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98-707�������� rre�nr�a ty Referred To RESOLUTiOfV SAII�rT P INNESOTA � Council File # 9S _ � O� Green Sheet # � \ \ [`l 3�' Committee Date 1 RESOLVED, that application (ID #19980001476) for a Cras Station, Grocery (C), Restaurant (D), 2 CigarettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand 3 Avenue is hereby approved; and 4 FURTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following conditions: pick up litter once a day and post the noise ordinance. Requested by Department of. Adoption Ce ' by Council By: C�-� ' Approved by r: ate By: � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Adogted by Council: �axe %�.. .,y'. //�9 9 s/ Council Offices Gerry Strathman, 266-8575 Allg11St 5� DAh �NRIA 7-29-98 11I1MBER FOR ROUTING ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET oo�rt�r owrsra� �S-2oR �+o s2110 maWUOm. an�ca.�u. ❑ GIYATiO4EY ❑ LIIYC{iMK ❑ RLWCL1LiE0.NCFSGiL ❑ RMNI'JLLtFRV/�CCiO ❑1111YORfatwaqSlANi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application foi a Gas Station, Grocexy-C, Restaurant (D), CigaretteJTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION SOURCE ���a:z.i�a. 1NIFL OF TRANSACTION S F1as mts persorJfirm eoer wakee urMer a contract ror mie aeaartmem? YES NO Has this peraoNfirm e�.er be�m a aty empbyee7 VES NO Does this perswufirtn P� a sldN not nomialb7� M' any curtent aly emG�M'ee? YES NO Is �his persoNfrm a targeted vendoR YES NO COST/REVENUE BUD6ETED (CIRCLE ON� ACTNITYNUMBEft YES NO f�NM • ' ' ' I!I I I i l I i l i i � � i I' � � i i i� i :i i� � � ROUTING ORDER. � � � � � � � � � �� � '' � �� � � � , � � � �, � . . :, , . . , oiv � Be1 aze coirect mahn for the suc �st I �doc��is � � � �.. � �&� � � fi'equenttS"Pe�� � �� � ���� � � . . �, . � coivx�czs (� ��.�atmd�c ��=' cou�rcu.yxESOLVTTOrr (�abn�%t �) i: o�a�y t �p�tni�� ' ��p���tn��t � � � � z. o�ce�of�` '' 's����� ��� � �� � � � 3'(StyAUane� ��� � � � 3 Crty�tthomey � � � � 4���faycelAQCia�r(f�' �cont�acteova$25,OOQj 4.1�i�ayorlA�t�;! � � � � � 5. FI�an Itj � � � � � l ; � � � � 'gii� (for conhacts o�u $50,000) � 5 Ciiy,�o�1 � � ' ' � � � � � �� � � � 6_ Office ofFinaneial: Sctvices,- AcconotinS ,' 6 Office o€Fmm�cial Servses''Accouotrog e� l nni�as��,ox�Eas��i��> cotfricu.�so�:v;rioz�f$u��aoia��� z. �ner�t. ; • � n�offitaot" i ��€'n,� _ 2 c �� ''' . i. r�n� ne�ment D,rector . 3 Office . • � ��� ofFro�nc�a6 Savices L7�tecton 3 1v�ayb7/A�ant� r � � 4- Cil�' CYerk '' �; � �`�' �� 4 Citg Co�l. .. . � � 5: Office ofFmsncial Se�vices -lreeamting . "ADMINIS1T2r?:TTVE ORI�E[2$'(all ottius) , EXECil'lEVE ORDER . , � � � 1 IpepmfineuhDaeetoi � ' � ' � , 1 De�ffitment "D�e,ctor ' '� � , , , , _ , Z� Ci(y Attqmeq 2. CiLy AUanep �, � i' g: 0ffiee��F' � �ialS�vice.sDuector' 3: /, � �', � �� � . � � � � � ��� � �� � � � , �� , „ , d: �City Cieilc' � , d ' Citg"�terk , r,: � � , '° TOT�iLNC7MBEI�OF SIGNAITJRE�PAGES , � � � �� � � � ��� � �'� � � � � � Indicate the #, o£pages on wbich sigoa4�ues are required aadBa�erc6P u� ftag each of fhege pages; � � � , , '�+' � �� � �� � � � � AG�TIOI+IREQUESTED��,��', �� ' � ;` � i' � � ��� IJesciibewhatYhepro�ecUrgquestseekstoaccom�3ishmeztherchronoYog�cetorderoroider��mportane�wfucheveh'as I ', mostappmlmatefoXtheissae Donotw�itecompiet�se�ences,;Begmeachrt'emm ,yom'l�trvn8kavab , �_ � . . . � .,�: , � �� � � � `�' , � � " � ��., � � � ��BECOIwIlNELJ�ATION���'���� � � �� y ��� � Completeifthe'issueinqaes[ionh�asbeen�resen(edliefo�eaaY�Y Pnbkcorpnvate.''�, � „ (PERSONt1L' SERVICE CQIVTRACTSr„ � " � Thisinfocmationwillbe'nsed,todeteiminethecity'sflabilt[y�orworkecs 'compeosaaonclaims,taces'andproper,crtnl seiviee hiring rules. , i' INITtt`iTfNGPROBLIIv; ISSUE, OPPOR'TUNi'FY I'' � �,. ! � ' ' � � ��'� „ $ lainlHesid�tionorcondihonsfhat �ed�for� ect xP creafed a �o�.ptq orreq�esk � � �� ��� � �� � � ���� �� .,�., � � � �.� . � � � . ����� � � � �� ;� AD�FAb]'FAGES�IF AEP,ROVID' whichHie�SawtP�aocl �willbene6t3rom� ecYlachAchmtesorwbetfie�there'�esp�tfic,a'aysm'I � �� . ; ,, �� i' � � � �Y, P� on. � �� �gaheve� �maaaS�cetqe�ois4n&or,PastPmccssesmtShtflus���pc°duce P, � tYD�TANfA � a, Wh� � �E�tis assed � � � �, Ce-& �� , �� , , ' ,, bISt1UVANTAGES IF NUT APPROi7ED WLaY w7i be.t1�'cegatiire,c� �the promised ach� Ls not appro�`� InabHd}rta defiver ',service? Gontmue � i . ser lugh'4effiq noise„aceidenf'aate7 I:apsofreuenue? ' � �� � ' FINANCfAL I[NPttiCT A1t�haugh You �iist tala� the m�omrafron yon provide l�erc to�the issae�rou are addmss�ng m g�ecalyou'must auswea , iRV q�tons:,$ow mucit is it �ingto oosl`I W�o is gotng to �ay2 � � � � � ��, , , . , � � � � � , . � ��.� � � , „ „ � �� . „ � � , � , ' � , , � � � � � �i� ��. . � � � � � � � � � � � � i i � � � �,. , , � ' . � ��� i � � i , , , � u , � � ��� ,���: i ��. �� � I Z��ii� hiv ��� il' I�rri�� ,��� I i, i' a I .i,n � i :�i. i I r'i�nl .� i.,i�J i, i o.nVll I, ,, b�.l� �I.�, v ��'.' I i,n�, ❑L�Y�� I tv.,�.�ii� r7 .^�� �� ���'�i vl}• �0�� J,�`ISI i.. lrii �.