98-708Council Fite # ° lg - � 0 $
Green Sheet # � a � \ �-
��,CMINNESOTA Cf0
rre�ncea
Referred To
Committee Date
1 RESOLVED, that application (ID #19980001585) for a Gas Station, Grocery (C), Restaurant (C),
2 CigazettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296
3 Seventh Street East is hereby approved; and
4 F[JRTI�R RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 16,
5 1998 decision of the Legislative Hearing Officer recommending approval of the license application.
Requested by Department of:
By: �
Approved by Mayo� �
By: —�
�
Form Approved by City Attomey
�
Approved by Mayor for Submission to Council
sy:
Adopted by Council� Date i
Adoption Ce ed by Council Se re ry
�g-�a�
Council Offices
7-24-98
GREEN SHEET
No 62111
Gerry Strathman, 266-8575
August 5, 1998
xureE+e wrt
�
�
TOTAL # OF SIGNATURE PAGES
cEru��row¢tae
ancouri
❑ Q1YAiSOMEY ❑ CRYCIiPR _
o ,�,�� ❑.��„�a
❑ wmrtlaewsvscv+ry ❑
(CLIP ALL LOCATIONS POR SIGNATUR�
Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and
Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296 Seventh Street
East.
PLANNING CAMMISSION
CIB COMMITTEE
CML SERVICE COMMISSION
G��r�i
OF TRANSACTION
Fias ihis persoNfirm erer waketl uMer a contract forthis department'7
YES NO
Hes thin peimrJfirm eeer been a dt7l empbyeeT
YES NO
oaes mis persoNfirm w� a slan no[ nornwryaossessed br �r cunent ctilv ematoree4
YES NO
Is fhis persoNfirtn a tergeted vendoR
YES NO
Yain all ves answers on �oa2M sheet and atlach to areen shcet � .
COST/REVRlUE BUDQETED (CIRCLE ONq
YES NO
SOURCE
ACTMTY NUMeER
INFORMATON (FXPlA1N)
.
' � � ROUTINC} ORDER� � � � � � � � � � � � � �
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' � 2_'�Departm�t;D¢ector�� �` � �� � � , 2� CitytYttaneg ', . �
3.O�ceofFina�ialSeivicesDuector" 3.'MayoTltlssisfant ,�
4 CilyClerk' ' � � � � � 4:'�C�yCounci�' , - � � � � � �
5. Office ofFinancisl Services - Accounting
� ?��ma�srxai� o�znFazs �� �> �cq�tvE� p�znaz � � � � � � � �
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2- CitYAtkomeY, � � � z.'Ci(yAit�ncy � � � �
3. O�ce oEFioa�ial SeivicesD'aector 3: Iufaya�c/A�cra '
� 4. CiCg Clerk ` � 4' Cily Clerk� � � �
� � TOT?;LN67MBER�OFSI(3NA�1`UREP:4GES � �� � � �� � �
Indicate,the # ofpages � which si6��$ � re4QII� � P��P,or flag each of these pagee. .
� � � ACTIONREQIIESTEU ' � � � � � � � � � � � � �
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' most,appropiiatefarTheissue. Donotwriteeoniplctesent�ces. Begineach•it�inyo�ll�stwith�v�
, �� RECOMI�%1EIEl�IDATfONS � � � � � � �
,' Compl�e'iflLeissnemqaestionhasbeeqP�����Y�Y PubLcorprroate. ,
,
PERSONAL', SERVICE CONTRACTS:
This infoimationwill be nsed'fo' d�ine tt�e,city's liabilityfor workeis c�satioR cla�s, taxes and ptoper civi7 ,
' � ' , ' � service hiringiutes. � � � � � � �
� � � � II+RT�ATIN(3 PROBLEM, I4SUE, OPPORTCiNITY � � � � � � � � � �
Explainthe sittietion or conditia�s that created a need foryourpxo�ed or request
, ADVANPA(�`SIEAPPROVID ,'
,' , �ndicsfeW�tbisis .
' � wLich the City ofSaint Pgn1 �d its citizens will ticmefit &om 1Lis proJect/adi�.
