08-443Council File # � � �� �
Greeu Sheet # 3053231
Presented by
MINNESOTA
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1 WHEREAS, the Legislative Hearing Officer recommends that the application to (I.D. #20080000285) add
2 a Gas Station license to existing Retail Food (C) - Grocery 1001-3000 sq. ft., Retail Food — Restricted
3 Food Service, and Cigazette/Tobacco licenses for 7�' Mazket Gas For Less Inc., doing business as West 7`�'
4 Market, 675 7`�' Street West, be approved with the following condition:
6 l. The licensee shall pick up trash, litter and empty bottles and/or cans in the immediate vicinity of the
7 licensed business whether on public or private property, at least once on a daily basis.
9 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
10 application.
Requested by Department of:
Adopted by Council: Date � -
Adoption Certified b� Council Secret
By: ' �
Approv yi a or: Da e f�i U�
By:
RESOLUTfON
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Confact Person 8 Phone:
Marcia Moermond
266-8570
Must Be on Couhcil Agenda by (Date)
07-MAY-08
Doc. Type: RESOLUTtON
E-Documenf Required: Y
Document Contact: Jean Birkholz
Contact Phone: 266-8673
O7-MAY-08
y
Assign
Number
For
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ToWI # of Signature Pages _(qip All Locations for Signature)
Green Sheet NO: 3053231
0 oancil
1 ounc� De artment Director
2 � Qerk L5 Cluk
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Approving the license application with condition, per the Legislative Hearing Officer, to add a Gas Station licen"se to existing Retail
Food (C)-Grocery ]001-3000 sq. ft, Retail Pood-Restricted Food Service and Ciga�ette/Tobacw licenses for 7th Market Gas For
Less Inc., doing business as West 7th Market, 675 7th Sh'eet West.
iaanons: Hpprove �q� or tte�ect (tc): rersona� �emce concracts mus[ wnswer tne rouowmg uuesnons:
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. Dces this person�rm possess a skill rtot namally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvantageslfApproved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction;
Funding Source;
Financial Information:
(Explain)
CosVRevenue Budgeted: '
ActiviTy Number:
May 1, 2008 1029 AM Page 1
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LICENSE HEARiNG MINUTES
West 7� Market at 675 7� Street West
Thursday, April 10, 2008, 10:00 a.m.
330 City Hall, I S Kellogg $oulevard Wast
Mazcia Moermond, Legislative Hearing Officer
The hearing was calied to order at 10:04 a.m.
Staff Present: Jeffrey Fischbach, Department of Safety and Inspections (DSI); and Jean Sirkholz,
Council Research
Others Present: Ahmed Albouali, licensee; Richard Carlson, attorney; Sadich, landlord; and
Betty Moran, West 7`"/Forf Road Federation
7` Street Market: Request to add a Gas Station license to the existing Retail Food (C) - Grocery
1001-3000 sq. ft., Retail Food – Restricted Food Service and Cigarette/Tobacco.
Ms. Moermond stated that this is an informal legislative hearing for a license application. This is a
Class N notification which means that the neighborhood gets notified and has a chance to voice its
concerns. If any one has a concern, it automatically triggers a hearing. Other Class N Licenses include:
liquor sales, entartainment, auto sales, auto repair, etc.—things that have an immediate impact on their
neighbors. The City received two (2) letters of concern regarding the issuance of this license.
Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Moermond can recommend
to the City Council that they issue this license without any conditions; 2) she can recommend to the City
Council that they issue this license with agreed upon conditions; or 3) she can recommend to the City
Council that they not issue this license but refer it to an administrative law judge for a further hearing
and findings.
Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of the
application and will also explain their recommendarion. Then, she will ask the applicant to talk about
the business plan. Next, she will hear from people who are here in support of the issuance of the ]icense
and those with concerns about the issuanca of the license and, she will review the letters / emails that
were sent regarding this application.
Mr. Jeff Fischbach, DSI, provided the staff report. He stated that currently, there is one (1) condition on
the license:
1. The gas pumps may not be operated and no gasoline may be sold until the Gas Station license has
been issued. Violation of this condition may result in denial of the application for the Gas Station
license and revocation of the Retail Food and Tobacco licenses.
Note: This condition wild be removed if the Gas Station license is issued
DSI has recommended that one (1) condition be added to the licenses:
1. The licensee shall pick up trash, litter and empty bottles and/oz cans in the immediate vicinity of the
licensed business whether on public or private property, at least once on a daily basis.
DSI has received no conespondence from the district councii.
