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03-920Council File # �3' �� Green Sheet # 3005996 CITY Presented Referred To Committee Date WIIEREAS, the Legislative Hearing Officer recommends that license application (ID # 20030003469) for a Gas Station License by James Povolny, Sr., President, 4DJ GStore, Inc., DBA Holiday Stationstore, 281 Snelling Avenue North, be approved with the following condition: Licensee agrees to pick up litter on a daily or as needed basis on their property; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the recommended condition. Yeas Nays Absent Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry � R '..�.. ?..r- �/ / Adopted by Council: Date /d /.S /� Adoption Certified by Council Secretary � Approved � RESOLUTION NT PAUL, MINNESOTA 7 Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet 03 - 920 Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenUoffice/COUncil: Date Initiated: co -�ow�,� 30SEP-03 Green Sheet NO: 3005996 CoMact Pe�son 8 Pfione: Deoartrnent Sent To Person Initial/Date Marcia Moertnond � 0 ouncil 266-8560 p��yn 1 Must Be on Council Agenda by (Date): Number Z For Routing 3 Order 4 5 Totai # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Approving application wiffi a,condition, per the I,egislarive Hearing Officer, for a Gas Starion License by James Povolny, President, 4DJ GStore Inc., dba Holiday Stationstore, 281 Snelling Avenue North. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �, Has this person/firtn ever worked under a contract for this department? CIB Committee � Yes No " � � Civil Service Commission 2. Has this person/flrm ever been a city employee? Yes No , 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes Na ' � Explain all yes answers on separete sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: � Disadvantapes If Approved: - Disadvantages If Not Approved: Total Amount of Cost/Revenue Budgeted: Transaction: Funding Source: Activity Number: Financiallnformation: � � (F�cplain) C�3 �(Zd �'-�e.M1 MINUTES OF THE LEGISLATIVE HEARING HOLIDAY STATTONSTORE - 281 Sneiling Avenue North Monday, September 29, 2003 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 3:41 p.m. STAFF PRESENT: Tom Beach, Office of LIEP (License, Inspections, Environmental Protection); Kristine Schweinler, LIEP James Povolny, President, and Debra Povolny, his wife, appeared. Marcia Moermond reported that this is a license application for a gas station. She asked were there other licenses with this. Ms. Schweinler responded cigarette/tobacco, retail food, restaurant, and gas station licenses. Only the gas station is in contenrion. The cigarette, restaurant, and retail food should all be on one license, and the owner should have those already. Ms. Moermond responded that normally she would see all the licenses clustered on the license application notification. Ms. Moermond stated two letters were received: 1) Travis Snider, Board President, Snelling Hamline Community Council, 1573 Selby Avenue, Suite #311; 2) Doni Hamann, 1625 Carroll Avenue. The Sneiling Hamline Community Council reviewed the license application and their concerns were that the business not be open past 11:00 p.m., they did not want any alcohol sales, they wanted the owner to take responsibility for cleaning up trash in the neighborhood, they were concerned about light pollution because of the high level of lighring required for this kind of use, and they would like the owner to work with the neighbor on traffic uses. There are screening techniques for these types of lights, said Ms. Moermond. Ms. Moermond stated Ms. Hamann is concerned about increased traffic and the flow of traffic in the neighborhood; she had some ideas for things that might work. She mentioned the 24 hour-a- day operation, which she thinks might be an added crime concern. She also brought up some side issues, such as potenrial parking problems in the neighborhood. Some of the issues that came up in the Hamann letter need to be substantiated as to whether these are currently problems and if these are problems thai aze experienced with other land uses. Ms. Moermond asked were there suggested conditions that have been talked about with the owner, Ms. Schweinler responded there have been in the past conditions placed on similar operations such as operating hours, trash cleanup, eta Those aze things that are usually accepted by the licensee and easily enforced. Tom Beach reported that in his letter to approve Yhe site plan, lighting looked acceptable under the canopy as long as it did not exceed the level shown on the plan that was faxed to him on June 18, 2003. There is a typical m�imum that he asks people not to exceed. There azen't any houses immediately adjacent. As faz as the traffic, Ms. Hamann suggested posting a right turn only sign after people exit the caz wash. Cars coming out of the caz wash have the option of o HOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 2 taking a right tum to Sneliing or a left turn to Carroll. Someumes Snelling can get backed up. There