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03-326Council File # p'3 .•31G RESOLUTION SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 200573 Committee Date WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20030000245) for Gas Station, Malt Off Sale, Retail Food Establishment-Grocery (3,000 to 6,000 squaze feet), Restaurant (A), and Cigarette/Tobacco Licenses by A& S Holdings, Inc., dba Marathon Food and Gas, 626 Larpenteur Avenue West, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Na s Absent Benanav �/ Blakey � Bostrom Coleman Harris � Lantry � Reiter � O O Adopted by Council: Date F-� � � �� O'� Adoprion By: Approved By: �� Reguested by Depazhnent o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council �� _Z 2� DEPARTMENT/OFFICNCOUNCIL - DATEIN1TwTED � � � c�t Council Offices r�r�h 2�, zoo3 GREEN SHEET No 200573 CAMACT PFRSIXi & PFIONE InMIa11Dri InMlwDae Marcia Moermond, 266-8560 nv.m�rarrs,u. arvcouca MUSi BE ON COUNCIL AGHJDA BY (DAT� I�SS�GM NUY892FOR dIVATlORlEY NYCIFNK ' RWfING �� n1�tlrJfLSErtMCUOR n1111lJLLaFRYIAttTo ❑ WYORI�Y96i111rt) ❑ TOTAL � OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTFD Approving application for Gas Station, Malt Off Sale, Retail Food Establishment-Grocery • (3,000 to 6,000 square feet), Restaurant (A), and Cigarette Tobacco Licenses by A& S Holdings, Inc., dba Marathon Food and Gas, 626 Larpenteur Avenue West. RECAMMENDATION Approve (A) or RejeM (R) VERSONALSERVICE CONIRACiS MUST ANSWE2TXF FOLLOWING QUESTiONS: t. Hes this persoNfirm ever wwked uiWer a contract iwthis depaRmeM? PLANNINGCOMMISSION VES NO CIB COMMITTEE 2. Has ihis peisonr�irm ever been a cdy empbyee7 CIVIL SERVICE COMMISSION vES No 3. Dces this persoNfirm possess a sldl� not namalypossesaed by airy curreM city employee? YES NO 4. Is this P��rm a tarpete0 ventloYl YES NO F�plain all yes answe�s on separate sheet anC attach te preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Who, Whaf, When, Where, Why) ADVAN7AGESIFAPPROVED ,. ��e ,�"�4�a��v� �v�:�i�s � fi i� 4" � iA37S� DISADVANTAGES IF APPROVED DISADVAMAGES IF NOT APPROVED ' TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (dRCLE ON� YES NO FUNDING SOURCE ACTIVITY NUMBER FlNPNCWL INFORMATION (IXPWN) o�.3a� City of Saint Paul City Council Research Center Room 310 City Hail Saint Paul, MN 55102 651-266-8570 INTER-DEPARTMENTAL MEMORANDUM DATE: March 25, 2003 TO: Councilmembers � FROM: Marcia Moermond, Legislative Hearing Officer �Q/°" RE: Heazing Officer Report: 626 Larpenteur Avenue West, A& S Holdings, Inc., dba Marathon Food and Gas, Zahid Budhabhoy, Corporate Officer Zahid Budhabhoy, A& S Holdings, Inc., dba Marathon Food and Gas, has applied for the following business licenses: Gas Station, Malt Off Sale, Retail Food Establishment - Grocery 3,001-6,000 square feet, Restaurant (A), and CigarettelTobacco Licenses. The Malt Off Sale license is Class N, and neighbors were notified. We received one letter of objection from Mr. Norman E. Spooner and Mrs. Dorothy M. Spooner of 1639 North Da1e Street. Their concerns relate to the sale of beer at this location and the consequent potential deterioration in the quality of life in the neighborhood. They note there is an MGM Liquor Warehouse one mile to the west at Lexington, and Laber's Liquor Store one mile east on Rice Street. Therefore, they dispute the need for sales at this location. They are also concerned about increased traffic that may result. Finally, they think these sales are likely to lead to an increase in parking needed for the business. Mr. and Mrs. Spooner indicated in their letter that they are elderly and it would be difficult for them to come to a hearing. License, Inspections, and Environmental Protection (LIEP) has recommended no conditions for the licenses. Notably, a similar business has operated at this location for many years, and this application represents a change in ownership. Given that a similar business has been in operation at this siYe for years, I do not think the addition of beer sales will produce a noticeable impact on traffic ar pazking. The business also meets parking requirements established in the zoning code. The Spooners' concerns over the deterioration in the neighborhood's quality of life must be balanced against the right of the applicant to operate his business. I had no information beyond traffic and parking concerns articulating quality of life concerns. Therefore, I would recommend the Council grant the licences without conditions. � Racquel Naylor - 20030000245a.wpd " Page 1� � OFFICE OF LICENSE, INSPEC7IONS AND ENVQtOM�[ENTAL PROTECTION Chnstine A. Rose$ fnterlm Direclar CITY OF SAINT PAUL Randy C. Ke/ly, Mayor February 6, 2003 LOWRYPROFESSlONALBUILD[NG Te[ephoner 657-266-9090 350 St PeterSlreel, Suire 300 Facsimile' 651-?66-91?4 SaintPaul,MmnesolaJJ10?