� �T.Y u , fl�d; °t8',1 o�t NIII�iUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SNIITH AVENLTE SOUTH, 925 GRANB AVENLJB, 296 SEVENTH STREET EAST, 970 UNIVERSTTY AVENLTE WEST Room 330, City Hall Gerry Strathman, L.egisla6ve Hearing Officer STAF'F PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman cailed the meeting to order at 10:00 a.m. 577 Smith Avenue South 7ulie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is somefimes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging azound the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for guiet hours between 10:00 a.m. and 6:00 a.m. with no gazbage pickup during those hours. Ms. Binko feels the business should be closely monitored. She has sent letters to the stare and has received responses that the problems will not happen again. Gerry Strathman stated he has received Julie Binko's letter. Frederica Musgrave, 568 Smith Avenue South, appeared and stated most people do not think the store should be open all night. Ms. Musgrave cannot sleep at night with her windows open. She can hear the store radio from three blocks away. Ms. Musgrave would prefer that this SuperAmerica not be open before 5:�0 a.m. If she cannot have that, she w�uld prefer that the deliveries not be made in the middle of the night because it can be noisy. There needs to be more cleanup done at the store. The gutter is blocked with litter, and litter from the store spreads to the rest of the neighborhood. The sidewalk need to be swept more and shoveled in the winter. Policies aze not posted and known to the employees. Tf there are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Strathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on a8-1o'1 SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding community. Copies of the letters from 3ulie Binko and Paul Kunik were previously sent to SuperAmerica management. Gerry Strathman asked were there any conditions on the license. Kris Schweinler responded there were none. Mazk Erickson, Area Manager, appeared. He thanked the neighbors for their feedback. Mr. Erickson stated this SuperAmerica just changed iYs hours to close at midnight. Last night was the first night for this change. Mr. Erickson was there because he knew there would be some customers thak came at midnight and would want to use the store. The closing was done for economic reasons, mainly because the Wabasha Street bridge just opened July 15 and that will pull away some traffic. Also, there is a Holiday store neazby that is open 24 hours a day. Gerry Strathman asked when this SuperAmerica opens. Mr. Erickson responded 5:00 a.m. Monday through Friday and 630 a.m. on Saturday and Sunday. Mr. Erickson has tried to do what he can to curb the noise. There aze two signs posted now: one is for no loitering and the other is for no more than three minors in the stare at one time. As for trash pickup, the dumpster is padlocked because people were putting things in it. The trash hauler cannot pick up without store personnel at the store now. Furthermore, trash haulers have been instructed to not pick up before 7:00 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to Julie Binko, Frederico Musgrave, and Paul Kunik. The card has his pager number on it. Mr. Erickson stated he lives in West St. Paul but picks up his mail at this SuperAmerica. It is not the closest one he manages, but he likes to see what goes on in the store at night. Mr. Erickson has been the azea manager for 577 Smith Avenue South for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gezry Strathman asked about the customer litter. Gary Erickson stated the employees are told to park on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 pm. and 5:00 a.m. far about three years now. Gerry Strathman asked would Mr. Erickson be amiable to having a restriction that the store will not operate between 12:00 a.m. and 5:30 a.m. Mr. Erickson stated he does not want to be locked into that because if Sznith Avenue changes and other businesses aze able to open 24 hours, SuperAmerica may need to compete. Empioyees from United Hospital going to and from work was one reason this SuperAmerica was open all night. Mr. Strathman asked about conditions on the license for not having deliveries at night. Mr. Erickson responded that would be fine. Gerry Strathman asked were there any complaints against the license to date. Kristina Schweinler responded LIEP has not received any complaints against this license. Frederica 9g-'��`1 SUPERAMERICA L.EGISLATIVE HEARING MINUTES OF 7-16-98 Page 3 Musgrave stated she has compiained. Ms. Schweinier stated no complaints have been directed to LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler responded adverse acrions aze not based on the number of police calls. It is when police calls are not received that adverse action is started because it shows the business is not participating in eliminating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foilowing condition: there will not be deliveries between midnight and 6:00 a.m. 925 Grand Avenue Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council, appeared