is no signal on Carroll or Igiehart. Public Works has no interest in putting a signai there. Their concern is to make sure that tr�c on Snelling can move as smoothly as possible. As faz as a right riun only coming out of the caz wash onto Carroll, Public Works was not excited about that. They like to give people choices. Mr. Povolny responded that it would also preclude neighbors from taking a left turn legally. Mr. Beach did some checking to find out how many cazs. He checked with Mr. Povolny and with someone from Holiday. They aze talking on the average about 100 cars a day associated with the caz wash. If you figure most people want to go to Snelling, the ones heading south can make a right hun onto Snelling. It is the easiest way. ff tltey want to go north on Snelling, some people who are familiar with the azea might cut through the neighborhood. If half the people went north on Snelling, he figured it would be about 25 cars a day. Another option is to force them to go to Carroll. They might have to sit there for a while. The last thing Ms. Hamann mentioned was restrictive pazking, stated Mr. Beach. He talked to Duane Jagiello, who is in charge of permit parking in Pubiic Works, and he said there is already a permit pazking azea out there, and this could be tagged onto that. They just need the required number of signatures. Ms. Moermond stated she would like to separate the permit parking issue from this license application. Ms. Moermond has talked to the Wazd 4 office. Permit pazking has its own process. Also, Ms. Hamann did not connect in her letter how this gas station-convenience store-caz wash would impact the parking in the area. Ms. Moermond summarized: Ms. Hamann has an idea about traffic light installa6on at Carroll and Snelling, but Public Works is not interested in doing that. As for the right-turn-only sign exiting the alley onto Iglehart, Public Works is recommending against thax. Mr. Beach responded he is recommending against it also. It has pluses and minuses. Overall, the traffic will be worse with a right-turn-only sign in the alley. Regazding the 100 cazs, Ms. Moermond stated that when she goes to the caz wash, she gets gas and goes through the caz wash. On that day she would be counted as a caz wash trip, but she would have gone there anyway to get gas. She asked is that really 100 additional cazs. Mr. Beach responded the traffic situation is sepazated from people getting gas. People getting gas will come in or come out on Iglehart or Snelling. The way the caz wash is set up, they are diverted around #he back of the convenience s#ore and wind up going out to Carroll. So, it is 100 trips a day tt�rough the alley that would not be there if the caz wash was not there. Ms. Moermond will assume the alley usage has agreements with other owners of the a11ey. Mr. Beach responded it is industrial and commercial. There was no agreement. That is not an issue. C73-�1 ?A HOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 3 Ms. Moermond asked about the proposed hours. Mr. Povolny responded 5:00 or 6:00 a.m. until midnight. There may be an option of being a 24 hour store. Right now, that is not part of the business plan. They would be opposed to the Snelling Hamline CommuniTy CounciPs recommendation because they would like to have that as an additional oppommity for the busaness plan. Across the street, Citgo is operating on a 24 hour basis. Ms. Moermond asked about alcohol sales. Mrs. Povolny responded they do not have any alcohol. Mr. Povolny added that Mrs. Povolny, her brother, and his wife aze the co-owners. Collecfively, the family posi6on is no alcohol. One block away is O'Gazas, which has frequent activity for such types and is right on the comer of where the Sneliing Hamline Community Council houses themselves. It is ironic that the Snelling-Hamline Community Council would even bring it up. The alcohol Holiday would be able to sell is 3.2. Ms. Schweinler added that was probably the concern: the 3.2 is more of a retail outlet for minors. Ms. Moermond stated the district council is proposing an agreement to not seek a license in the future. She asked is that normally a position the City would pursue. Ms. Schweinler responded that the applicant could sell the store in ten yeazs and another applicant could come in. Each applicarion has to be reviewed individually. This condition can be placed on the license, but it cannot be enforced. They cannot tell someone that they cannot make application for a legal license. Ms. Moermond stated any application to sell alcohol would require neighborhood notificarion. Ms. Schweinler stated that is correct. People would be notified ali over again; therefore, a guarantee from the Povolnys that they woutd not seek a license to seil alcohol would not be a condition that LIEP would recommend. Ms. Moermond asked aze there any light pollution issues from his perspective. Mr. Beach responded no. Ms. Moermond stated another issue in Ms. Hamann's letter is added crime. Ms. Moermond asked was this previously a gas station. Mr. Povolny