06-1061Council Fi1e # /D �
Green Sheet # "3' l0 3
RESOLUTION
Presented
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1 WFIEREAS, the Legislative Hearing Officer recommends that a request for a(ID #20050003472)
2 Application for Gas Station, Retail Food Grocery and Cigarette/Tobacco License (Change of
3 Ownership) for Khaled Aloul, Maryland One Stop Food & Fuel Marketplace, Inc. d/b/a Maryland
4 AmocoBP Marketplace, 1200 White Bear Avenue North, be approved with the following conditions:
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1.) No late nigbt deliveries between the hours of 11:OOpm - 6:OOam.
2.) Security canneras must be functional.
3.) Maintain the fence on East and South side of the properry, adjoining the residential property.
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.) 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 allowed; no auto body repair or painting is permitted.
10.) No vehicle sales allowed.
ll.) 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 7:00am to 10:00 pm.
13.) Maintain the property clean from trash on a daily basis.
14.) The sale of blunts and single cigarettes is not permitted. Tobacco products must be sold in the
original packaging.
15.) The sale of jewelry bags/baggies is not permitted.
16.) Licensee must comply with all federal, state and local laws.
THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves this license
application.
Adoption Certified by Council Secretary
BY r �
Approved Ma � Date ��' 9J �,(
By: `
Requested by Deparhnent of.
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Form Approved by City Attorney
By:
Forrn Approved by Mayar for Submission to Council
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Adopted by Council: Date ��� fo�Q�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Person 8 Phone:
Marcia Mcertnond
6-8570
8e on Council /\qenda by (Date):
Doc. Type: RESOUJTION
E-DocumentRequired: Y
DocumentContact Vicki
Contact Phone: 6556'I
Date InitiaOed:
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AS51gn
Number
For
Routing
Order
iotal # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3034634
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1 onncil IDe rtmentDirectoc
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InitiaVDate
Resolution approving the License applicarion, with conditions, per ffie Legislative Hearing Officer for Gas Stafion, Retail Food Grocery
and Cigazette/Tobacco License (Change of Ownership) by Khaled Aloul, Maryland One Stop Food & Fuel Mazketplace, Inc, d/b/a
Maryland AmocoBP Mazketplace, 1200 White Beaz Avenue North.
Recommendations: Appro� (A) or Reject (R):
Planning Commission
CIB Cammittee
CiHI Service Commission
Personal5ervice Contracts
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this persoNBttn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not rrortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, OpportUnity (YYho, What, When, Where, Why):
Advantages HApproved:
Oisadvartta57es If Approved:
Disadvantages IfNotAparoved:
TotalAmountof
Transaction:
FundinA Source:
Financial Infortnation:
(Explain)
CosURevenue Budgeted:
Activity Number:
November 16, 200611:16 AM Page 1
06 i�� !
MINUTES OF THE LICENSE HEARING
Maryland AmocoBP Market Place
1200 White Bear Avenue North
Thursday, June 8, 2006, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevard
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:10 am.
Staff Present: Kristina Schweinler, License, Inspections and Environmental Protection (LIEP)
Others Present: Khaled Aloul, Maryland One Stop Food & Fuel Market Inc. d/b/a Maryland
AmocoBP Market Place, Lar Ziggen and Joyce Peter, 1172 White Bear Avenue and Chuck Repke,
District 2 Community Council.
Application for Gas Station, Retail Food Grocery and Cigarette/Tobacco License (Change of
Ownership)
Ms. Moermond stated that there are three (3) possible out comes from this heazing: 1) she could
recommend to the City Council that they grant the license without conditions; 2) she could recommend
to the City Council that they grant the license with agreed upon conditions; or 3) she could recommend
that the City Council refer this matter to an Administrative Law Judge (ALJ). With respect to conditions
were being recommended, he would have to sign an affidavit a�eeing to those condirions. If this matter
is referred to an ALJ, the judge can make findings and recommendations to the Council, which Uaey
could force as conditions on his license. Ms. Moermond stated that she received three letters of conaern
which neighborhoods often have concerns about this type of license.
Ms. Schweinler, license inspector, LIEP, reported that all of the necessary inspections have been
reviewed and approved. Mr. Khalil has met all of the requirements. LIEP recommends approval with
the following conditions:
1. No late night deliveries between the hours of 11:OOpm - 6:OOam.
2. Security cameras must be functional.
3. Maintain the fence on East and South side of the property, adjoining the residenfial property.
4. Maintain landscaping.
5. All customer and employee vehicles (one space shall be designated and marked for Handicap parldng)
must be parked in the area designated on the approved site plan, on file with LTEP.
