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09-278Council File # 0 9 - a7� GreenSheet# 3067377 ITY OF Presented RESOLUTION NT PAUL, MINNESOTA I 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for (I.D. 2 20080004386) Gas Station, Retail Food (C) — Grocery 1001-3000 sq. ft. and Cigarette/Tobacco for 3 New James Inc., doing business as Marshall Stop, 2057 Marshall Avenue, be approved with the 4 following conditions: 6 1. The licensee shall pick up trash, litter, empty bottles and/or cans in the immediate vicinity of 7 the licensed business whether on public or private property at least on a daily basis. 8 2. The licensee shall promptly remove graffiti from the premises in accordance with applicable 9 City Ordinances. 10 I 1 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 12 application with the aforementioned agreed-upon conditions. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Yeas Na s Absent Bostrom r / Carter Harris � Helgen Lantry Stark ,i Thune ✓ Adopted by Council: Date ��//�jjGj Adoption Certified by Counci Secretary By: � Approve ' a r Date � �� BY� ��U�L�A��/� � Requested by Department of: � Form Approved by City Attorney By: Form Approved by Mayox for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n�i-��fC � `� Departmentl�ce/Council: Date Inkiated: � co-�°°^��� 02_MAR-09 Green Sheet NO: 3067377 � Contact Person 8 Pbone: Departrnent Sent To Person Initial/Date Nhia Vanp y o oo��;� �_] I 266-8566 I oanc� De artmentDirecmr A55ign Z ' Cierk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 l t-MAR-09 Por Routing 4 � Doc.Type;RESOLUTION Order 5 O E-DOCUment Required: Y Document Contact: Jean Birkholz Contact Phone: 266-8673 Total # oF Signature Pages _(Clip AI{ Locations for Signature) Action Requested: Approving the license application with conditions, per the Deputy Legislative Hearing Officer, for Gas Statiion, Retail Food (C) - Grocery 1001-3000 sq. ft. and Cigarette/ Tobacco for New James Inc, doing business as Mazshall Stop, 2057 Mazshall Avenue. Recommentlations: Approve (A) or Reject (R): Personal Service Controcts Must Answer the Following Questions: Planning Commission 1. Has this personlfirm ever worked under a contract for ihis depadment? CIB Commiriee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No F-�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantage5 If Not Approved: 7otal Amount of CostlRevenue Butl eted: 7ransaction: 9 Punding Snurce: Activity Number: Financial Information: (Expiain) March 2, 2009 1221 PM Page 1 LICENSE HEARING MINUTES �� �� Marshall Stop at 2057 Marshall Avenue Thursday, February 12, 2009, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 10:03 a.m. Staff Present: Jeff Fischbach, Department of Safety and Inspecfions (DSn; and Jean Birkholz, Council Research Others Present: James Hawila, business owner Marshall Ston: Gas Station, Retail Food (C) — Grocery 1001-3000 sq. ft. and Cigarette/Tobacco licenses Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N notification which means that the neighborhood is notified and people have a chance to voice their concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N Licenses include: bars, entertainment, auto sales, auto repair, eta—things that have an immediate impact on their neighbors. The City received two (2) ]etters of concern from the same person regarding the issuance of this license. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the CiTy Counci] that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this (icense with agreed upon conditions; or 3) if an agreement cannot be reached, she may 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. She will make her recommendation to the City Council in the form of a resolution, which will be on the consent agenda. Ms. Vang will ask staff to present their report; staff will be asked to explain their review of the application and their recommendation. Then, she will read the letters of objection into the record. Next, she will ask the applicant to talk about the business plan. Mr. Jeff Fischbach, Department of Safety and Inspections (DSI), provided a staff report. At this time, the license has been approved by Environmental Health and Zoning inspectors. There was no requirement for a Building inspection because iPs an on-going building. Licensing is pending (need executed lease). No correspondence has been received from the district council. DSI recommends approval with no conditions. The owner has informed Mr. Fischbach that he has an executed lease of which he