responded it used to be a off brand gas station called Premium USA. They had the same hours of operation that he plans on having. The position of the old location and its decor was probably more conducive to the concerns here than the upgraded Holiday location. He has added an element tha# creates less of an opportunity for crime ridden people to want to hang azound or to frequent ttus location. His site is going to be the nicest Holiday in all of their inventory. Mrs. Povolny added that Holiday has over 300 stores. Mr. Povolny stated they have spent a lot of money on the upgrade. Their challenge when they redeveloped the site, was that this is the gateway off the interstate into the Hamline-Macalester- Groveland azea. They wanted to make a statement. They do not believe their site will induce crime situations. 03-�� HOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 4 Ms. Moermond stated she called to find out the record of police calls to this address, which is a matter of public information. There is a small number of calls here. Most of the cails had to do with alarm issues. There were only one or two burglaries. It has a remarkably low crime level. She also asked them to look at the intersect of Snelling and Iglehart, and almost all of it was traffic related. It is really a safe azea. She is not an expert of gas station security, but there are issues on Lexington. She would suggest being watchful and contact the Western Disirict Commander Harrington if issues come up because things can get bad quickly. That is a great location, it has good history, and the designing can only enl�ance the safety of the site, but Lexington is not faz away and not that different from an azea where there have been problems. Mr. Povolny stated he Yalked to some police officers on Sunday and they talked about the same thing. They brought up the SuperAmerica on Lexington and all the issues relating to that. Security is a big issue for Mr. Povolny. They have one of the better systems; they have 37 cameras, which aze all color. The police department likes color with the high definition resolution as opposed to black and white. Outside of posring an off duty patrol office on site, they aze taking all the necessary precautions. Ms. Moermond stated she does not have any other concerns that have not been addressed. There seems to be one item on the district council list that they are agreeing to, which is to clean up trash in the neighborhood With respect to hours, that would not be a condition they would agree to. Regarding the sell of alcohol, she asked is that something they would be amenable to a condition on. Ms. Schweinler responded that is not something LIEP can enforce. Mr. Povolny responded his position today is that they will not be seeking that kind of license. Ms. Moermond stated the only sticking point is the tum sign coming out of the alley. The tr�c light investment is huge, and there is no information that there would be any added benefit. Mr. Beach stated that typically people go to gas stations that are on the side of the street they are driving on. Most people going into the station wiil be going south on Snelling. If they go to the car wash, they will probably continue south on Snelling. There probably will not be a lot of people that pull out of the car wash and want to go north. Ms. Moermond responded that is an important note; the vast majoiity of gas station stops aze same direction. Mr. Povolny stated this is a unique location. It has expanded itself beyond the normal prototype logic. There is so much traffic heading into the southbound direction that they look at the northbound traffic as a different book of business. The only people they anticipated heading west on Carroll are people that aze in the nei�borhood. They anticipate that everyone will take a right going back to Snelling and continuing in the same direction. Ms. Moermond stated Ms. Hamann also sent an e-mail. Ms. Moermond read the following: "Also has anyone looked at the front of the building? Aren't there restrictions on how close it can be to the curb just for safety reasons? It appeazs to be close to the street on the north end that it would be almost impossible for someone in a wheelchair to get by or are they intending on not o�� HOLIDAY STATTONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 5 having pedestrian traffic on that side of Snelling?" Mr. Beach responded that it is an existing building, they cannot go beyond the properiy line, and there is a public sidewalk there. Ms. Moermond asked is there an existing vaziance for the footprint of the building if one was necessary and has this been grandfathered in. In this area, responded Mr. Beach, someone could teaz down this building and put up a new building with the same footprint because the zoning would allow it. Ms. Moermond stated then there is only one condition, which has to do with trash. Any efForts made in that area would be useful. LIEP staff wili draft that condition and put it on the license. Tlus issue will be forwarded to