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08-728Council File # 6 g ��[ � GreenSheet# 3056172 RESOLUTION Presented OF SAINT PAUL, MINNESOTA �7 1 WHEREAS, the I.egislative Hearing Officer recommends that the application for (I.D. #20080000941) 2 Gas Station, Retail Food (C) — Grocery 1001-3000 sq. ft., Restaurant (2) — 1-12 Seats and Cigarette/ 3 Tobacco licenses for Schauer LLC., doing business as Mini Pac, 1184 Maryland Avenue East, be approved 4 with the following condition: 1. The hours of operation of the caz wash aze limited to no more than from 8:00 a.m. to 8:00 p.m. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license Application. Requested by Depaztrnent of: Carter !� Stark Adopted by Council: Date ✓ Adoption Certified by Council Secretar� g � � Approv by M or Dat � By: Form Approved by City Attorney B Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b��7 2�g CO ������ Contact Person 8 Phone: Marcia Moermond 266-8570 MuSt Be on GounCil Agentla by (Date� 09JUL-08 Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Jean Birkholz ConWM Phone: 266-8673 Fz.am.E�Fa y Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3056172 0 oanc0 1 oonul De ariment Direttor 2 "ri Clerk CS Clerk 3 4 5 Approving the license application with condition, per the Legislative Heazing Officer, for Gas Staqon, Retail Food (C) - Grocery 1001-3000 sq. ft., Restaurant (2) - 1-12 Seats and Cigazette/Tobacco licenses for Schauer LLC, doing business as Mini Pac, 1184 Maryland Avenue East. itlanons: Approve (A) or Re�ect (rt): rersona� sernce contracu must wnswer tne rouowmg c.Wesnons: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/frtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges IfApproved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Infortnation: (EzPlain) Activity Number: CostlRevenue Budgeted: June 26, 2008 1039 AM Page 1 LICENSE HEARING MINUTES Mini Pac at 1184 Maryland Avenue b� -� ag Thursday, June 12, 2008, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:04 a.m. Staff Present: Jeffrey Fischbach and Jeff Hawkins, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Jeremy and Michelle Schauer, business owners; Paul Muilenberg, representative for Croix Oil Company Mini Pac: Request for Gas Station, Retail Food (C) – Grocery 1001-3000 sq. ft., Restaurant (2) – 1-12 Seats and Cigarette/Tobacco licenses Ms. Moermond stated that this is an informal legislative hearing far a license application. This is a Ciass 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 heazing. Other Class N Licenses include: liquor sales, entertainment, anto sales, etc.—things that have an immediate impact on the neighborhood. The City received one (1) letter of concem regazding 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 recommendation. Then, she will ask the applicant to talk about the business plan. Next, if there are other people here, she will hear from those who are here in support of the issuance of the license and those with concerns about the issuance of the license; and, she will review the letters / emails that were sent regarding this application. Mr. Jeff Fischbach, DSI, provided the staff report. There aze no conditions currently on the license and there are no conditions recommended for the new license. No correspondence has been received from the neighborhood organization. Regazding inspections, Building is not applicable; Environmental Health has approved; Fire has approved; License has approved; Zoning has approved. The Department of Safety and Inspections recommends approval. Ms. Moermond noted that the letter of objection refers to the Conditional Use Permit. Mr. Hawkins added that in October, 2003, this property was granted a Conditional Use Permit for service station expansion – to add an accessory car wash addition. Part of that permit addressed alley access with a modification of a 10-foot buffer from the residential property to a 6-foot buffer; and a 25-foot setback of the driveway from the residential property to a proposed 7-foot setback. There were four (4) conditions on the CUP of which one (1) should have transferred to the license. Mr. Hawkins recommends that condition go onto the license. The conditions on the CUP were: L The applicant completes site plan review and complies with all City requirements. �-�a� 2. Landscaping as required by the site plan review staff be provided in the buffer area along the east side of the site around the new sign at Maryland and Duluth and in the curbed area in the southwest corner of the site. 3. A ten (10) foot wall extension is provided from the carwash towards Maryland to fiu buffer the adjacent residential property. 4. The hours of operation of the cazwash aze limited to no more than 8:00 a.m. to 8:00 p.m. 5. The applicanYs request for the lot split and rezoning aze approved. At this point, items l, 2 and 3 have been complied with. He recommends that condition #4: the hours of operation of the carwash aze limited to no more than 8:00 a.m. to 8:00 p.m., go onto the license. Ms. Moermond asked Mr. Schauer if he would be willing to have that condition both on his CUP and his license. He said that he would. Ms. Moermond asked Mr. Schauer if he has been in this business before. Mr. Schauer replied that he had been an employee far Mr. Paczosa for fifteen (15) yeazs. Mr. Paczosa had been like a father figure for Mr. Schauer. Mr. Schauer was fortunate enough to take over the business from Mr. Paczosa; he managed it a few years before he took it over. On paper, he was the assistant manager; his son was the manager. He noted that he worked everyday; never called in sick. He is at the store between 80 — 90 hours a week (seven (7) days a week). He added that he is lucky enough to have a great wife who helps out a lot with the store. He grew up on the East Side, right down the street from the store. He went to Johnson High School. He is very familiar with the neighbors and