� DfSADVANPA(�S IF APPROVED � � � � � � �
, " Whatnegati.ve'e.ffecisatmaJorcLaogeSme�stinB�P�Pr��mr�rt}usPmlecflreQoesfProdace�f�tispassed,
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� � DISADVANft3GES�IF�NO'PAPPRO'3TSD „' � � � � �
, Wfiat will be the negative consequences ifthe'promised adiaa,is nof app'r'ovad7 Inab"rlity to deliyer sezvice7 Con�e ;,
„ � higli�ha$c,'noise, aec[dent�? Loss�ofneveeauue? , � � �
, , , , , , , , . , � � , r, , �� � , � , � , , ' ' , '�
FiNANCIAL IlviPACT '
' Altliough Xw;must tst1� the'iufo�afion,you provide here to;the iss� pon are addiessing m geneial,you masE �svuer'
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d1,Y•�o
MINUTES OF TI� LEGISLATiVE HEARING
SUPERAMERICA STORES
577 SMITH AVENUE SOUTH, 925 GRAND AVENiJE,
296 SEVENTH STREET EAST, 970 LTNIVERSTl'Y AVENUE WEST
Room 330, City Hall
Gerry Strathman, Legislafive Hearing Officer
STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection
Gerry Strathman called the meeting to ozder at 10:00 a.m.
577 Smith Avenue South
Julie Binko, 568 Smith Avenue South, appeazed 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 sometimes done at 3:00 a.m., such as cleaning the hoods with a high power system.
Employees some6mes have there friends hanging azound the store. Throughout the years, there
has been drug and prostitution tr�cking 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
quiet hours between 10:00 am. and 6:00 am. with no gazbage pickup during those hours. Ms.
Binko feels the business should be closely monitored. She has sent letters to the store and has
received responses that the problems will not happen again.
Gerry Strathman stated he has received Julie Binkds letter.
Frederica Musgra�e, 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 heaz the store radio from three blocks away. Ms. Musgrave would prefer that this
SuperAmerica not be open before 5:00 a.m. If she cannot have that, she would 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 a tter is blocked with litter, and litter from the store spreads to the
rest of the neighborhood. The sidewalk need to be swept mare and shoveled in the winter.
Policies are not posted and known to the employees. If there aze boom boxes on in the middle of
the night, Ms. Musgrave does not think the employees tell customers to turn the volume down.
Ti1e 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 laiow
what to do under certain circumstances. Ms. Musgrave knows several people who will not go to
this SuperAmerica because of fights and arguments at the gas pumps.
Gerry Strathman stated he also teceived 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
Q.� -'108'
SUPERAMERICA LEGISLATIVE HEARING MINLITES OF 7-16-98 Page 2
Smith Avenue either north or south, the use of extemal speakers after 10:00 p.m. Mr. Kunik
would like something in the license that would ptotect the residents in the surrounding
community. Copies of the letters from Julie 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 that 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 nearby 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 5aturday and Sunday. Mr. Erickson has tried to do what he can
to curb the noise. There are two signs posted now: one is for no loitering and the other is for no
more than three minors in the store at one time. As for trash pickup, the dumpster is padlocked
because peopie 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 cazd 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 yeazs 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.
Gerry Strathman asked about the customer litter. Gary Erickson stated the employees aze told to
park on the side street. They aze 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 p.m. and 5:00 a.m. for about three years now. Gerry Strathman
asked would Mr. Erickson be amiabie 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 Smith Avenue changes and other businesses are able to open 24 hours, SuperAmerica
may need to compete. Employees from United Hospital going to and from work was one reason
this SuperAmerica was open a11 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
0�--'1 o�r
SUPERAMERICA LEGISLATIVE HEARING MINLTTES OF 7-16-98 Page 3
Musgrave stated she has complained. Ms. Schweinler stated no complaints have been directed to
LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler
responded adverse actions aze not based on the number of police calls. It is when police calls aze
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 5'77 Smith Avenue South with the
following condition: there will not be deliveries between midnight and 6:00 a.m.
425 Grand Avenue
Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council,
appeared and stated since the Planning Council did not hear any complaints against this business,
the board 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
board 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 boazd use
this SuperAmerica because it is the only gas station for miles around. 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 Pianning Council recommends approval with some conditions:
patrolling the area for litter each day and posting the noise ordinance 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, area 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 occur when the
customers aze 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 Healy 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.
��'�°�
SUPERAMERICA LEGISLATTVE HEARING MINLJTES OF 7-16-98 Page 4
296 Seventh Street East
Gerry Strathman stated he received two letters from Roger Needels of Needels Janitor Supply
objecting to the selling of beer at this store. Mr. Strathman was unawaze of Ciry 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 liquor. Mr. Strathinan
asked were there any comments to the letters. Mazk Erickson, azea manager, stated this
SuperAmerica 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 Seventh Street East citing the
objections do not form any basis for denying the license.