the City Council with her recommendation to grant the license with one condition. The City Council handles these on the Consent Agenda, meaning they do not typically discuss them. The choice the City Council has is they can grant the license without conditions, they can grant the license with conditions which have been agreed upon by the applicant, or they can refer this matter to an Administe�ative Law 3udge, which is an involved process that can take 90 days. If the City Council discusses this, they will not take testimony; it will be an item they will discuss among themselves. Ms. Moermond recommends that the City Council approve the license application for a Gas Station License by James Povolny, Sr., President, 4DJ C-Store, Inc., DBA Holiday Stationstore, 281 Snelling Avenue North, with the following condition: Licensee agrees to pick up litter on a daily or as needed basis in the immediate vicinity. The heazing was adjourned at 4:13 p.m. rrn �� � t'-'re,M MINUTES OF THE LEGISLATIVE HEARING HOLIDAY STATIONSTORE - 281 Snelling Avenue North Monday, September 29, 2003 Room 330 Courthouse Marcia Moermond, Legislafive Hearing Officer The hearing was called to order at 3:41 p.m. STAFF PRESENT: Tom Beach, Office of LiEP (License, Inspections, Environmental Protection); Kristine Schweinler, LIEP James Povolny, President, and Debra Povolny, his wife, appeued. Marcia Moermond reported that this is a license application for a gas station. She asked were there other licenses with this. Ms. Schweinler responded cigaretteitobaccq retail food, restaurant, and gas station licenses. Only the gas station is in contention. The cigarette, restaurant, and retail food should all be on one license, and the owner should have those already. Ms. Moermond responded that normally she would see all the licenses clustered on the license application notification. Ms. Moermond stated two letters were received: 1) Trauis Snider, Board President, Snelling Hamline Community Council, 1573 Selby Avenue, Suite #311; 2) Doni Hamann, 1625 Carroll Avenue. The Snelling Hamline Community Council reviewed the license application and their concerns were that the business not be open past 11:00 pm., they did not want any alcohol sales, they wanted the owner to take responsibility for cleaning up trash in the neighborhood, they were concerned about light pollution because of the high level of lighting required for this kind of use, and they would like the owner to work with the neighbor on traffic uses. There are screening techniques for these types of lights, said Ms. Moermond. Ms. Moermond stated Ms. Hamann is concerned about increased tr�c and the flow of traffic in the neighborhood; she had some ideas for things that might work. She mentioned the 24 hour-a- day operation, which she thinks might be an added crime concern. She also brought up some side issues, such as potential parking problems in the neighborhood. Some of the issues that came up in the Hamann letter need to be substantiated as to whether these aze currendy problems and if these are problems that are experienced with other land uses. Ms. Moermond asked were there suggested conditions that have been talked about with the owner. Ms. Schweinler responded there haue been in the past condations placed on similar operations such as operating hours, trash cleanup, etc. Those are things that aze usually accepted by the licensee and easily enforced. Tom Beach reported that in his letter to approve the site plan, lighting looked acceptable under the canopy as long as it did not exceed the level shown on the plan that was f�ed to him on June 18, 2603. There is a typical maximum that he asks people not to exceed. There aren't any houses immediately adjacent. As faz as the traffic, Ms. Hamann suggested posting a right turn only sign after people exit the car wash. Cazs coming out of the car wash have the option of o�-�z.o HOLIDAY STATIONSTORE - LEGISLATIVE HEAR.iNG - SEPTEMBER 29, 2003 Page 2 takiug a right turn to Snelling or a left rixru to Carroll. Sometimes Snelling can get backed up. There is no signal on Carroll or Iglehart. Public Works has no interest in putting a signal there. Their concern is to make sure that traffic on Snelling can move as smoothly as possible. As far as a right turn only coming out of the caz wash onto Carroll, Public Works was not excited about that. They like to give people choices. Mr. Povolny responded that it would also preclude neighbors from taking a left turn legally. Mr. Beach did some checking to find out how many cazs. He checked with Mr. Povolny and with someone from Holiday. They aze talking on the average about 100 cars a day associated with the car wash. If you figure most people want to go to Snelling, the ones heading south can make a right turn onto Snelling. It is the easiest way. If they want to go north on Snelling, some people who are familiaz with the area might cut through the neighborhood. If half the people went north on Snelling, he figured it would be about 25 cars a day. Another option is to force them to