and stated since the Planning Council did not heaz any complaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's hearing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the board use this SuperAmerica because it is the only gas station for miles azound. Some business owners called the office and said this SuperAmerica has been an asset. The Planning Council felt the store could do a better job with the litter and the noise in the area. The Planning Council discussed with Nancy Healy the possibility of hiring an off duty police officer. Ms. Healy said this would be considered. The Planning Council recommends approval with some conditions: patrolling the azea for litter each day and posting the noise ardinance in a visible location. Gerry Strathman stated he received one letter from Mazk Peschel objecting to the issuance of this license. This letter deals largely with the issues just discussed. A copy of this letter was previously sent to SuperAmerica management. Nancy Healy, azea manager, appeared and stated SuperAmerica has agreed to monitor the trash on a daily basis, a sign has been made to post the noise ordinance, and customers will be asked to turn down their radios. Hiring a security guazd at the store would not eliminate the problems of the neighbor that complained at the meeting. That neighbor's problems oc:,ur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posting the noise ordinance. Nancy Hea1y responded she would agree to that. Gerry Strathman recommends approval of the license at 925 Grand Avenue with the following condition: pick up litter once a day and post the noise ordinance. �[�-'ld`l SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 4 296 Seventh Street East Gerry Strathman stated he received two letters from Roger Needels of Needels 7anitor Supply objecting to the selling of beer at this store. Mr. Strathman was unawaze ef City ordinances that limits the products SuperAmerica is selling. He asked did SuperAmerica have a license for malt beer. Nancy Healy responded this location has a license for 3.2 malt liguor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this 5uperAmerica does not sell anything illegal at the store. A copy of this letter was previously sent to SuperAmerica management. Gerry Strathman recommends approval of the license at 296 5eventh Street East citing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouarda and Jean Opatmy, 962 Sherbume; a letter from Nancy Berry, 971 Aurora; and a letter from Gerald Manion, 976 Sherburne. The letters deal with many of the same issues: litters, noise, traffic. Copies of these letters were previously sent to SuperAmerica management. Brad Morris, area manager, appeared and stated they are picking up litter in the neighborhood. Some trash cans have been supplied to area businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There are people that enter the lot with their stereos loud and people drive down the street with their stereos loud. SuperAmerica will do what they can. Personnel try not to confront customers, but wili ask them to turn down their stereos if it is very excessive. Police have been called if customers are loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to clean up the litter once a day. Brad Morris stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjoumed at 10:52 a.m. �������� rre�nr�a ty Referred To RESOLUTiOfV SAII�rT P INNESOTA � Council File # 9S _ � O� Green Sheet # � \ \ [`l 3�' Committee Date 1 RESOLVED, that application (ID #19980001476) for a Cras Station, Grocery (C), Restaurant (D), 2 CigarettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand 3 Avenue is hereby approved; and 4 FURTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following conditions: pick up litter once a day and post the noise ordinance. Requested by Department of. Adoption Ce ' by Council By: C�-� ' Approved by r: ate By: � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Adogted by Council: �axe %�.. .,y'. //�9 9 s/ Council Offices Gerry Strathman, 266-8575 Allg11St 5� DAh �NRIA 7-29-98 11I1MBER FOR ROUTING ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET oo�rt�r owrsra� �S-2oR �+o s2110 maWUOm. an�ca.�u. ❑ GIYATiO4EY ❑ LIIYC{iMK ❑ RLWCL1LiE0.NCFSGiL ❑ RMNI'JLLtFRV/�CCiO ❑1111YORfatwaqSlANi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application foi a Gas Station, Grocexy-C, Restaurant (D), CigaretteJTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION SOURCE ���a:z.i�a. 1NIFL OF TRANSACTION S F1as mts persorJfirm eoer wakee urMer a contract ror mie aeaartmem? YES NO Has this peraoNfirm e�.er be�m a aty empbyee7 VES NO Does this perswufirtn P� a sldN not nomialb7� M' any curtent aly emG�M'ee? YES NO Is �his persoNfrm a targeted vendoR YES NO COST/REVENUE BUD6ETED (CIRCLE ON� ACTNITYNUMBEft YES NO f�NM • ' ' ' I!I I I i l I i l i i � � i I' � � i i i� i :i i� � � ROUTING ORDER. � � � � � � � � � �� � '' � �� � � � , � � � �, � . . :, , . . , oiv � Be1 aze coirect mahn for the suc �st I �doc��is � � � �.. � �&� � � fi'equenttS"Pe�� � �� � ���� � � . . �, . � coivx�czs (� ��.