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A building inspection is not applicable because there were no building permits and the licenses have
already been issued for the retail. An environmental health inspection is also not applicable. Fire and
Zoning have approved it; Licensing has approved it with conditions. DSI recommends approval wiTh
the added condition.
Ms. Moermond asked Mr. Albouali to tell her about the business. Mr. Albouali responded that he has
been in the gas station business before, so he knows the basics of the business. He added that he likes to
keep a clean business, and it is not in his interest to make people mad. He is willing to wark with the
condition that DSI has recommended. He always cleans up right away when people throw things onto
his property.
Mr. Carlson explained that Mr. Albouali has been operating the grocery part of the store since about the
middle of February. He has cleaned-up the place and is moving forward as the owner of the operation
on this property. The property had been leased to the previous operator, Sadaam Saman, whom
everyone is complaining about in the letters that have been received. Mr. Saman sold the lease to Mr.
Albouali, which requires consent by the Iandlord. As a term of that consent, the landiord said that he
would provide consent on the condition that Sadaam Saman agree, in writing,
that he will not, in any way, be involved with/or connected to the operation of the business
located at the property; or be identified above as an owner, consultant, manager, employee,
officer, director or share holder; or an officer or position of the same or similar character; that he
shall not enter into or be present upon the premises of said property after the date thereof and in
any capacity other than as a customer.
Both writers of the letters that were sent in said that they don't object to a gas station at this location, but
that it was the condition and the operation of the previous operator that they objected to. The
neighborhood association was also involved in this transfer of property and negotiation of the terms of
this consent.
Mr. Albouali has run stores and gas stations before and has been an employee for gas stations. It is in
his interest and as part of his lease and the owner's interest to have a properly run business and a clean
property. He has cleaned-up the grounds since he has taken over. Mr. Cazlson submitted photos that
were taken yesterday, Apri19, 2008. Ms. Moermond stated that staff has provided photos, dated April 9,
2008 also, that showed some strewn trash.
Mr. Carlson stated that the difference between the past owner and Mr. Albouali is that Mr. Albouali is
there sixteen (16) hours a day, working and present. He picks-up trash as he sees it. The trash thaYs
strewn behind the store is not visible from the store windows, so it doesn'Y get picked-up immediately.
It is his intent to keep the grounds as clean as possible. Mr. Albouali doesn't allow loitering, loud caz
speakers and/or other offensive behavior on the premises. In the Ietters of complaint, both writers do not
object to a gas station at this location; they object to the way the previous operator ran the station. Mr.
Albouali pledges to operate the business in a proper manner and work with the neighborhood. He has
no objecrion to the condition that DSI staff has placed on the licensa.
Ms. Moermond asked about the hours of operation. Mr. Albouali responded that the store is open from
8 a.m. —10 p.m. seven (7) days a week She asked if he has other staf£ Mr. Albouali answered that his
brother sometimes comes in to relieve him. Mr. Fischbach added that if there is anyone other than
himself or his lineal descendants working there, he needs to get worker's compensation insurance.
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Ms. Betty Moran, West Seventh Federation, stated that the district recommends that the license be
approved. The place has been greatly improved. IYs clean and there are no loiterers hanging around.
The district has great confidence that Mr. Albouali will run a good business. She recommended that Mr.
Albouali join the West Seventh Business Association for added support and interaction.
Ms. Moermond reviewed the police calls to the address. She encouraged Mr. Albouali to be proactive
about making police calls.
Mr. Moermond reviewed the letters and read their concems about things that were occurring with the
previous operator. She asked Mr. Albouali how he intends to manage the outside space. Mr. Albouali
replied that he has windows that are not obscured by signs; he always has a view outside. He also has a
camera pointed outside that covers the azea. He cannot see behind the building and does not have a
camera there. So far, he has not witnessad any drug deals and doesn't foresee them as a significant
problem on the property.
Ms. Moermond expressed concern about the future if Mr. Albouali were to become very successful and
seek out another station to run; thus, leaving this one in the hands of someone other than him. Mr.
Albouali responded that he intends to focus on this business for at least three (3) years.
Mr. Moermond stated that she will recommend to the City Council that they approve the issuance of this
license with the following two (2) conditions:
I. The gas pumps may not be operated and no gasoline may be sold untii the Gas Station license has
been issued. Violation of this condition may result in denial of the application for the Gas Station
license and revocarion of the Retail Food and Tobacco licenses.
Note: This condition will be removed if the Gas Station license is issued.
1. The licensee shall pick up trash, litter and empty bottles and/or cans in the immediate vicinity of the
licensed business whether on public or private property, at least once on a daily basis.
The hearing was adjourned at 1039 a.m.
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