970 Universitv Avenue
Gerry 5trathman stated he received four letters: two letters from Edouarda and Jean Opatrny, 962
Sherburne; 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, traffia 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 towards 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 hy not to confront
customers, but will 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. Someumes people will buy
something and throw the wrapper on the ground a block later. Mr. Strathman asked would the
owner be willang 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 far 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 adjourned at 10:52 a.m.
Council Fite # ° lg - � 0 $
Green Sheet # � a � \ �-
��,CMINNESOTA Cf0
rre�ncea
Referred To
Committee Date
1 RESOLVED, that application (ID #19980001585) for a Gas Station, Grocery (C), Restaurant (C),
2 CigazettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296
3 Seventh Street East is hereby approved; and
4 F[JRTI�R RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 16,
5 1998 decision of the Legislative Hearing Officer recommending approval of the license application.
Requested by Department of:
By: �
Approved by Mayo� �
By: —�
�
Form Approved by City Attomey
�
Approved by Mayor for Submission to Council
sy:
Adopted by Council� Date i
Adoption Ce ed by Council Se re ry
�g-�a�
Council Offices
7-24-98
GREEN SHEET
No 62111
Gerry Strathman, 266-8575
August 5, 1998
xureE+e wrt
�
�
TOTAL # OF SIGNATURE PAGES
cEru��row¢tae
ancouri
❑ Q1YAiSOMEY ❑ CRYCIiPR _
o ,�,�� ❑.��„�a
❑ wmrtlaewsvscv+ry ❑
(CLIP ALL LOCATIONS POR SIGNATUR�
Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and
Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296 Seventh Street
East.
PLANNING CAMMISSION
CIB COMMITTEE
CML SERVICE COMMISSION
G��r�i
OF TRANSACTION
Fias ihis persoNfirm erer waketl uMer a contract forthis department'7
YES NO
Hes thin peimrJfirm eeer been a dt7l empbyeeT
YES NO
oaes mis persoNfirm w� a slan no[ nornwryaossessed br �r cunent ctilv ematoree4
YES NO
Is fhis persoNfirtn a tergeted vendoR
YES NO
Yain all ves answers on �oa2M sheet and atlach to areen shcet � .
COST/REVRlUE BUDQETED (CIRCLE ONq
YES NO
SOURCE
ACTMTY NUMeER
INFORMATON (FXPlA1N)
.
' � � ROUTINC} ORDER� � � � � � � � � � � � � �
, „
� �
�B'etow,'aiecoaectroutiugsfpr7hesi�cqiostfrequenG�typesofdocim��nts:' � � „ � � " �
corrrRncrs <� �� t� �> coiirrcII, xEESOr.v�orr �� buag��t gr�r�)
i. o�;aeng�y, i. n��in�
� � i: nepadmentn;rectoc � �� � z. offce�ofBmaue[alservicesnsecror �': , � �
3. CityAtWme}'� �� 3- CitS'Attomey �',r', �� � � ��
' 4. �Meyor/Assist�t(f�conhacotsoda,$25,(l00) 4•�Ms9otPAsa.skant,� � ��� � �� � �
5 H�an.�RiShtg (f� con�acts over �550;001)) 5. Cxty'�Co�cit � � � � � �
, 6. O�ce of Einancial Seivices ' Acco�mfing, 6. O�ce of�inencisl,Seivices - Accoimting
' ' " ' ` � � � � ^ ' , , . ' . � , � , , ' , � ' ' ,
anNmuszRa� oxnIIis (B�a���) courrc)r.xa�soivziorr �su'� �[,o�a;�j
t,_ ActivityMamgerorDepa�mentacco,mmnc 1. Depsrl�tT?;r�for
' � 2_'�Departm�t;D¢ector�� �` � �� � � , 2� CitytYttaneg ', . �
3.O�ceofFina�ialSeivicesDuector" 3.'MayoTltlssisfant ,�
4 CilyClerk' ' � � � � � 4:'�C�yCounci�' , - � � � � � �
5. Office ofFinancisl Services - Accounting
� ?��ma�srxai� o�znFazs �� �> �cq�tvE� p�znaz � � � � � � � �
i,_Dep��tDiiector �� � � � � 1•'Depar�entbirec[or, �, � � � � � �
2- CitYAtkomeY, � � � z.'Ci(yAit�ncy � � � �
3. O�ce oEFioa�ial SeivicesD'aector 3: Iufaya�c/A�cra '
� 4. CiCg Clerk ` � 4' Cily Clerk� � � �
� � TOT?;LN67MBER�OFSI(3NA�1`UREP:4GES � �� � � �� � �
Indicate,the # ofpages � which si6��$ � re4QII� � P��P,or flag each of these pagee. .