�atmd�c ��=' cou�rcu.yxESOLVTTOrr (�abn�%t �) i: o�a�y t �p�tni�� ' ��p���tn��t � � � � z. o�ce�of�` '' 's����� ��� � �� � � � 3'(StyAUane� ��� � � � 3 Crty�tthomey � � � � 4���faycelAQCia�r(f�' �cont�acteova$25,OOQj 4.1�i�ayorlA�t�;! � � � � � 5. FI�an Itj � � � � � l ; � � � � 'gii� (for conhacts o�u $50,000) � 5 Ciiy,�o�1 � � ' ' � � � � � �� � � � 6_ Office ofFinaneial: Sctvices,- AcconotinS ,' 6 Office o€Fmm�cial Servses''Accouotrog e� l nni�as��,ox�Eas��i��> cotfricu.�so�:v;rioz�f$u��aoia��� z. �ner�t. ; • � n�offitaot" i ��€'n,� _ 2 c �� ''' . i. r�n� ne�ment D,rector . 3 Office . • � ��� ofFro�nc�a6 Savices L7�tecton 3 1v�ayb7/A�ant� r � � 4- Cil�' CYerk '' �; � �`�' �� 4 Citg Co�l. .. . � � 5: Office ofFmsncial Se�vices -lreeamting . "ADMINIS1T2r?:TTVE ORI�E[2$'(all ottius) , EXECil'lEVE ORDER . , � � � 1 IpepmfineuhDaeetoi � ' � ' � , 1 De�ffitment "D�e,ctor ' '� � , , , , _ , Z� Ci(y Attqmeq 2. CiLy AUanep �, � i' g: 0ffiee��F' � �ialS�vice.sDuector' 3: /, � �', � �� � . � � � � � ��� � �� � � � , �� , „ , d: �City Cieilc' � , d ' Citg"�terk , r,: � � , '° TOT�iLNC7MBEI�OF SIGNAITJRE�PAGES , � � � �� � � � ��� � �'� � � � � � Indicate the #, o£pages on wbich sigoa4�ues are required aadBa�erc6P u� ftag each of fhege pages; � � � , , '�+' � �� � �� � � � � AG�TIOI+IREQUESTED��,��', �� ' � ;` � i' � � ��� IJesciibewhatYhepro�ecUrgquestseekstoaccom�3ishmeztherchronoYog�cetorderoroider��mportane�wfucheveh'as I ', mostappmlmatefoXtheissae Donotw�itecompiet�se�ences,;Begmeachrt'emm ,yom'l�trvn8kavab , �_ � . . . � .,�: , � �� � � � `�' , � � " � ��., � � � ��BECOIwIlNELJ�ATION���'���� � � �� y ��� � Completeifthe'issueinqaes[ionh�asbeen�resen(edliefo�eaaY�Y Pnbkcorpnvate.''�, � „ (PERSONt1L' SERVICE CQIVTRACTSr„ � " � Thisinfocmationwillbe'nsed,todeteiminethecity'sflabilt[y�orworkecs 'compeosaaonclaims,taces'andproper,crtnl seiviee hiring rules. , i' INITtt`iTfNGPROBLIIv; ISSUE, OPPOR'TUNi'FY I'' � �,. ! � ' ' � � ��'� „ $ lainlHesid�tionorcondihonsfhat �ed�for� ect xP creafed a �o�.ptq orreq�esk � � �� ��� � �� � � ���� �� .,�., � � � �.� . � � � . ����� � � � �� ;� AD�FAb]'FAGES�IF AEP,ROVID' whichHie�SawtP�aocl �willbene6t3rom� ecYlachAchmtesorwbetfie�there'�esp�tfic,a'aysm'I � �� . ; ,, �� i' � � � �Y, P� on. � �� �gaheve� �maaaS�cetqe�ois4n&or,PastPmccssesmtShtflus���pc°duce P, � tYD�TANfA � a, Wh� � �E�tis assed � � � �, Ce-& �� , �� , , ' ,, bISt1UVANTAGES IF NUT APPROi7ED WLaY w7i be.t1�'cegatiire,c� �the promised ach� Ls not appro�`� InabHd}rta defiver ',service? Gontmue � i . ser lugh'4effiq noise„aceidenf'aate7 I:apsofreuenue? ' � �� � ' FINANCfAL I[NPttiCT A1t�haugh You �iist tala� the m�omrafron yon provide l�erc to�the issae�rou are addmss�ng m g�ecalyou'must auswea , iRV q�tons:,$ow mucit is it �ingto oosl`I W�o is gotng to �ay2 � � � � � ��, , , . , � � � � � , . � ��.� � � , „ „ � �� . „ � � , � , ' � , , � � � � � �i� ��. . � � � � � � � � � � � � i i � � � �,. , , � ' . � ��� i � � i , , , � u , � � ��� ,���: i ��. �� � I Z��ii� hiv ��� il' I�rri�� ,��� I i, i' a I .i,n � i :�i. i I r'i�nl .� i.,i�J i, i o.nVll I, ,, b�.l� �I.�, v ��'.' I i,n�, ❑L�Y�� I tv.,�.�ii� r7 .^�� �� ���'�i vl}• �0�� J,�`ISI i.. lrii �.� �T.Y u , fl�d; °t8',1 o�t NIII�iUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SNIITH AVENLTE SOUTH, 925 GRANB AVENLJB, 296 SEVENTH STREET EAST, 970 UNIVERSTTY AVENLTE WEST Room 330, City Hall Gerry Strathman, L.egisla6ve Hearing Officer STAF'F PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman cailed the meeting to order at 10:00 a.m. 577 Smith Avenue South 7ulie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is somefimes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging azound the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for guiet hours between 10:00 a.m. and 6:00 a.m. with no gazbage pickup during those hours. Ms. Binko feels the business should be closely monitored. She has sent letters to the stare and has received responses that the problems will not happen again. Gerry Strathman stated he has received Julie Binko's letter. Frederica Musgrave, 568 Smith Avenue South, appeared and stated most people do not think the store should be open all night. Ms. Musgrave cannot sleep at night with her windows open. She can hear the store radio from three blocks away. Ms. Musgrave would prefer that this SuperAmerica not be open before 5:�0 a.m. If she cannot have that, she w�uld prefer that the deliveries not be made in the middle of the night because it can be noisy. There needs to be more cleanup done at the store. The gutter is blocked with litter, and litter from the store spreads to the rest of the neighborhood. The sidewalk need to be swept more and shoveled in the winter. Policies aze not posted and known to the employees. Tf there are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Strathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on a8-1o'1 SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding community. Copies of the letters from 3ulie Binko and Paul Kunik were previously sent to SuperAmerica management. Gerry Strathman asked were there any conditions on the license. Kris Schweinler responded there were none. Mazk Erickson, Area Manager, appeared. He thanked the neighbors for their feedback. Mr. Erickson stated this SuperAmerica just changed iYs hours to close at midnight. Last night was the first night for this change. Mr. Erickson was there because he knew there would be some customers thak came at midnight and would want to use the store. The closing was done for economic reasons, mainly because the Wabasha Street bridge just opened July 15 and that will pull away some traffic. Also, there is a Holiday store neazby that is open 24 hours a day. Gerry Strathman asked when this SuperAmerica opens. Mr. Erickson responded 5:00 a.m. Monday through Friday and 630 a.m. on Saturday and Sunday. Mr. Erickson has tried to do what he can to curb the noise. There aze two signs posted now: one is for no loitering and the other is for no more than three minors in the stare at one time. As for trash pickup, the dumpster is padlocked because people were putting things in it. The trash hauler cannot pick up without store personnel at the store now. Furthermore, trash haulers have been instructed to not pick up before 7:00 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to Julie Binko, Frederico Musgrave, and Paul Kunik. The card has his pager number on it. Mr. Erickson stated he lives in West St. Paul but picks up his mail at this SuperAmerica. It is not the closest one he manages, but he likes to see what goes on in the store at night. Mr. Erickson has been the azea manager for 577 Smith Avenue South for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gezry Strathman asked about the customer litter. Gary Erickson stated the employees are told to park on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 pm. and 5:00 a.m. far about three years now. Gerry Strathman asked would Mr. Erickson be amiable to having a restriction that the store will not operate between 12:00 a.m. and 5:30 a.m. Mr. Erickson stated he does not want to be locked into that because if Sznith Avenue changes and other businesses aze able to open 24 hours, SuperAmerica may need to compete. Empioyees from United Hospital going to and from work was one reason this SuperAmerica was open all night. Mr. Strathman asked about conditions on the license for not having deliveries at night. Mr. Erickson responded that would be fine. Gerry Strathman asked were there any complaints against the license to date. Kristina Schweinler responded LIEP has not received any complaints against this license. Frederica 9g-'��`1 SUPERAMERICA L.EGISLATIVE HEARING MINUTES OF 7-16-98 Page 3 Musgrave stated she has compiained. Ms. Schweinier stated no complaints have been directed to LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler responded adverse acrions aze not based on the number of police calls. It is when police calls are not received that adverse action is started because it shows the business is not participating in eliminating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foilowing condition: there will not be deliveries between midnight and 6:00 a.m. 925 Grand Avenue Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council, appeared and stated since the Planning Council did not heaz any complaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's hearing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the board use this SuperAmerica because it is the only gas station for miles azound. Some business owners called the office and said this SuperAmerica has been an asset. The Planning Council felt the store could do a better job with the litter and the noise in the area. The Planning Council discussed with Nancy Healy the possibility of hiring an off duty police officer. Ms. Healy said this would be considered. The Planning Council recommends approval with some conditions: patrolling the azea for litter each day and posting the noise ardinance in a visible location. Gerry Strathman stated he received one letter from Mazk Peschel objecting to the issuance of this license. This letter deals largely with the issues just discussed. A copy of this letter was previously sent to SuperAmerica management. Nancy Healy, azea manager, appeared and stated SuperAmerica has agreed to monitor the trash on a daily basis, a sign has been made to post the noise ordinance, and customers will be asked to turn down their radios. Hiring a security guazd at the store would not eliminate the problems of the neighbor that complained at the meeting. That neighbor's problems oc:,ur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posting the noise ordinance. Nancy Hea1y responded she would agree to that. Gerry Strathman recommends approval of the license at 925 Grand Avenue with the following condition: pick up litter once a day and post the noise ordinance. �[�-'ld`l SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 