting our theme to sports, we have intentionally changed our clientele. We are pleased with the accomplishments of our effort and feel our establishment has become one of comfort and disciplined entertainment. We would like to list the °positives" of why we feel the next appropriate step in our continued improvements is to incorporate a patio for McDivot's and as a feature for the � Community of Rosemount. ' REASONS 1. The area desired for the patio is where the motorcycles parked in the past; without the opportunity to park, this will be some discouragement to the use of motorcycles and as a minimum, significant reduction in noise for those close by. 2. The patio area will alwavs be monitored, either by waitstaff or management to control and eliminate unruliness or undesirable behavior. 3. Food and beverages will be the served until 11:00 pm, Sunday through Thursday - Friday and Saturday until 12:00 am. There will be no music allowed in the patio area. 4. The entire area will be maintained for top cleanliness and artfully gardened. 5 The patio will be opened on an average of 30 days during the season considering a variety of weather conditions (rain, humidity, etc.). Page 2 We appreciate you taking the time to consider our pians and ask for your continued support as we take our next positive step in improving McDivot's and the Community of Rosemount. � Any questions or concems, please feel free to call Bill Schneider at 322-1333, we'd love to hear from you. Sincerely yours, �N� Bill and Kathy Schneider McDivot's Pub & Eatery J CRAIG J. MINEA • 611 QUINCE CIRCLE - BOULDER, CO. 80304-1030 TELEPHONE - (303)440-9497 - FA,`C- (303) 442-3491 Faxed - (612) 322-5587 April 21, 1997 Mr. William Schneider McDivot's Sports Pub & Eatery 14550 South Robert Trail Rosemount, MN. 55068 Dear Bi1L• I understand that the City of Rosemount recently tabled your request for an outdoor patio area at NlcDivot's Sports Pub & Eatery. They requested that you obtain input from the owners/managers of the adjacent Rosemount Senior's Building and the Rosemount Plaza Condiminuims. As the owner and managing agent for the Rosemount Senior's Building, I first wish to applaud you for upgrading the image and the clientele of the previous tenant, the Last Call Bar & Grill. We no longer get complaints of motorcycles speeding down the pedestrian plaza at 1 Ai�i. Things are definitely much quie#er now! I endorse your proposed patio with the following limitations: first, that there j be no rr�usic or speakers of any sort allowed on the building exterior; second that the hours of operation be limited to 11 PM on weekdays and midnight on weekends, or less, if food service ends prior to those hours, and third, that should the noise level of any patrons of the outdoor patio rise above a loud conversational tone that they be asked to move indoors. S' c �ely, o er l�Ian e Company Ro unt Plaz imi Partnership , � ; � ` / �',�----- � � ,/j,,��''----- ig NIi Preside Managing eral Partner cc: l�Iichael 0'Rourke ' April,._26. 1997 The Honorable Kathy Busho, 287� - 145th Street, Rosemount, Minnesota Dear Mayor Busho: Z ask that you do not grant a permit to Mr. Schneider (MeDivot' s Pub and Eatery) allowing outdoors eating and drinking. We in the Condo are putting up with too much disturb- � ance the way it is now. The yelling, cursing, horn i blowing, motor racing, urinating, dumping waste and �� bottles at any hour� the indecent activit3T in the I parking lot� plus using our benches on our private , property for their pleasure is not pleasant to witness. I I ask that you please do not grant this permit. ' Respeetfully, �� rl,�.�2�- h./ Nirs. Willard Iuieyer, 1457� Burma Aveenue #20� Rosemount, i�innesota ��f�� APR �" ci,; �: 2 9 �99� �-�.., ��'�i�: Apri128, 1997 � � �� I am writing in regards to McDivitt's applying for a license to sell liquor and food outside. I am very concerned about this issue. I am very much against it due to the loud noise it will generate downtown. There are two senior building complex's that will suffer and several residential homes. These people should be allowed to open their windows at night but if this gces through nobody will get any sleep. I live on the ', west side of the building at Rosemount Plaza. Even in the winter time with my windows closed, ', I can still hear the music beating of the D.J. until after mid-night. Why should I have to keep my '� windows closed in the summer? We need to have the fresh air. I know how loud the drunks can get after they have had a few drinks. I know because I was a bartender years ago. The more they drink, the louder they get. This will also create a greater risk of under aged drinkers getting into this establishment. A great � deal of security will be needed. Does Rosemount have that many extra police officer's to watch � over this? Please, Please do not let this happen. Take into consideration the many people that live in the complex's close to McDivitt's, the other homes nearby and the extra security the City of Rosemount will need. Sincerely, � 't�e�J ��.rZ�v��L%��v � � Clarice Aileen Anderson , " PLEA5E SIGN BEL�W IF YOU AGREE ��ITH THE FOLLOWING _ _ _ _ � April 28, 199? I strongly object to the City granting a permit to McDivet' s Pub and Eatery to allow outdoor eating and drinking. The noise and objectionable disturbance coming from there is intolerable. Their customers use all our parking spaces freely and even our benches. Most of us Condo owners were here before McDe�et' s settled in and all these objections lower our property value. Being surrounded by three Pubs does nat add to our property value either. T. Meyer ,, --�, .--: � �.�.-� I 4� , �r�,�''.�r 7 u 1,P-��<f�.� , ��C�� li /' /t.� � �I I i/�' :l . v' .� , (I y�� ti f r - /� J � i r 1'r(.r✓�_ ' 7 � . �W�i'{wt�V� '' ' �,) /' ( / �� V/��\ . . /�- �f /'4'i � �/ /�✓1.C�ri/�'�� `/ - 4 �=�k,-..,�'�-� �a.�i,� �.�,�.�: � � �i : ^ � i ; % , / .j J � 7`, ��:,'R/f-C.:L-c�..r ,v.,fiiy1�., ,� (`i��,�.y <�;�\x ;�a;��- �.? `�� .�!�C � �%v � ' + V L F � � ,v�.".�" ; J (� l� '' � 1� �%-�s /lE` , � ,. , � Lc/ • .1 o O / '� �� h h .1 ��' —T v'� �-==—�- � �} � � ��G � ' � �