06-1166Council File # �r-//��
Suspension - 12/27/06
Green Sheet # 3C'S632
RESOLUTION
WHEREAS, the Legislative Hearing Officer recommends that a request for a(ID # 20060003657) Gas Station,
Retail Food — Grocery 101-1000 sq. ft., Retail Food — Restricted Food Service and Cigarette/Tobacco
licenses for John Carter, owner, Carter's Oil & Food Shop Inc., doing business as Carter's BP at 623 Como
Avenue be approved with the foilowing condition:
The licensee will provide working video surveiilance cameras and recorders on the premise to provide
documentation of activities on the interior and exterior of the establishment. This equipment must be in
operation during all business hours. Tapes must be maintained for thirty (30) days and must be immediately
available to the Saint Paul Police Department and the Office of License Inspections and Environmental
Protection, upon request.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application.
Yeas Nays Absent
Benanav �
Bostrom �
Harris �
Helgen �
Lantry �
Montgomery �
Thune �
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Adopted by Council: Date ���� ���,�i
Adoption Certified by Counci] Secretary
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Requested by Deparhnent o£
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Form Approved by City Attorney
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Approved by Mayor for Submission to Counci]
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Approved by Mayor: Date �— ��� �
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CITY OF SAINT PAUL, MINNESOTA
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CoMact Person & Phone:
Maraa Mcermond
266-8570
Must Be on Council Aaen
Doc.Type: RESOLUTION
E-Document Required: Y
Document Contad: Jean Birkholz
ConWct Phone:
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Assign
Number
For
Routing
Order
7op1 # of Signature Pages _(Clip All Locations for Signature)
Greer� Sheet NO: 3035632
0 ouncil I
1 oanril Deparhnent D'uector
2 (,tity Clerk �
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Approving the applicarion with condirions, per the Legislative Hearing Officer, for Gas Station, Retail Food - Grocery 101-1000 Sq.
ft., Retail Food - Restricted Food Service, and Cigazette/Tobacco licenses by John Carter, owner, Carter's Oil & Food Shop, Inc,
, d/b/a Carter's BP, 623 Como Avenue.
aauons: npprove (H) or ne�ea �rq: rersonai service contracts mus� wnswer [ne ronowmg uuesaons:
Planning Commission 7. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciiy employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answero on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Transaction:
Funtling Source:
Financial I nformation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
December 22, 2006 237 PM
Page 1
MINUTES OF THE LICENSE HEARING
Carter's BP
623 Como Avenue
Thursday, December 21, 2006 at 11:00 a.m.
330 City Hall, 15 Kellogg Boulevard
Mazcia Moermond, Legislative Hearing O�cer
The hearing was cailed to order at 11:03 a.m.
Staff Present: Jeffrey Fischbach, License, Inspections and Environmental ProtecHon (LIEP); and
Jean Birkholz, Council Research.
Others Present: John Carter, owner; Karry Antrim, District 6 Planning Council; and Allison
Sharkey.
Application for Gas Station, Retail Food — Grocery 101-1000 sq. ft., Retail Food — Restricted Food
Service and Cigarette/Tobacco Licenses
Ms. Moermond explained that this type of license is a Class N license, meaning that the neighborhood is
notified. Other types of licenses in that category include: entertainment licenses, liquor licenses, car
repairs, things that aze more likely to affect the neighbors. In this case, there were two (2) letters of
concern received. There are three (3) possibie 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.
Mr. Fischbach, license inspector, LIEP, reported that LIEP has recommended that the license be
approved with no conditions. This property has been a gas station since the `SOs; Mr. Fischbach
believes that it was remodeled in the'80s. Since February 20Q5, there has been no gas station operating
at this location. Permits have been pulled for remodeling. Ms. Fischbach did not know whether all of
these permits have been finalized. Environmental Health is pending. Fire has approved it. License has
approved it with no conditions. Zoning has also approved it.
Mr. John Carter, owner, stated that he has operated a gas station for approximately twelve (12) years in
Brooklyn Pazk. His bank closing is set up for next week. The hours of operation will be from 6 a.m. to
11 p.m., seven (7) days a week. He has a history of keeping the business area clean and trash picked-up.
He stated that this gas station has been equipped with a vapor recovery system, which was installed last
year after the station closed, so that when gas is delivered to the station, gas fumes are eliminated, which
addresses one of the neighbors' concerns.
Ms. Moermond noted that another neighborhood concern is the loud music coming from customers'
cars; although, she is not sure what can be done about that. She asked if the lighting has been directed
away from the residential properties. Mr. Carter replied that it has been. Mr. Carter stated that the Ciry
has removed two (2) driveways in order to slow down exiting vehicles and widened the other two (2),
making it somewhat safer for pedestrians, especially near the bus stop. Ms. Moermond asked about
security. Mr. Carter replied that he has installed an interior and exterior camera system. It tazgets the
pumps, cash registers and the outside car wash back wall azea that is not visible from inside the store.
Ms. Moermond stated that she intends to add a condition on the license that Mr. Carter maintain Ihe
security camera system and if the police ask for a video tape or a digital recording, that he provide it to
them immediately. Mr. Carter believes that his newly installed system provides for 45 days. Ms.
Moermond asked Mr. Carter if he has signs that tell people they need to turn their cazs off while they're
fueling. Mr. Carter responded that he does. Ms. Moermond said that there's a concern about gazbage.
She asked Mr. Carter if he has gazbage cans available. Mr. Carter stated that he is trying to work with
District 6 to get the City to provide some gazbage cans. He has put one out neaz the bus stop, but he's
not finding much in it. He believes that if trash cans aze there, they will be used. He will arrange to
empty them.
Karry Antrim, staff at District 6 Planning Council, addressed the hearing. She stated that they are
working with Public Works to get some garbage cans near the bus stop, eta She feels that the other
businesses on that corner need to be responsible for trash, as well. Ms. Antrim stated that Mr. Carter has
worked with District 6 to install security cameras from a vendor on the approved list for the STAR
money. She doesn't know what more Mr. Carter can do to safeguazd the business. Ms. Antrim went on
to discuss part of the vision of the Great Northern Corridor: 1) to fuel the economic growth; 2) that
employees and business owners are engaged in the community; 3) to revitalize the azea of commercial
concern. An empty gas station is of no economic value for the City of Saint Paul or for their
neighborhood. Mr. Carter has done his best to meet these goals even before his license has been issued.
He has extensively rehabbed the inside of the building at great personal expense. This shows great
commitment to the North End neighborhood. The District 6 Planning Council office has received no
complaints or concerns about this business coming in.
Allison Shazkey, SPARC, stated that she echoes all that Ms. Antrim had said. Their loan committee has
provided a loan to Mr. Carter for this project. That is only done when they can sea that a business is
economically viable and will be bringing economic benefits to the neighborhood; and also when they
trust the person who is coming to them. They wholeheartedly support Mr. Carter and this application.
Ms. Moermond recommended approval with the following condition:
The licensee will provide working video surveillance cameras and recorders on the premise to provide
documentation of activities on the interior and exterior of the establishment. This equipment must be in
operation during all business hours. Tapes must be maintained for thirty (30} days and must be
immediately avaiiable to the Saint Paul Police Department and the Office of License Inspections and
Environxnental Protection, upon request.
Ms. Moermond said that she will ask that Councilmember Helgen, Ward 5, to bring this item in under
suspension next Wednesday, December 27, 2006.
The hearing was adjourned at 11:24 a.m.
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