4 296 Seventh Street East Gerry Strathman stated he received two letters from Roger Needels of Needels 7anitor Supply objecting to the selling of beer at this store. Mr. Strathman was unawaze ef City ordinances that limits the products SuperAmerica is selling. He asked did SuperAmerica have a license for malt beer. Nancy Healy responded this location has a license for 3.2 malt liguor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this 5uperAmerica does not sell anything illegal at the store. A copy of this letter was previously sent to SuperAmerica management. Gerry Strathman recommends approval of the license at 296 5eventh Street East citing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouarda and Jean Opatmy, 962 Sherbume; a letter from Nancy Berry, 971 Aurora; and a letter from Gerald Manion, 976 Sherburne. The letters deal with many of the same issues: litters, noise, traffic. Copies of these letters were previously sent to SuperAmerica management. Brad Morris, area manager, appeared and stated they are picking up litter in the neighborhood. Some trash cans have been supplied to area businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There are people that enter the lot with their stereos loud and people drive down the street with their stereos loud. SuperAmerica will do what they can. Personnel try not to confront customers, but wili ask them to turn down their stereos if it is very excessive. Police have been called if customers are loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to clean up the litter once a day. Brad Morris stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjoumed at 10:52 a.m. �������� rre�nr�a ty Referred To RESOLUTiOfV SAII�rT P INNESOTA � Council File # 9S _ � O� Green Sheet # � \ \ [`l 3�' Committee Date 1 RESOLVED, that application (ID #19980001476) for a Cras Station, Grocery (C), Restaurant (D), 2 CigarettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand 3 Avenue is hereby approved; and 4 FURTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following conditions: pick up litter once a day and post the noise ordinance. Requested by Department of. Adoption Ce ' by Council By: C�-� ' Approved by r: ate By: � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Adogted by Council: �axe %�.. .,y'. //�9 9 s/ Council Offices Gerry Strathman, 266-8575 Allg11St 5� DAh �NRIA 7-29-98 11I1MBER FOR ROUTING ORDER TOTAL # OF SIGNATURE PAGES GREEN SHEET oo�rt�r owrsra� �S-2oR �+o s2110 maWUOm. an�ca.�u. ❑ GIYATiO4EY ❑ LIIYC{iMK ❑ RLWCL1LiE0.NCFSGiL ❑ RMNI'JLLtFRV/�CCiO ❑1111YORfatwaqSlANi) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application foi a Gas Station, Grocexy-C, Restaurant (D), CigaretteJTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 925 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION SOURCE ���a:z.i�a. 1NIFL OF TRANSACTION S F1as mts persorJfirm eoer wakee urMer a contract ror mie aeaartmem? YES NO Has this peraoNfirm e�.er be�m a aty empbyee7 VES NO Does this perswufirtn P� a sldN not nomialb7� M' any curtent aly emG�M'ee? YES NO Is �his persoNfrm a targeted vendoR YES NO COST/REVENUE BUD6ETED (CIRCLE ON� ACTNITYNUMBEft YES NO f�NM • ' ' ' I!I I I i l I i l i i � � i I' � � i i i� i :i i� � � ROUTING ORDER. � � � � � � � � � �� � '' � �� � � � , � � � �, � . . :, , . . , oiv � Be1 aze coirect mahn for the suc �st I �doc��is � � � �.. � �&� � � fi'equenttS"Pe�� � �� � ���� � � . . �, . � coivx�czs (� ��.�atmd�c ��=' cou�rcu.yxESOLVTTOrr (�abn�%t �) i: o�a�y t �p�tni�� ' ��p���tn��t � � � � z. o�ce�of�` '' 's����� ��� � �� � � � 3'(StyAUane� ��� � � � 3 Crty�tthomey � � � � 4���faycelAQCia�r(f�' �cont�acteova$25,OOQj 4.1�i�ayorlA�t�;! � � � � � 5. FI�an Itj � � � � � l ; � � � � 'gii� (for conhacts o�u $50,000) � 5 Ciiy,�o�1 � � ' ' � � � � � �� � � � 6_ Office ofFinaneial: Sctvices,- AcconotinS ,' 6 Office o€Fmm�cial Servses''Accouotrog e� l nni�as��,ox�Eas��i��> cotfricu.�so�:v;rioz�f$u��aoia��� z. �ner�t. ; • � n�offitaot" i ��€'n,� _ 2 c �� ''' . i. r�n� ne�ment D,rector . 3 Office . • � ��� ofFro�nc�a6 Savices L7�tecton 3 1v�ayb7/A�ant� r � � 4- Cil�' CYerk '' �; � �`�' �� 4 Citg Co�l. .. . � � 5: Office ofFmsncial Se�vices -lreeamting . "ADMINIS1T2r?:TTVE ORI�E[2$'(all ottius) , EXECil'lEVE ORDER . , � � � 1 IpepmfineuhDaeetoi � ' � ' � , 1 De�ffitment "D�e,ctor ' '� � , , , , _ , Z� Ci(y Attqmeq 2. CiLy AUanep �, � i' g: 0ffiee��F' � �ialS�vice.sDuector' 3: /, � �', � �� � . � � � � � ��� � �� � � � , �� , „ , d: �City Cieilc' � , d ' Citg"�terk , r,: � � , '° TOT�iLNC7MBEI�OF SIGNAITJRE�PAGES , � � � �� � � � ��� � �'� � � � � � Indicate the #, o£pages on wbich sigoa4�ues are required aadBa�erc6P u� ftag each of fhege pages; � � � , , '�+' � �� � �� � � � � AG�TIOI+IREQUESTED��,��', �� ' � ;` � i' � � ��� IJesciibewhatYhepro�ecUrgquestseekstoaccom�3ishmeztherchronoYog�cetorderoroider��mportane�wfucheveh'as I ', mostappmlmatefoXtheissae Donotw�itecompiet�se�ences,;Begmeachrt'emm ,yom'l�trvn8kavab , �_ � . . . � .,�: , � �� � � � `�' , � � " � ��., � � � ��BECOIwIlNELJ�ATION���'���� � � �� y ��� � Completeifthe'issueinqaes[ionh�asbeen�resen(edliefo�eaaY�Y Pnbkcorpnvate.''