� � � ACTIONREQIIESTEU ' � � � � � � � � � � � � �
Des�'be what the piojecUxeqaest Beeks tn eccomplish �a eithet cdamologica! otder �,«der �imQoxtsnce ivhice�iievvea ',,
' most,appropiiatefarTheissue. Donotwriteeoniplctesent�ces. Begineach•it�inyo�ll�stwith�v�
, �� RECOMI�%1EIEl�IDATfONS � � � � � � �
,' Compl�e'iflLeissnemqaestionhasbeeqP�����Y�Y PubLcorprroate. ,
,
PERSONAL', SERVICE CONTRACTS:
This infoimationwill be nsed'fo' d�ine tt�e,city's liabilityfor workeis c�satioR cla�s, taxes and ptoper civi7 ,
' � ' , ' � service hiringiutes. � � � � � � �
� � � � II+RT�ATIN(3 PROBLEM, I4SUE, OPPORTCiNITY � � � � � � � � � �
Explainthe sittietion or conditia�s that created a need foryourpxo�ed or request
, ADVANPA(�`SIEAPPROVID ,'
,' , �ndicsfeW�tbisis .
' � wLich the City ofSaint Pgn1 �d its citizens will ticmefit &om 1Lis proJect/adi�.
� DfSADVANPA(�S IF APPROVED � � � � � � �
, " Whatnegati.ve'e.ffecisatmaJorcLaogeSme�stinB�P�Pr��mr�rt}usPmlecflreQoesfProdace�f�tispassed,
(e.g.�ha�icdelaps,nois�taxincreases,�a�ents)7 Towfiom2 When2Forhawlong`I
� � DISADVANft3GES�IF�NO'PAPPRO'3TSD „' � � � � �
, Wfiat will be the negative consequences ifthe'promised adiaa,is nof app'r'ovad7 Inab"rlity to deliyer sezvice7 Con�e ;,
„ � higli�ha$c,'noise, aec[dent�? Loss�ofneveeauue? , � � �
, , , , , , , , . , � � , r, , �� � , � , � , , ' ' , '�
FiNANCIAL IlviPACT '
' Altliough Xw;must tst1� the'iufo�afion,you provide here to;the iss� pon are addiessing m geneial,you masE �svuer'
�,� � � Lwo ons � � � � � �,r '� ' �
' . owmuch-tsrt gfocosl`T is ta
9°esh Srnn . Who Bo�nB P�
' ' � � � � � � � � � ��� � �
,
�
� � „ „ �� ' �� , ��� 'r � .._ � �� � � ,.� ..
d1,Y•�o
MINUTES OF TI� LEGISLATiVE HEARING
SUPERAMERICA STORES
577 SMITH AVENUE SOUTH, 925 GRAND AVENiJE,
296 SEVENTH STREET EAST, 970 LTNIVERSTl'Y AVENUE WEST
Room 330, City Hall
Gerry Strathman, Legislafive Hearing Officer
STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection
Gerry Strathman called the meeting to ozder at 10:00 a.m.
577 Smith Avenue South
Julie Binko, 568 Smith Avenue South, appeazed 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 sometimes done at 3:00 a.m., such as cleaning the hoods with a high power system.
Employees some6mes have there friends hanging azound the store. Throughout the years, there
has been drug and prostitution tr�cking 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
quiet hours between 10:00 am. and 6:00 am. with no gazbage pickup during those hours. Ms.
Binko feels the business should be closely monitored. She has sent letters to the store and has
received responses that the problems will not happen again.
Gerry Strathman stated he has received Julie Binkds letter.
Frederica Musgra�e, 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 heaz the store radio from three blocks away. Ms. Musgrave would prefer that this
SuperAmerica not be open before 5:00 a.m. If she cannot have that, she would 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 a tter is blocked with litter, and litter from the store spreads to the
rest of the neighborhood. The sidewalk need to be swept mare and shoveled in the winter.