the neighborhood. He has seen it at its best and he has seen it at its worst. His goal is to keep it the best as possible. He puts everything he has into the store; he loves the store. His children (ages 7, 9 and 15) all work at the store. They can't have someone else run their business and expect to make it. They treat all of their customers like friends. Ms. Moermond asked Mr. Schauer if he had a chance to read the letter. He responded that he had. She asked about the delivery trucks blocking the alley. Mr. Schauer replied that their location has a T-alley on the south side of the store; it runs east-west. The main alley goes north-south. Occasionally, delivery trucks take the west side of part of that alley. They are there no longer than fifteen (15) minutes, tops. The garbage companies take a lot longer than that. It is not a concern with any other neighbors. The rest of the neighborhood became aware of what happened with Ed Davis and brought in letters. Mr. Schauer then submitted nine (9) letters of approval his neighbors brought to the store (Dick and Judi Burkhart; Tenance J. Spahl, D.D.S.; Carol and Rod Hansen; Jan Kennifick; Ron and Sharon Hanson; Sister Kathleen Spencer; Damia Stazks; John, Donna and Daniel Murphy; and Martin J. Caraway). Mr. Fischbach added that he did receive one call in support, also. Mr. Schauer stated that Mr. Davis has submitted fifty (50) complaints to the City of Saint Paul about different issues in the area. Mr. Schauer also stated that about 1%z years ago, Mr. Davis came to him about plowing the a11ey. Mr. Schauer said that he has no problem with paying his share of the plowing cost; however, Mr. Davis wanted Mr. Schauer to pay for the whole alley to be plowed because of the delivery trucks. Mr. Schauer told him that the store takes up four (4) parts of that alley and so, he will pay for four (4) parts of the alley ($15 per par[, the same that is charged for a house). Mr. Davis did not think it was right; however, Mr. Schauer did pay him $60 total. From that day forward, Mr. Davis has not been a customer at the store; and he said that he would not support them in their store. Ms. Moermond asked about the hours of store operation. Mr. Schauer replied that the hours aze 530 a.m. — 11:00 pm. Monday through Friday; 6:00 a.m. — 11:00 pm. Saturday and Sunday. 2 OS-� �8 Mr. Hawkins stated that he drove past yesterday and noticed the tanker delivery truck there, which took up the whole area. Would it be possible to take some other deliveries in the lot? Mr. Schauer responded that for the huge trucks, they need to stop traffic on Maryland in order to do that. There aze only rivo (2) drivers who are able to make that tum on the north side of the building to come through the gas pumps. The real problem is a telephone pole in the alley that stops the truckers from being able to turn and exit the store. They pazk on the street if they can because it is easier for them. The alley is the last resort. Mr. Schauer also stated that they have a big problem with theft in the neighborhood. The Coke, Frito Lay and bread truck drivers get hit quite often. Even when their doors are locked, people will steal from them. There aze cameras in the a11ey on the west side and the truckers prefer to pazk at that location. Mr. Hawkins also asked about the gate to access the gazbage and car wash being lefr open (objection letter saying it's a CUP issue). Mr. Hawkins said that is not a CUP issue. He said that one of their inspectors was out about the gate. Mr. Schauer stated that when the inspectors were there, they witnessed a neighbor opening up that back gate. Actually, the neighbor's son opened up that back gate, so she could pull her van into the car wash. She is handicapped. She is the only person that Mr. Schauer knows who opens the gate. Mr. Hawkins said he didn't think there was a problem with that. Mr. Schauer added that the gate is often open for garbage trucks. IYs very heavy; it talces two (2) people to close it. It's left open for gazbage trucks when they come through on Tuesday and Friday. Mr. Hawkins also noted that the issues about the car wash door not being closed and music being played around the pumps at night aze not addressed in the CUP nor aze they zoning issues. The car wash door has to come up at the end of the car wash or you can't drive out. Mr. Schauer added that the car wash door does close immediately after the cycle starts. The doors aze on I-censors; and Mr. Schauer is the only one who can adjust the volume on the music. Mr. Hawkins stated that one needs to have permission from the Public Works Department to put anything on the boulevard as far as signs are concerned. Also, you need sign permits. Mr. Fischbach responded that Mr. Schauer has temporary sign permits. Mr. Hawkins said that there needs to be a 4- foot clearance from the sign to the ground. Mr. Schauer responded that his signs were made by Snappy Signs, a professional sign maker. Regarding the landscaping dying, Mr. Hawkins reported that it did not look as though the landscaping was dying to him. Ms. Moermond stated that it looks as though Mr. Schauer's Fire Certificate of Occupancy contact information is still in Leonard Peczosa's name. Ca11228-6230. Ms. Moermond said that she is not seeing issues that are land ownership issues. The CUP issues apply to the land, not to the business. Mr. Muilenberg responded that he is familiar with CUP issues and that it is Croix Oil's responsibility to comply with them. Ms. Moermond stated that the hours of the car wash will continue as is. She is convinced that the gate will remain closed most of the time and that the signs will be changed to comply to a 4-foot clearance from the ground. Ms. Moermond stated that she will recommend approval with the following condition: 1. The hours of operation of the car wash are limited to no more than from 8:00 a.m. to 8:00 p.m. The hearing was adjoumed at 1034 a.m. /jab