6. All vehicles parked outdoors must appear to be completely assembled with no major body parts
missing.
7. Vehicle salvage is not permitted.
$. 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 allowed; no auto body repair or painting is permitted.
10. No vehicle sales allowed.
ll. 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:OOam to 10:00 pm.
13. Maintain the property clean from trash on a daily basis.
14. Licensee must comply with all federal, state and local laws.
D�-io�>
June 8, 2006 Minutes for Maryland AmocoBP Market Place License Hearing Page 2
NLr. Aloul stated that this store has been under a management agreement since September, 2005. He was
attempting to purchase the station with another pariner and would operate the station 24 hours per day.
Cunently, he was managing the store himself from 7:00 a.m. to 5:00 p.m_ He attempted to keep the
property clean from trash and had provided several trash receptacles, however, people continue to throw
trash on the properry instead of the cans. He had hired extra people from the neighborhood to watch
over customers on their behavior and had instructed them to call the police if necessary. He believed the
property was 80 percent improved. He agreed to the recommended conditions on his license.
Ms. Peter, 1172 White Bear Avenue, stated she objected to the gas station operating 24 hours a day.
There was a three foot easement with a chain link fence on the gas station property and a chain link
fence on her properiy. Trees were growing through the fence and it looked unsightly. Alsq there had
been problems with the sidewalk not being shoveled in the winter time. She also took issue with people
urinating between the fence.
Mr. Repke stated there had been problems with the fence being in disrepair and it was finally repaired
two and half years ago, however, he believed it needed to be painted. Ms. Schweinler stated the fence
was cedar and it was its natural color so painting was unnecessary.
Lar Ziggen, 1172 White Bear Avenue, stated he bought his gas at SA as this station tended to draw a
rough crowd. He also echoed the trash between the fence and suggested there needed to be a buffer
between the two properties.
Mr. Repke requested three additional conditions be placed on the license. First, there be no sale of
blunts or single sale of mini cigars or cigarettes and that packages of such not to be broken apart.
Second, no sale of jewelry bags as these small baggies are used for crack cocaine. Three, if open 24
hours, there be an employee staffing the store. He encouraged Mr. Aloul to develop a relationship with
the East Team Police as they will respond if thexe are behauioral isues at the store.
Ms. Moermond asked if there had been police calls for this property. Ms. Schweinler responded there
had been no complaints or calls far service since the applicant took over management in November.
Ms. Moermond summarized a letter of concern she received from Mike Larsen.
Ms. Schweinler stated if there are behavioral issues at the station, LIEP could take adverse action on the
conditions of'the license if there are violations.
The meeting was recessed 10:45 to 11:10 in order for Ms. Moermond to contact the Police Deparhnent
on calls for service at this address.
Ms. Moermond told Mr. Aloul that she would recommend no sale of blunts as a condition on the license.
Mr. Aloul stated this was unfair as other businesses sell blunts as they are legal. He also stated he does
not sell the small jewelry bags anymore and had never sold single cigarettes. He does staff the store 24
hours a day, seven days per week. The store is closed from 1 a.m. to 6 a.m. in order to clean the inside
of the store. He offered his phone number to the neighbors so that they could contact him concerning
the property.
Ms. Moermond suggested Mr. Aloul consider planting azborvitae trees between the two fences to act as
a buffer between the two properties which should also help with the issue of trash.
D� -/06 /
June 8, 2006 Minutes for Maryland Amoco/BP Market Place License Hearing Page 3
Ms. Schweinler suggested she could meet at the properiy with the owner and the neighbors that
afternoon to make suggestions on operating the business in a better manner.
Ms. Moermond recommended approval with the foilowing conditions:
1. No late night deliveries between the hows of ll:00pm - 6:OOam.
2. Security cameras must be functional.
3. Maintain the fence on East and South side of the property, adjoining the residential properry.
4. Maintain landscaping.
5. All customer and employee vehicles (one space shall be designated and marked for Handicap parking)
must be parked in the azea 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 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:OOam to 10:00 pm.
13. Maintain the property clean from trash on a daily basis.
14. The sale of blunts and single cigarettes is not permitted. Tobacco products must be sold in the
original packaging.
15. The sale of jewelry bags/baggies is not permitted.
16. Licensee must comply with all federal, state and local laws.
Ms. Moermond stated this license will be reviewed for compliance in four months.
The hearing was adjourned at 1130 a.m.
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