Policies are not posted and known to the employees. If there aze boom boxes on in the middle of
the night, Ms. Musgrave does not think the employees tell customers to turn the volume down.
Ti1e 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 laiow
what to do under certain circumstances. Ms. Musgrave knows several people who will not go to
this SuperAmerica because of fights and arguments at the gas pumps.
Gerry Strathman stated he also teceived 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
Q.� -'108'
SUPERAMERICA LEGISLATIVE HEARING MINLITES OF 7-16-98 Page 2
Smith Avenue either north or south, the use of extemal speakers after 10:00 p.m. Mr. Kunik
would like something in the license that would ptotect the residents in the surrounding
community. Copies of the letters from Julie 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 that 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 nearby 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 5aturday and Sunday. Mr. Erickson has tried to do what he can
to curb the noise. There are two signs posted now: one is for no loitering and the other is for no
more than three minors in the store at one time. As for trash pickup, the dumpster is padlocked
because peopie 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 cazd 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 yeazs 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.
Gerry Strathman asked about the customer litter. Gary Erickson stated the employees aze told to
park on the side street. They aze 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 p.m. and 5:00 a.m. for about three years now. Gerry Strathman
asked would Mr. Erickson be amiabie 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 Smith Avenue changes and other businesses are able to open 24 hours, SuperAmerica
may need to compete. Employees from United Hospital going to and from work was one reason
this SuperAmerica was open a11 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
0�--'1 o�r
SUPERAMERICA LEGISLATIVE HEARING MINLTTES OF 7-16-98 Page 3
Musgrave stated she has complained. Ms. Schweinler stated no complaints have been directed to
LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler
responded adverse actions aze not based on the number of police calls. It is when police calls aze
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 5'77 Smith Avenue South with the
following condition: there will not be deliveries between midnight and 6:00 a.m.
425 Grand Avenue
Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council,
appeared and stated since the Planning Council did not hear any complaints against this business,
the board 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
board 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 boazd use
this SuperAmerica because it is the only gas station for miles around. 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 Pianning Council recommends approval with some conditions:
patrolling the area for litter each day and posting the noise ordinance 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, area 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 occur when the
customers aze 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 Healy 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.
��'�°�
SUPERAMERICA LEGISLATTVE HEARING MINLJTES OF 7-16-98 Page 4
296 Seventh Street East
Gerry Strathman stated he received two letters from Roger Needels of Needels Janitor Supply
objecting to the selling of beer at this store. Mr. Strathman was unawaze of Ciry 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 liquor. Mr. Strathinan
asked were there any comments to the letters. Mazk Erickson, azea manager, stated this
SuperAmerica 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 Seventh Street East citing the
objections do not form any basis for denying the license.
970 Universitv Avenue
Gerry 5trathman stated he received four letters: two letters from Edouarda and Jean Opatrny, 962
Sherburne; 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, traffia 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 towards 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 hy not to confront
customers, but will 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. Someumes people will buy
something and throw the wrapper on the ground a block later. Mr. Strathman asked would the
owner be willang 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 far 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 adjourned at 10:52 a.m.
Council Fite # ° lg - � 0 $
Green Sheet # � a � \ �-
��,CMINNESOTA Cf0
rre�ncea
Referred To
Committee Date
1 RESOLVED, that application (ID #19980001585) for a Gas Station, Grocery (C), Restaurant (C),
2 CigazettelTobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296
3 Seventh Street East is hereby approved; and
4 F[JRTI�R RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 16,
5 1998 decision of the Legislative Hearing Officer recommending approval of the license application.
Requested by Department of:
By: �
Approved by Mayo� �
By: —�
�
Form Approved by City Attomey
�
Approved by Mayor for Submission to Council
sy:
Adopted by Council� Date i
Adoption Ce ed by Council Se re ry
�g-�a�
Council Offices
7-24-98
GREEN SHEET
No 62111
Gerry Strathman, 266-8575
August 5, 1998
xureE+e wrt
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TOTAL # OF SIGNATURE PAGES
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❑ Q1YAiSOMEY ❑ CRYCIiPR _
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❑ wmrtlaewsvscv+ry ❑
(CLIP ALL LOCATIONS POR SIGNATUR�
Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and
Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 296 Seventh Street
East.
