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04-437Council File # �'�� Green Sheet # 3015355 Presented b; Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Committee Date WHEREAS, the Legislative Hearing Officer recommends that the license application (ID # 20030004980) for Gas Station, Retail Food (B) Crrocery, and Cigazette/Tobacco Licenses by W& S Amoco of Shoreview, Inc., DBA Maryland BP, 1200 White Bear Avenue North, be approved with the following condirions: 1. No late night deliveries between the hours of 11:00 p.m. and 6:00 a.m. 2. Security cameras must be functional. 3. Maintain the fence on east and south side of the property adjoining the residential property. 4. Maintain landscaping. 5. All customer and employee vehicles (one space shall be designated and mazked for Handicap pazking) must be parked in the area designated on the approved site plan, on file with LIEP. 6. All vehicles pazked outdoors must appeaz to be completely assembled with no major body parts missing. 7. Vehicle salvage is not pernritted. 8. Vehicle parts, tires, oil or similaz items will not be stored outdoors. Trash will be stored in a covered dumpster. 9. No general auto repair is allowed; no auto body repair or painting is permitted. 10. No vehicle sales allowed. 11. Customer vehicles may not be pazked longer than 10 days on the premises. 12. Limit caz wash operation and pay phone usage to the hours of 7:00 a.m. to 10:00 p.m. 13. Maintain the properiy clean from trash on a daily basis. 14. Licensee must comply with all federai, state, and local laws. THEREFORE, BE IT RESOLV$D that the Council of the City of Saint Paui hereby approves this license application with the aforementioned conditions. Yeas Nays Absent Benanav � Bostrom , Harris ✓ Helgen � Lanhy , Montgomery ,� Thune � � Adopted by Council: Date ,�� j a� �140� Adoprion By: Approved By: Requested by Department of � Form Approved by City Attomey � Mayor for Submission to Council � Green Sheet'Green Sheet Green Sheet Green Sheet Green Sheet Green Sh et�� DepartmeM/officelcouncii: Date Initiated: co ���;� 21-APR-04 Green Sheet NO: 3015355 CofMad Person & Phone• Deoartment Sent To Person Initial/Date Maraa Mcertnond � 0 ouncil 266-8560 pu�yn 1 ouncil De artmentDirecMr Must Be on Council Agenda by IDate): Number 2 � 1 rk For Routing 3 Order 4 5 ToWI # of Signature Pages _(Clip Ali Locations for SignaWre) Acfion Requested: � Approving the license applicauon with conditions, per the Legislauve Hearing Officer, for Gas Station, Retail Food (B)-Grocery, and Cigazette/Tobacco Licenses by W& S Amoco of Shoreview, dba Maryland BP, 1200 White Beaz Avenue North. , Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and akach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):� , � , Advantaaes If Approved: DisadvanWges If Approved: , Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: Transaction: Fundinp Source: Activity Number: � � � � Fi nancial 1 nformation: (Explain) � MINLJTES OF THE LEGISLATIVE HEARING MARI'LAND BP - 1200 White Beaz Avenue North Thursday, February 19, 2004 Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:10 a.m. �-�e.� � a� ��� STAF'F PRESENT: Jeff Hawldns, Office of License, Inspections, Environmental Protection ��P) Wamoua Lee, owner, appeared. Marcia Moermond explained that this is an informal legislative hearing to talk about the license application for W& S Amoco of Shoreview, doing business as Maryland BP. At the end of this hearing, Ms. Moermond will make a recommendation for the City Council to consider about this license application. She has three possible recommendations: 1) grant the license without conditions; 2) grant the license with conditions that the owner would agree to; or 3) send to an Administrative Law Judge (AL�. Ms. Moermond will recommend sending this to an ALJ if there are conditions that she thinks are reasonable but the applicant will not agree to them or she thinks the application should be denied. + Jeff Hawkins, LIEP, reported this is a license application for Gas Station, Retail Food-Grocery, and Cigarette/Tobacco Licenses for W& S Amoco of Shoreview at 1200 White Bear Avenue. LIEP's recommended license conditions are as follows: 1. No late night deliveries between the hours of 11:00 p.m. to 6:00 a.m. 2. Security camera must be functional. 3. Maintain the fence on east and south side of the properry, adjoining the residential properiy. 4. Maintain landscaping. 5. All customer and employee vehicles (one space shall be designated and marked for $andicap pazking) must be parked in the area designated on the approved site plan on file with LIEP. 6. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 7. Vehicle salvage is not permitted. 8. Vehicle parts, tires, oil or similar items will not be stored outdoors. Trash will be stored in a covered dumpster. 9. No general auto repair is aIlowed; no auto body repair or painting is permitted. 10. No vehicle sales allowed. 11. Customer vehicles may not be parked longer than 10 days on the premises. 12. Licensee must comply with all federal, state and local laws. Mr. Hawkins continued: Mr. Lee signed conditions put on the last license, which are Items 1 . through 4. Items 5 through ll are the condirions that are enforceable by ordinance and would not necessarily have to be on the license, but have been on licenses in the last three yeazs. o� ��� � LEGISLATIVE HEARING MINiJTES OF FEBRUARY 19, 2004 Page 2 Ms. Moermond stated she has not seen these conditions before. The only conditions listed on her paperwork are Conditions 1 and 2 above. She asked why this is disconnected from the list of conditions she sees here. Mr. Hawkins responded he will have to check on that. Ms. Moerxnond stated what LIEP is telling the neighborhood should be consistent with what LIEP is telling her. They could prevent hearings if they can get this straightened out. Mr. Hawkins responded someone new is sending out notifications. Ms. Moermond asked has the owner seen these conditions before. Mr. Lee responded he lrnew about the first four conditions. Mr. Hawkins indicated that the problem with the last owner was fixing the fence. BP is the actual owner of the properiy and responsible for the maintenance. The last licensee would not sign the conditions because he had no control over it. Ms. Moermond