go to Carroll. They might have to sit there for a while. The last thing Ms. Hamann mentioned was restrictive parking, stated Mr. Beach. He talked to Duane Jagiello, who is in charge of permit parking in Public Warks, and he said there is already a permit parking area out there, and this could be tagged onto that. They just need the required number of signatures. Ms. Moermond stated she would like to sepazate the perxnit parking issue from this license application. Ms. Moerxnond has talked to the Ward 4 office. Permit parking has its own process. Also, Ms. Hamann did not connect in her letter how this gas station-convenience store-car wash would impact the parking in the area. Ms. Moermond suuunarized: Ms. Hamann has an idea about traffic light installation at Carroll and Snelling, but Public Works is not interested in doing that. As for the right-turn-only sign exiting the alley onto Iglehart, Public Warks is recommending against that. Mr. Beach responded he is recommending against it a1so. It has pluses and minuses. Overall, the traffic will be worse with a right-turn-only sign in the alley. Regarding the 100 cazs, Ms. Moermond stated that when she goes to the car wash, she gets gas and goes through the car wash. On that day she would be counted as a car wash trip, but she would have gone there anyway to get gas. She asked is that really 100 additional cars. Mr. Beach responded the traffic situation is separated from people getting gas. People getting gas will come in or come out on Iglehart or Snelling. The way the car wash is set up, they are diverted around the back of the convenience store and wind up going out to Carroll. So, it is 100 trips a day through the alley that would not be there if the car wash was not there. Ms. Moermond will assume the alley usage has agreements with other owners of the alley. Mr. Beach responded it is industrial and commercial. There was no agreement. That is not an issue. d3-C1 � HOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 3 Ms. Moermond asked about the proposed hours. Mr. Povolny responded 5:00 or 6:00 am. unril midnig�t. There may be an option of being a 24 hour stare. Right now, that is not part of the business plan. They would be opposed to the Snelling Hamline Community CounciPs recommendation because they would like to have that as an additional opportunity for the business plan. Across the street, Citgo is operating on a 24 hour basis. Ms. Moermond asked about alcohol sales. Mrs. Povolny responded they do not have any alcohol. Mr. Povolny added that Mrs. Povolny, her brother, and his wife are the co-owners. Collectively, the family position is no alcohol. One block away is O'Garas, which has frequent activity for such types and is right on the corner of where the Snelling Hamline Community Council houses themselves. It is ironic that the Snelling-Hamline Community Council would even bring it up. The alcohol Holiday would be able to sell is 3.2. Ms. Schweinler added that was probably the concern: the 3.2 is more of a retail ouflet for minors. Ms. Moermond stated the district council is proposing an agreement to not seek a license in the future. She asked is that normally a position the City would pursue. Ms. Schweinler responded that the applicant could sell the store in ten years and another applicant could come in. Each application has to be reviewed individually. This condition can be placed on the license, but it cannot be enforced. They cannot tell someone that they cannot make application for a legal license. Ms. Moermond stated any appiication to sell alcohol would require neighborhood notification. Ms. Schweinler stated that is correct. People would be notified all over again; therefore, a guarantee from the Povolnys that they would not seek a license to sell alcohol would not be a condition that LIEP would recommend. Ms. Moermond asked are there any light pollution issues from his perspective. Mr. Beach responded no. Ms. Moermond stated another issue in Ms. Hamann's letter is added crime. Ms. Moermond asked was this previously a gas station. Mr. Povolny responded it used to be a off brand gas station called Premium USA. They had the same hours of operation that he plans on having. The position of the old location and its decor was probably more conducive to the concerns here than the upgraded Holiday location. He has added an element that creates less of an opportunity for crime ridden people to want to hang around or to frequent this location. His site is going to be the nicest Holiday in all of their inventory. Mrs. Povolny added that Holiday has over 300 stores. Mr. Povolny stated they have spent a lot of money on the upgrade. Their challenge when they redeveloped the site, was that this is the gateway off the interstate into the Hamline-Macalester- Groveland area. They wanted to make a statement. They do not believe their site will induce crime situations. 