�, � „ (PERSONt1L' SERVICE CQIVTRACTSr„ � " � Thisinfocmationwillbe'nsed,todeteiminethecity'sflabilt[y�orworkecs 'compeosaaonclaims,taces'andproper,crtnl seiviee hiring rules. , i' INITtt`iTfNGPROBLIIv; ISSUE, OPPOR'TUNi'FY I'' � �,. ! � ' ' � � ��'� „ $ lainlHesid�tionorcondihonsfhat �ed�for� ect xP creafed a �o�.ptq orreq�esk � � �� ��� � �� � � ���� �� .,�., � � � �.� . � � � . ����� � � � �� ;� AD�FAb]'FAGES�IF AEP,ROVID' whichHie�SawtP�aocl �willbene6t3rom� ecYlachAchmtesorwbetfie�there'�esp�tfic,a'aysm'I � �� . ; ,, �� i' � � � �Y, P� on. � �� �gaheve� �maaaS�cetqe�ois4n&or,PastPmccssesmtShtflus���pc°duce P, � tYD�TANfA � a, Wh� � �E�tis assed � � � �, Ce-& �� , �� , , ' ,, bISt1UVANTAGES IF NUT APPROi7ED WLaY w7i be.t1�'cegatiire,c� �the promised ach� Ls not appro�`� InabHd}rta defiver ',service? Gontmue � i . ser lugh'4effiq noise„aceidenf'aate7 I:apsofreuenue? ' � �� � ' FINANCfAL I[NPttiCT A1t�haugh You �iist tala� the m�omrafron yon provide l�erc to�the issae�rou are addmss�ng m g�ecalyou'must auswea , iRV q�tons:,$ow mucit is it �ingto oosl`I W�o is gotng to �ay2 � � � � � ��, , , . , � � � � � , . � ��.� � � , „ „ � �� . „ � � , � , ' � , , � � � � � �i� ��. . � � � � � � � � � � � � i i � � � �,. , , � ' . � ��� i � � i , , , � u , � � ��� ,���: i ��. �� � I Z��ii� hiv ��� il' I�rri�� ,��� I i, i' a I .i,n � i :�i. i I r'i�nl .� i.,i�J i, i o.nVll I, ,, b�.l� �I.�, v ��'.' I i,n�, ❑L�Y�� I tv.,�.�ii� r7 .^�� �� ���'�i vl}• �0�� J,�`ISI i.. lrii �.� �T.Y u , fl�d; °t8',1 o�t NIII�iUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SNIITH AVENLTE SOUTH, 925 GRANB AVENLJB, 296 SEVENTH STREET EAST, 970 UNIVERSTTY AVENLTE WEST Room 330, City Hall Gerry Strathman, L.egisla6ve Hearing Officer STAF'F PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman cailed the meeting to order at 10:00 a.m. 577 Smith Avenue South 7ulie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is somefimes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging azound the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for guiet hours between 10:00 a.m. and 6:00 a.m. with no gazbage pickup during those hours. Ms. Binko feels the business should be closely monitored. She has sent letters to the stare and has received responses that the problems will not happen again. Gerry Strathman stated he has received Julie Binko's letter. Frederica Musgrave, 568 Smith Avenue South, appeared and stated most people do not think the store should be open all night. Ms. Musgrave cannot sleep at night with her windows open. She can hear the store radio from three blocks away. Ms. Musgrave would prefer that this SuperAmerica not be open before 5:�0 a.m. If she cannot have that, she w�uld prefer that the deliveries not be made in the middle of the night because it can be noisy. There needs to be more cleanup done at the store. The gutter is blocked with litter, and litter from the store spreads to the rest of the neighborhood. The sidewalk need to be swept more and shoveled in the winter. Policies aze not posted and known to the employees. Tf there are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Strathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on a8-1o'1 SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding community. Copies of the letters from 3ulie Binko and Paul Kunik were previously sent to SuperAmerica management. Gerry Strathman asked were there any conditions on the license. Kris Schweinler responded there were none. Mazk Erickson, Area Manager, appeared. He thanked the neighbors for their feedback. Mr. Erickson stated this SuperAmerica just changed iYs hours to close at midnight. Last night was the first night for this change. Mr. Erickson was there because he knew there would be some customers thak came at midnight and would want to use the store. The closing was done for economic reasons, mainly because the Wabasha Street bridge just opened July 15 and that will pull away some traffic. Also, there is a Holiday store neazby that is open 24 hours a day. Gerry Strathman asked when this SuperAmerica opens. Mr. Erickson responded 5:00 a.m. Monday through Friday and 630 a.m. on Saturday and Sunday. Mr. Erickson has tried to do what he can to curb the noise. There aze two signs posted now: one is for no loitering and the other is for no more than three minors in the stare at one time. As for trash pickup, the dumpster is padlocked because people were putting things in it. The trash hauler cannot pick up without store personnel at the store now. Furthermore, trash haulers have been instructed to not pick up before 7:00 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to Julie Binko, Frederico Musgrave, and Paul Kunik. The card has his pager number on it. Mr. Erickson stated he lives in West St. Paul but picks up his mail at this SuperAmerica. It is not the closest one he manages, but he likes to see what goes on in the store at night. Mr. Erickson