PLANNING CAMMISSION
CIB COMMITTEE
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MINUTES OF TI� LEGISLATiVE HEARING
SUPERAMERICA STORES
577 SMITH AVENUE SOUTH, 925 GRAND AVENiJE,
296 SEVENTH STREET EAST, 970 LTNIVERSTl'Y AVENUE WEST
Room 330, City Hall
Gerry Strathman, Legislafive Hearing Officer
STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection
Gerry Strathman called the meeting to ozder at 10:00 a.m.
577 Smith Avenue South
Julie Binko, 568 Smith Avenue South, appeazed 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 sometimes done at 3:00 a.m., such as cleaning the hoods with a high power system.
Employees some6mes have there friends hanging azound the store. Throughout the years, there
has been drug and prostitution tr�cking 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
quiet hours between 10:00 am. and 6:00 am. with no gazbage pickup during those hours. Ms.
Binko feels the business should be closely monitored. She has sent letters to the store and has
received responses that the problems will not happen again.
Gerry Strathman stated he has received Julie Binkds letter.
Frederica Musgra�e, 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 heaz the store radio from three blocks away. Ms. Musgrave would prefer that this
SuperAmerica not be open before 5:00 a.m. If she cannot have that, she would 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 a tter is blocked with litter, and litter from the store spreads to the
rest of the neighborhood. The sidewalk need to be swept mare and shoveled in the winter.
Policies are not posted and known to the employees. If there aze boom boxes on in the middle of
the night, Ms. Musgrave does not think the employees tell customers to turn the volume down.
Ti1e 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 laiow
what to do under certain circumstances. Ms. Musgrave knows several people who will not go to
this SuperAmerica because of fights and arguments at the gas pumps.
Gerry Strathman stated he also teceived 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
Q.� -'108'
SUPERAMERICA LEGISLATIVE HEARING MINLITES OF 7-16-98 Page 2
Smith Avenue either north or south, the use of extemal speakers after 10:00 p.m. Mr. Kunik
would like something in the license that would ptotect the residents in the surrounding
community. Copies of the letters from Julie 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 that 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 nearby 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 5aturday and Sunday. Mr. Erickson has tried to do what he can
to curb the noise. There are two signs posted now: one is for no loitering and the other is for no
more than three minors in the store at one time. As for trash pickup, the dumpster is padlocked
because peopie 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 cazd 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 yeazs 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.
Gerry Strathman asked about the customer litter. Gary Erickson stated the employees aze told to
park on the side street. They aze 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 p.m. and 5:00 a.m. for about three years now. Gerry Strathman
asked would Mr. Erickson be amiabie 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 Smith Avenue changes and other businesses are able to open 24 hours, SuperAmerica
may need to compete. Employees from United Hospital going to and from work was one reason
this SuperAmerica was open a11 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
0�--'1 o�r
SUPERAMERICA LEGISLATIVE HEARING MINLTTES OF 7-16-98 Page 3
Musgrave stated she has complained. Ms. Schweinler stated no complaints have been directed to
LIEP. Frederica Musgrave asked if the police record has been checked. Ms. Schweinler
responded adverse actions aze not based on the number of police calls. It is when police calls aze
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 5'77 Smith Avenue South with the
following condition: there will not be deliveries between midnight and 6:00 a.m.
425 Grand Avenue
Ellen Biales, Executive Director of the Summit Hall Association-District 16 Planning Council,
appeared and stated since the Planning Council did not hear any complaints against this business,
the board 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
board 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 boazd use
this SuperAmerica because it is the only gas station for miles around. 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 Pianning Council recommends approval with some conditions:
patrolling the area for litter each day and posting the noise ordinance 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, area 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 occur when the
customers aze 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 Healy 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.
��'�°�
SUPERAMERICA LEGISLATTVE HEARING MINLJTES OF 7-16-98 Page 4
296 Seventh Street East
Gerry Strathman stated he received two letters from Roger Needels of Needels Janitor Supply
objecting to the selling of beer at this store. Mr. Strathman was unawaze of Ciry 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 liquor. Mr. Strathinan
asked were there any comments to the letters. Mazk Erickson, azea manager, stated this
SuperAmerica 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 Seventh Street East citing the
objections do not form any basis for denying the license.
970 Universitv Avenue
Gerry 5trathman stated he received four letters: two letters from Edouarda and Jean Opatrny, 962
Sherburne; 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, traffia 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 towards 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 hy not to confront
customers, but will 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. Someumes people will buy
something and throw the wrapper on the ground a block later. Mr. Strathman asked would the
owner be willang 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 far 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 adjourned at 10:52 a.m.