will furnish a copy to DSI. Ms. Vang asked about the executed lease. Mr. Fischbach explained that Mr. Hawila needs something from the property owner showing that he has permission to be there. He has submitted a lease between himself and the property owner showing that they have contact and that he's working toward finalizing the lease. Mr. Hawila wanted to see if he could get the license before he signed on the dotted line, which is not unusual for situations like this. Mr. Hawila explained that he leases the property not directly from the owner; he leases it from Oasis Market, who leases from the owner, Marathon. In other words, he has a sublease with the current lease holder. Ms. Vang reiterated that Mr. Hawila is the sub lessee of the owner of the Oasis Mazket, who has a lease with Marathon for nine (9) years. Mr. Hawila added that Oasis is having some financial prob]ems and they are selling all of their stations. Ms. Vang asked who is responsible for maintaining the property. Mr. Hawila responded that he cannot change anything structurally. He is responsible for maintenance, selling product and paying the rent. He cannot do any remodeling. Mr. Hawila said that this is the first business he has owned; he has, however, worked in a gas station. His cousin has been in the business for riventy (20) years and is training Mr. Hawila. Cunently, he has three (3) part time employees. Their responsibilities include cleaning, cashiering, re-stocking, etc. He works there at least ten (10) hours a day, six days a week. The hours of operation are as follows: Monday — Thursday 6 a.m. — 10 p.m. � J a�" Friday 6 a.m. — ll p.m. Saturday 7 a.m. — I 1 p.m. Sunday 7 a.m. — 9 p.m. In the summer, he may extend the weekday hours until I 1 p.m. Regarding the sale of cigarettes, he provides training for his staff and has posted a large sign saying they don't sell to minors. Ms. Vang reviewed the letters of objection, dated January 19, 2009 and February 10, 2009. The person who wrote it owns the apartment building immediately adjacent, across the alley. ln the first letter, it was implied that the applicant may be the previous owner. The wall separating the business from the alley is in disrepair, needs paint and has graffiti on it which has been there for weeks. The litter and trash from the business does not get picked-up. There are drug deals going on around the gas pump area. The place is an eyesore and in need of renovation, painting and repair. The February 10'� letter stated that attendance at the hearing would not be possible and again, cited similar concerns including mentioned of the wall. Pictures of the wall showing the graffiti was also sent with the February 10'� letter and was entered into the record. A phone call from the same concerned citizen was made at 8:40 a.m, February 1, 2009, and listed more concerns: a police report should be obtained regarding the drug deals; needed trash cans to contain the litter; and observation that people were hanging out in the alley. Ms. Vang noted that the photos reveal a crumbling wall with graffiti. Mr. Hawila stated that he has been there for only two (2) months and he intends to repaint the building. He thinks that he has nothing to do with the wall. Bvery day someone from the neighborhood tells him they are happy because he took over the place. He never sees gangs or drug dealers while he is there. The complaints in the letters address the previous owners. He stated that whatever is outside his business, he can't control. Ms. Vang asked who owned the wall and is responsible for its maintenance. Mr. Fischbach replied that it is Mr. Hawila's responsibility to maintain both sides of the wall. The wall is on his proper[y. Ms. Vang provided a graffiti waiver for Mr. Hawila to sign so that the City would come out and paint over the graffiti. Ms. Vang encouraged Mr. Hawila and/or his staffto go out and check the wall periodically. Ms. Vang will add a condition to that effect. Ms. Vang will recommend approval with the following conditions: 1. The licensee shall pick up trash, litter, empty bottles andlor cans in the immediate vicinity of the licensed business whether on public or private property at least on a daily basis. 2. The licensee sha11 promptly remove graffiti from the premises in accordance with applicable City Ordinances. Mr. Fischbach will emai] the Conditions' Affidavit, which Mr. Hawila must sign and return. The hearing was adjourned at 10:41 a.m. Note: The Conditions' Affidavit was signed on February 18, 2009. /jab 2