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10-551Couucil File # ��" SS � Green Sheet # 3 /� RESOLUTION CITY OF SAINT PAktr MINNESOTA Presented by �S 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Gas Station, 2 Retail Food (B) — Grocery 101-1000 sq. ft, and Cigarette/Tobacco licenses (I.D. #20100000243) 3(Change of Ownership) for Midway University & Hamline LLC, doing business as Midway Amoco 4 SP, 1347 University Avenue West, be approved with the following conditions: 6 1. The licensee shall provide and maintain working video surveillance cameras and recorders on the 7 premises (both inside and outside) in accordance with Saint Paul Police Deparhnent (SPPD) 8 recommendations. The number of cameras, their placement and their quality must be approved 9 by SPPD. This equipment must be in operation during all business hours. Tapes/recordings must 10 be maintained for a minunum of thirty (30) days, and copies of recordings shall be available to ll SPPD and/or the Department of Safety and Inspections (DSI) staff within twenty-four (24) hours of 12 13 14 15 16 17 18 19 such a request. 2. The licensee agrees to provide adequate lighting to support the camera placement and to provide sufficient visibility of the premises in accordance with SPPD recommendations. 3. Licensee agrees to provide and maintain adequate fencing to comply with applicable City Ordinances and to prevent access from the alley to the property. 4. Licensee agrees to limit the car wash hours of operation to between 6:00 a.m. and 10:00 p.m. 5. The licensee shall maintain a clean site, with all trash and litter picked up daily. 20 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 21 application. 22 Requested by Deparitnent of: Adopted by Council: Date �• Adoption Certified by Co cil Secre By: Ilni ` S Approve by yo Date �' � /O By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet �.��5�� Green Sheet Green Sheet Green Sheet Green Sheet � Department/0fficelCouncii: Date Initiated: co -�°°^°}� 18 MAY 2010 Green Sheet NO: 3111817 ConWct Person & Phone- Deaartment Sent To Person Initial/Date Nhia Vanp o ouncil O 266-8566 1 ooncil De artment Director �' 2 i Clerk CtiN Clerk Must Be on Council Agenda by (Date): Number 3 0 26-MAY-10 For 4 0 Routing Doc.Type:RESOLUTION Order 5 0 E-Document Required: Y Document Contact: �ean Birkholz Contact Phone: 266-8673 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with condidons, per the Deputy Legislative Hearing Officer, for Gas Station, Retail Food (B) - Grocery 101-1000 sq. ft. and Cigarette/Tobacco licenses (I.D. #20100000243) (Change of Ownership) for Midway University & Hamline LLC, doing business as Midway Amoco BP, 1347 University Averme West. Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB CommiHee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm 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: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: CosURevenue Budgeted: Funtling Source: Activity Number: Financial Information: (6cpiain) May 18, 2010 3:16 PM Page 1 tn- ss ► LICENSE HEARING NIINUTES Midway Amoco BP at 1347 University Avenue West Thursday, Apri122, 2010, 10:00 a.m. 330 City Hall,15 Kellogg Boulevard West Nhia Vang, Deputy, Legislative Hearing Officer The hearing was called to order at 10:00 a.m. Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Khaled Aloul, owner; and Michael Jon Olson, Executive Director, Hamline Midway Midway Amoco BP: Gas Station, Retail Food (B} — Grocery 101-1000 sq, ft., and Cigarette/Tobacco licenses (Change of ownership) Ms. Vang stated that this is an informal legislarive hearing for a license application. This particular license requires a Class N notification which means that the neighborhood is notified and people have a chance to voice their concems. If anyone has a concem, it automatically triggers a legislative hearing. In this case, the City received one (1) letter from the community, Other Class N licenses include: tattoo parlors, entertainment, second hand dealerships, auto repair, etc.—things that have an immediate impact on the neighborhood. The purpose of today's hearing is to help Ms. Vang prepare her recommendation to the City Council. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may recommend to the City Council that they not issue this license but refer it to an admuustrative law judge far a further hearing and findings. The hearing will begin with a repart from the Deparhnent of Safety and Inspecrions (DSI). Staff will be asked to explain their review of the application and will also explain their recomenda- tion. Next, Ms. Vang will ask the applicant to talk about their business plan. Then, she will hear from people who are here in support of the issuance of the license and those with concerns. At the end of the hearing, she will make a recommendarion for the City Council to consider. Her recommendation will be on the Consent Agenda. The City Council is the final authority on whether the license is approved or denied. Kristina Schweinler, Senior License Inspector, Department of Safety and Inspections (DSI), reported that a Building inspection in not applicable; Environmental Health is under review; Zoning has approved; and Licensing has approved with condiHons. DSI recommends approval with the same conditions that were on the previous license: 1. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendations. The number of cameras, their lo- SS 1 placement and their quality must be approved by SPPD. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and copies of recordings shall be avaffable to SPPD and/or the Department of Safety and Inspections (DSI) staff within twenty-four (24) hours of such a request. 