03-�� AOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPT`EMBER 29, 2003 Page 4 Ms. Moermond stated she called to fmd out the record of police calls to this address, which is a matter of public information. There is a sma11 number of calls here. Most of the ca11s had to do with alann issues. There were only one or two burglaries. It has a remazkably low crime level. She also asked them to look at the intersect of Snelling and Iglehart, and almost all of it was traffic related. It is really a safe azea. She is not an expert of gas station security, but there are issues on Lexington. She would suggest bemg watchful and contact the Westem District Commander Harrington if issues come up because things can get bad quickly. That is a great location, it has good lustory, and the designing can only enhance the safety of the site, but Lexington is not faz away and not that different from an azea where there have been problems. Mr. Povolny stated he talked to some police officers on Sunday and they talked about the same thing. They brought up the SuperAmerica on Lexington and all the issues relating to that. Security is a big issue for Mr. Povolny. They have one of the better systems; they have 37 cameras, which are all color. The police department likes color with the high definition resolution as opposed to black and white. Outside of posting an off duty patrol office on site, they are taking all the necessary precautions. Ms. Moerxnond stated she does not haue any other concerns that have not been addressed. There seems to be one item on the district council list that they are agreeing to, which is to clean up trash in the neighborhood. With respect to hours, that would not be a condition they would agree to. Regarding the sell of alcohol, she asked is that something they would be amenable to a condition on. Ms. Schweinler responded that is not something LIEP can enforce. Mr. Povolny responded his position today is that they wili not be seeking that kind of license. Ms. Moermond stated the only sticking point is the turn sign coming out of the alley. The traffic light investment is huge, and there is no information that there would be any added benefit. Mr. Beach stated that typically people go to gas stations that are on the side of the street they are driving on. Most people going into the station will be going south on Snelling. If they go to the car wash, they will probably continue south on Snelling. There probably will not be a lot of people that pull out of the car wash and want to go north. Ms. Moermond responded that is an important note; the vast majority of gas staSion stops are same direction. Mr. Povolny stated this is a unique location. It has expanded itself beyond the normal prototype logic. There is so much traffic heading into the southbound direction that they look at the northbound traffic as a different book of business. The only people they anticipated heading west on Carroll are people that are in the neighborhood. They anticipate that everyone will take a right going back to Snelling and continuing in the same direction. Ms. Moermond stated Ms. Hamann also sent an e-mail. Ms. Moermond read the following: "Also has anyone looked at the front of the building? Aren't there restrictions on how close it can be to the curb just for safety reasons? It appears to be close to the street on the north end that it would be almost impossible for someone in a wheelchair to get by or are they intending on not o�� HOLIDAY STATIONSTORE - LEGISLATIVE HEARING - SEPTEMBER 29, 2003 Page 5 having pedestrian traffic on that side of Snelling?" Mr. Beach responded that it is an existing building, they cannot go beyond the property line, and there is a public sidewalk there. Ms. Moermond asked is there an existing variance for the footprint of the build'mg if one was necessary and has this been grandfathered in. In this area, responded Mr. Beach, someone could tear down this building and put up a new building with the same footprint because the zoning would allow it. Ms. Moermond stated then there is only one condition, which has to do with trash. Any efforts made in that area would be useful. LIEP staff will draft that condition and put it on the license. This issue will be forwazded to the City Council with her recominendation to grant the license with one condition. The City Council handles these on the Consent Agenda, meaning they do not typically discuss them. The choice the City Council has is they can grant the license without conditions, they can grant the license with conditions which have been agreed upon by the applicant, or they can refer this matter to an Administrative Law Judge, which is an involved process that can take 90 days. If the City Council discusses this, they will not take testimony; it will be an item they will discuss among themselves. Ms. Moermond recommends that the City Council approve the license application for a Gas Station License by James Povolny, Sr., President, 4DJ C-Store, Inc., DBA Holiday Stationstore, 281 Snelling Avenue North, with the following condition: Licensee agrees to pick up litter on a daily or as needed basis in the immediate vicinity. The hearing was adjourned at 4:13 p.m. rrxt