-ISIO Web: www.cisfpwlmns.�fiep Zahid Budhabhoy, Corporate Officer A& S Holdings Inc dba Mazathon Food And Gas 626 Larpenteur Ave W St Paul MN 55113 RE: Application for A& S Holdings Inc dba Mazathon Food And Gas, ID#20030000245, at 626 Larpenteur Avenue West / Gas Station, Malt Off Sale, Retail Food Establishment - Grocery (3,001- 6,000 sq Ft), Restaurant (A), and Cigarette/Tobacco Liceuse Deaz Applicant, A review of the investigations which has been made in connec[ion with your license application have been completed. Proper notification has been sent to the community organization and residents of the neighborhood in which you intend to operate giving them until Fridav. March 14, 2003 to voice any objections to your license application. If no objections are received, your license will be issued approximately one week past the date given above. If objections are received, a hearing will be scheduled before a legislative hearing officer. You will receive notice of the time, place and date of the scheduled hearing from Marcia Moermond, the Legislative Hearing Officer. At that heazing, the hearing officer will take testimony from all interested persons and will make a recommendation to the City Council as to whether the license(s) should be approved or be referred to an administrative law judge for further review. The CiTy Council will have the final authority to grant or deny this license application. Note: Piease submit a copy of your articles of incorporafion and sign and retum the attached liquor IiabiliTy waiver af£davit. Also enclosed is an invoice for $100.00. A City of Saint Paul addressed envelope is enclosed for your convenience. (These documents and payments are required prior to the issuance of your license. Our office should receive these items before Thursday, March 13, 2003.) If you have any questions, please contact me at (651) 266-9108. Sincerely, AA-ADA-EEO Employer � e _....,. Racquel Naylor - 20030000245a.wpd � Page 2; A�t �")7i Christine A. Rozek LIEP Interim Director CAR/caa � Racguel Naylor 23-0245N � � � � _. . . _. �- � Page 1 � o� -3�G t OFFICE OF LICINSE, INSPECITONS AND ENVIILONMII�TAL PR07ECTION Christine A. Roze$ lntenm Direcmr CITY �F SE��TT PE�UI. LOWRYPROFESSIONALBU/LDING TelepGone' 65l-266-9090 Randy C Kelly, Mayor 350 St PeterStmel, Suite 300 Facsimile. 651-?G6-91?J SainlPaul,Mmneso(oJilO?-/510 Web: wwwccslpouLnnau.�4ep Deaz Resident and/or Neighborhood Organization: The Office of License, Inspections and Environmental Protection (LIEP) has received a business license application which requires neighborhood notification. You aze being notified because this application involves a business in your area. Details regarding this business is given on the reverse side of this letter. You will have 45 days for a liquar related license or 30 days for most other licenses, from the date this notice was mailed , to express any objecrions. The response deadline is given on the reverse side of this document. If you have any objections to the issuance of the license described on the reverse side, please send your objection(s) in writing to: Marcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections are received, a heazing will be scheduled before a legislative hearing officer. If you have sent in an objection, you will receive notice of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this hearing the Legislative Heazing Officer will make a recommendation to the City Council as to whether the license should be approved with conditions, or referred to an administrative law judge for further review. The City Council will have the final authority to grant or deny this license. If you have any questions regarding the license application, please contact Corinne Asuncion, LIEP Project Facilitator at (651) 266-9106 or me at (651) 266-9108. Sincerely, Christine A. Rozek LIEP Interim Director AA-ADA-EEO Employer � Racquel Naylor - 2 3-0245N Page 2 1 .� CAR/caa LICENSE APPLICATION NOTIFICATION License Number: 20030000245 Purpose: Application for Gas Station, Malt Off Sale, Retail Food Establishment - Grocery 3,001-6,000 sq. ft., Restaurant (A), and Cigarette/Tobacco License License At: 626 Larpenteur Avenue West Applicant: A& S Holdings Inc dba Marathon Food And Gas, Zahid Budhabhoy (Corporate Officer, 651-4883316) 'lb'� S�e�— C6�bv � ti-C� o,�.�.,.c_1k�.; � Respanse Date: March 14, 2003 at 4:30 PM (Friday) If you have any objections to the issuance of this (these) license(s), you must respond in writing by Friday, Mazch 14, 2003 to: Marcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If you ha�e any questions, please contact Corinne Asuncion, LIEP Project Facilitator at 651-266-9106 or Christine A. Rozek, LIEP Interim Director, 651-266-9108. Norice Mailed: 02/06/2003 � AA-ADA-EEO Employer