2. The licensee agrees to provide adequate lighting to support the camera placement and to provide sufficient visibility of the premises in accordance with SPPD recommendarions. 3. Licensee agrees to provide and maintain adequate fencing to comply with applicable City Ordinances and to prevent access from the alley to the property. 4. Licensee agrees to limit the car wash hours of operation to between 6:00 a.m. and 10:00 p.m. Ms. Vang asked Mr. Aloul whether he has any questions about the proposed conditions. Mr. Aloul responded that he does not. He explained that the four (4) cameras that had been there were not working, so he installed eight (8) cameras after meeting with SPPD. He also repaired the back fence, improved the lighting and painted. He will continue to improve the property. He is warking with Tom Beach to remodel and expand the whole station to fihe north and west approximately 15 —16 feet. It will be like a totally new facility. They plan to begin the remodeling in August or September of 2010. The facffity will be similar to Super America and Holiday gas stations, approximately 3,000 square feet, includ'mg the car wash. Ms. Vang read the conditions recommended by Hamline Midway Coalition: 1. The licensee shall maintain a clean site, with all trash and litter picked up daily. 2. The licensee shall keep the asphalt on site in good repair. 3. The licensee shall install and maintain new landscaping along the University Avenue and Hamline Avenue sides of the site. Ms. Schweinler added that the landscaping will be addressed with the site plan review and Tom Beach. Ms. Vang asked whether Mr. Aloul's remodeling plans include resurfacing. Mr. Aloul replied that they do but in the meantime, he intends to fill the holes. They p1an to at least keep the pumps open for credit card use during light rail construction along University Avenue. Ms. Vang stated that she will exclude the districYs second and third recommended conditions in light of Mr. Aloul's plans. Mr. Aloul stated that he purchased the business on January 28, 2010. He has another location at 4Vhite Bear and Maryland Avenues. The station is open 24 hours a day. There are two (2) employees on duty unti] about midnight; then, only one (1). A manager is on site on a daily basis. The car wash opens at 6:00 am. and closes at 10:00 p.m. Deliveries come during the day only between 7:00 a.m. and 2:00 p.m. Staff are trained to identify people under eighteen (18). Signs are posted noting that tobacco is not sold to anyone under eighteen (18). There are five (5) or six (6) permanently placed trash receptacles on the outside. Of the eight (8) cameras he has 2 Couucil File # ��" SS � Green Sheet # 3 /� RESOLUTION CITY OF SAINT PAktr MINNESOTA Presented by �S 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for Gas Station, 2 Retail Food (B) — Grocery 101-1000 sq. ft, and Cigarette/Tobacco licenses (I.D. #20100000243) 3(Change of Ownership) for Midway University & Hamline LLC, doing business as Midway Amoco 4 SP, 1347 University Avenue West, be approved with the following conditions: 6 1. The licensee shall provide and maintain working video surveillance cameras and recorders on the 7 premises (both inside and outside) in accordance with Saint Paul Police Deparhnent (SPPD) 8 recommendations. The number of cameras, their placement and their quality must be approved 9 by SPPD. This equipment must be in operation during all business hours. Tapes/recordings must 10 be maintained for a minunum of thirty (30) days, and copies of recordings shall be available to ll SPPD and/or the Department of Safety and Inspections (DSI) staff within twenty-four (24) hours of 12 13 14 15 16 17 18 19 such a request. 2. The licensee agrees to provide adequate lighting to support the camera placement and to provide sufficient visibility of the premises in accordance with SPPD recommendations. 3. Licensee agrees to provide and maintain adequate fencing to comply with applicable City Ordinances and to prevent access from the alley to the property. 4. Licensee agrees to limit the car wash hours of operation to between 6:00 a.m. and 10:00 p.m. 5. The licensee shall maintain a clean site, with all trash and litter picked up daily. 20 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 21 application. 22 Requested by Deparitnent of: Adopted by Council: Date �• Adoption Certified by Co cil Secre By: Ilni ` S Approve by yo Date �' � /O By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet �.��5�� Green Sheet Green Sheet Green Sheet Green Sheet � Department/0fficelCouncii: Date Initiated: co -�°°^°}� 18 MAY 2010 Green Sheet NO: 3111817 ConWct Person & Phone- Deaartment Sent To Person Initial/Date Nhia Vanp o ouncil O 266-8566 1 ooncil De artment Director �' 2 i Clerk CtiN Clerk Must Be on Council Agenda by (Date): Number 3 0 26-MAY-10 For 4 0 Routing Doc.Type:RESOLUTION Order 5 0 E-Document Required: Y Document Contact: �ean Birkholz Contact Phone: 266-8673 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the license application with condidons, per the Deputy Legislative Hearing Officer, for Gas Station, Retail Food (B) - Grocery 101-1000 sq. ft. and Cigarette/Tobacco licenses (I.D. #20100000243) (Change of Ownership) for Midway University & Hamline LLC, doing business as Midway Amoco BP, 1347 University Averme West. Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB CommiHee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm 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: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: CosURevenue Budgeted: Funtling Source: Activity Number: Financial Information: (6cpiain) May 18, 2010 3:16 PM Page 1 tn- ss ► LICENSE HEARING NIINUTES Midway Amoco BP at 1347 University Avenue West Thursday, Apri122, 2010, 10:00 a.m. 330 City Hall,15 Kellogg Boulevard West Nhia Vang, Deputy, Legislative Hearing Officer The hearing was called to order at 10:00 a.m. Staff Present: Kristina Schweinler, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Khaled Aloul, owner; and Michael Jon Olson, Executive Director, Hamline Midway Midway Amoco BP: Gas Station, Retail Food (B} — Grocery 101-1000 sq, ft., and Cigarette/Tobacco licenses (Change of ownership) Ms. Vang stated that this is an informal legislarive hearing for a license application. This particular license requires a Class N notification which means that the neighborhood is notified and people have a chance to voice their concems. If anyone has a concem, it automatically triggers a legislative hearing. In this case, the City received one (1) letter from the community, Other Class N licenses include: tattoo parlors, entertainment, second hand dealerships, auto repair, etc.—things that have an immediate impact on the neighborhood. The purpose of today's hearing is to help Ms. Vang prepare her recommendation to the City Council. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may recommend to the City Council that they not issue this license but refer it to an admuustrative law judge far a further hearing and findings. The hearing will begin with a repart from the Deparhnent of Safety and Inspecrions (DSI). Staff will be asked to explain their review of the application and will also explain their recomenda- tion. Next, Ms. Vang will ask the applicant to talk about their business plan. Then, she will hear from people who are here in support of the issuance of the license and those with concerns. At the end of the hearing, she will make a recommendarion for the City Council to consider. Her recommendation will be on the Consent Agenda. The City Council is the final authority on whether the license is approved or denied. Kristina Schweinler, Senior License Inspector, Department of Safety and Inspections (DSI), reported that a Building inspection in not applicable; Environmental Health is under review; Zoning has approved; and Licensing has approved with condiHons. DSI recommends approval with the same conditions that were on the previous license: 1. The licensee shall provide and maintain working video surveillance cameras and recorders on the premises (both inside and outside) in accordance with Saint Paul Police Department (SPPD) recommendations. The number of cameras, their lo- SS 1 placement and their quality must be approved by SPPD. This equipment must be in operation during all business hours. Tapes/recordings must be maintained for a minimum of thirty (30) days, and copies of recordings shall be avaffable to SPPD and/or the Department of Safety and Inspections (DSI) staff within twenty-four (24) hours of such a request. 2. The licensee agrees to provide adequate lighting to support the camera placement and to provide sufficient visibility of the premises in accordance with SPPD recommendarions. 3. Licensee agrees to provide and maintain adequate fencing to comply with applicable City Ordinances and to prevent access from the alley to the property. 4. Licensee agrees to limit the car wash hours of operation to between 6:00 a.m. and 10:00 p.m. Ms. Vang asked Mr. Aloul whether he has any questions about the proposed conditions. Mr. Aloul responded that he does not. He explained that the four (4) cameras that had been there were not working, so he installed eight (8) cameras after meeting with SPPD. He also repaired the back fence, improved the lighting and painted. He will continue to improve the property. He is warking with Tom Beach to remodel and expand the whole station to fihe north and west approximately 15 —16 feet. It will be like a totally new facility. They plan to begin the remodeling in August or September of 2010. The facffity will be similar to Super America and Holiday gas stations, approximately 3,000 square feet, includ'mg the car wash. Ms. Vang read the conditions recommended by Hamline Midway Coalition: 1. The licensee shall maintain a clean site, with all trash and litter picked up daily. 2. The licensee shall keep the asphalt on site in good repair. 3. The licensee shall install and maintain new landscaping along the University Avenue and Hamline Avenue sides of the site. Ms. Schweinler added that the landscaping will be addressed with the site plan review and Tom Beach. Ms. Vang asked whether Mr. Aloul's remodeling plans include resurfacing. Mr. Aloul replied that they do but in the meantime, he intends to fill the holes. They p1an to at least keep the pumps open for credit card use during light rail construction along University Avenue. Ms. Vang stated that she will exclude the districYs second and third recommended conditions in light of Mr. Aloul's plans. Mr. Aloul stated that he purchased the business on January 28, 2010. He has another location at 4Vhite Bear and Maryland Avenues. The station is open 24 hours a day. There are two (2) employees on duty unti] about midnight; then, only one (1). A manager is on site on a daily basis. The car wash opens at 6:00 am. and closes at 10:00 p.m. Deliveries come during the day only between 7:00 a.m. and 2:00 p.m. Staff are trained to identify people under eighteen (18). Signs are posted noting that tobacco is not sold to anyone under eighteen (18). There are five (5) or six (6) permanently placed trash receptacles on the outside. Of the eight (8) cameras he has 2