added that fences should be maintained in a worlrnianlike condition according to City code. She asked was the fence repaired based on correction orders using the zoning code. Mr. Hawkins responded correct. The fence was repaired substanrially but is still missing one board. • Ms. Moermond stated there should be an outstanding conection order on the fence Mr. Hawkins responded the business was in the process of changing owners. LIEP thought they would let the new licensee get the license first. Ms. Moermond asked who did the repairs on the fence. Mr. Hawkins responded the license holder said that he would tell BP; if they didn't make the correction, then the license holder would. Mr. Lee added that he is responsible for fixing the fence, but the building and the fence are owned by BP. Ms. Moermond stated he just brought the franchise. She asked is he operating under a management agreement with the previous license holder. Mr. Hawkins responded that the previous license owner did not come in and pay the fees. Technically, this has been operating without a license for the last year. Ms. Moermond asked is there anything new that the previous owner was not doing. Mr. Lee responded nothing has changed. Ms. Moermond stated she understands that he had a meeting last night with the neighborhood and asked did they come to an agreement. Mr. Lee responded yes. . Chuck Repke, Executive Director of District 2 Community Council, 1961 Sherwood Avenue, appeazed and stated they appealed because they got the original two conditions like Ms. Moermond did. The fence has been an object of contention for some time. The last applicant �� �31 � LEGISLATIVE HEARING MINUTES OF FEBRUARY 19, 2004 Page 3 was difficult for the community council to deal with. There was one other condition on the original license when Amoco first built this building: the pay phone needs to be shut off for the same hours as late night deliveries. The telephone gives people who are not customers an excuse to hang azound the business. The community council would like the fence as a condifion on the license because it forces BP, which is located in Chicago, to respond to this issue. With the last licenser, the fence was leaning at one point, had lost about a third of its boazds, and the neighborhood had to go through the normal abatement process with no consequence directed toward the licenser or the company. This property has changed ownership several times. The business now looks good. The neighborhood is optnnistic, but would like the same conditions. There was a meeting last night, but the near neighbors were not notified. Ms. Moermond asked were these issues covered at the neighborhood meeting last night. Mr. Repke responded yes. It is his understanding that Mr. Lee does not get revenue out the telephone anyway. Putting these as license issues, as opposed to things that are done through maintenance, has the potenrial of the franchise closing down if BP does not respond. Otherwise, it does not bother the corporate office in Chicago if a fence is falling down on a neighbor. Ms. Moermond stated all the conditions discussed at that meeting are conditions 5 through 12 except for the pay phone, which was discussed at the last meeting. Mr. Repke responded they � just want to try to control late night activity not associated with the business of selling gasoline. Joyce Peter, 1172 White Bear Avenue, appeared and stated her concerns are caz wash hours, delivery of gas, fence maintenance, and trash. When the fence is broken, the lights shines tl�rough her bedroom window. Aiso, the car wash is really noise. Ms. Moermond asked for the car wash hours. Mr. Lee responded 7 to 10. Ms. Peter said the business runs seven days a week. There is a blower for drying the cars, and the owner said it would have a muffler system on it. That was one of her main concerns. In response to questions, Ms. Peter said they have a wooden fence. Debris from BP's garbage ends up by the fences and the yard. She cleans up her part of it. The fence has horizontal boards, and a tarp was stapled at one point. It sounds like the new applicant is willing to wark on the fence. As for the pay phone, it creates a problem with the phone being on at night, as people will hang around her front fence. Mr. Hawkins added that the fence is eight feet tall. Ms. Moermond asked is he familiar with the first four conditions. Mr. Lee responded yes. Ms. Moermond stated Conditions 5 to 12 are on every license. Item 13 is to shut off the pay phone. Mr. Hawkins responded that he can add a condition for the pay phone. � Ms. Moermond said that they would like to put the car wash hours on the license as a condition. She hears he is good about picking it up. She asked would he be okay with a condition that he ou-�3� °� LEGISLATIVE HEARING MINUTES OF FEBRUARY 19, 2004 Page 4 will maintain the properry free from trash daily. Mr. Lee responded he is okay with both these conditions. Regazding the fence issue, Ms. Moerxnond asked would he be willing to fence it properly. Mr. Lee responded it is not a problem. Ms. Moermond recommends granting the license application with the following conditions. These conditions were signed by the applicant on Apri19, 2004. 1. No late night deliveries beriveen the hours of 11:00 p.m. and 6:00 a.m. 2. Security cameras must be functional. 3. Maintain the fence on east and south side of the property adjoining the residential properiy. 4. Maintain landscaping. 5. All customer and employee vehicles (one space shall be designated and marked for Handicap parking) must be parked in the area designated on the approved site plan, on file with LIEP. 6. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 7. Vehicles salvage is not permitted. 8. Vehicles parts, tires, oil or similar items will not be stored outdoors. Trash will be stared in � a covered dumpster. 9. No general auto repair is allowed; no auto body repair or painting is permitted. 10. No vehicle sales allowed. 11. Customer vehicles may not be parked longer than 10 days on the premises. 12. Limit car wash operation and pay phone usage to the hours of 7:00 a.m. to 10:00 p.m. 13. Maintain the property clean from trash on a daily basis. 14. Licensee must comply with all federal, state, and local laws. The hearing was adjourned at 10:44 a.m. rrn �