has been the azea manager for 577 Smith Avenue South for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gezry Strathman asked about the customer litter. Gary Erickson stated the employees are told to park on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 pm. and 5:00 a.m. far about three years now. Gerry Strathman asked would Mr. Erickson be amiable to having a restriction that the store will not operate between 12:00 a.m. and 5:30 a.m. Mr. Erickson stated he does not want to be locked into that because if Sznith Avenue changes and other businesses aze able to open 24 hours, SuperAmerica may need to compete. Empioyees from United Hospital going to and from work was one reason this SuperAmerica was open all night. Mr. Strathman asked about conditions on the license for not having deliveries at night. Mr. Erickson responded that would be fine. Gerry Strathman asked were there any complaints against the license to date. Kristina Schweinler responded LIEP has not received any complaints against this license. Frederica 9g-'��`1 SUPERAMERICA L.EGISLATIVE HEARING MINUTES OF 7-16-98 Page 3 Musgrave stated she has compiained. Ms. Schweinier stated no complaints have been directed to LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler responded adverse acrions aze not based on the number of police calls. It is when police calls are not received that adverse action is started because it shows the business is not participating in eliminating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foilowing condition: there will not be deliveries between midnight and 6:00 a.m. 925 Grand Avenue Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council, appeared and stated since the Planning Council did not heaz any complaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's hearing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the board use this SuperAmerica because it is the only gas station for miles azound. Some business owners called the office and said this SuperAmerica has been an asset. The Planning Council felt the store could do a better job with the litter and the noise in the area. The Planning Council discussed with Nancy Healy the possibility of hiring an off duty police officer. Ms. Healy said this would be considered. The Planning Council recommends approval with some conditions: patrolling the azea for litter each day and posting the noise ardinance in a visible location. Gerry Strathman stated he received one letter from Mazk Peschel objecting to the issuance of this license. This letter deals largely with the issues just discussed. A copy of this letter was previously sent to SuperAmerica management. Nancy Healy, azea manager, appeared and stated SuperAmerica has agreed to monitor the trash on a daily basis, a sign has been made to post the noise ordinance, and customers will be asked to turn down their radios. Hiring a security guazd at the store would not eliminate the problems of the neighbor that complained at the meeting. That neighbor's problems oc:,ur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posting the noise ordinance. Nancy Hea1y responded she would agree to that. Gerry Strathman recommends approval of the license at 925 Grand Avenue with the following condition: pick up litter once a day and post the noise ordinance. �[�-'ld`l SUPERAMERICA LEGISLATIVE HEARING MINUTES OF 7-16-98 Page 4 296 Seventh Street East Gerry Strathman stated he received two letters from Roger Needels of Needels 7anitor Supply objecting to the selling of beer at this store. Mr. Strathman was unawaze ef City ordinances that limits the products SuperAmerica is selling. He asked did SuperAmerica have a license for malt beer. Nancy Healy responded this location has a license for 3.2 malt liguor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this 5uperAmerica does not sell anything illegal at the store. A copy of this letter was previously sent to SuperAmerica management. Gerry Strathman recommends approval of the license at 296 5eventh Street East citing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouarda and Jean Opatmy, 962 Sherbume; a letter from Nancy Berry, 971 Aurora; and a letter from Gerald Manion, 976 Sherburne. The letters deal with many of the same issues: litters, noise, traffic. Copies of these letters were previously sent to SuperAmerica management. Brad Morris, area manager, appeared and stated they are picking up litter in the neighborhood. Some trash cans have been supplied to area businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There are people that enter the lot with their stereos loud and people drive down the street with their stereos loud. SuperAmerica will do what they can. Personnel try not to confront customers, but wili ask them to turn down their stereos if it is very excessive. Police have been called if customers are loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to clean up the litter once a day. Brad Morris stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjoumed at 10:52 a.m.