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98-709Council File # �� J ��� Green Sheet # ���- SAIt�PA�L,�NESOTA 41 i� ii �:. �:. Referred To Committee Date 1 RESOLVED, that application (ID #19980001973) for a Gas Station, Grocery (C), Restaurant (C), 2 Cigazette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith 3 Avenue South is hereby approved; and 4 Fi7R'I'FIER 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 with the 6 following condition: there will be no deliveries between midnight and 6:00 a.m. Reques[ed by Department of. Adopted by AdopUon C�aYified by Council � Form Appraved by City Attorney � Approved by Mayor for Submission to Council �'���1.�"d'/�— ���� �� , �. � � City Council Offices Nt(AC7 PERSOtJ & PFqNE Gerry Strathman, 266-8575 ����� 7-29-98 GREEN SHEET ax - �oy No 62112 MIUaIIDW anrcw� �.,■,�.o.�.« August 5, 1998 TOTAL # OF SIGNATURE PAGES � ❑ an�itoxxtv ❑ arceawc ❑ wuxnuaErtxccESw� ❑ wux�.�uxw.mo ❑ WYOR(ORMffifAM� ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith Adenue South. PLANNING CAMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION �1y.1.i:i4�i�i OF TRANSACTION SOURCE (EXPLnINj Flasthis Pe�soNfi�m everwMCed unde� a caNacttor this tlepartmenl4 YES NO Has this peisoMrtn e:er heen a dty empbyee'! YES NO Does this persaMim possess e sldll not rwimaltyposses.aetl by any curteM cily emWoY�? YES NO Is this pnsoM�m a targeted vendofl YES NO Nain all ves answeis on seoarate sheet arM attach W areen sheet Why) COST/REVENUE BUDfiETm (CIRCLE ONt� ACTIVITY NUMBER VES NO ROVIINGORDEI2: � � � �� � � � � � � � � � � � , BeIoware,cotrectroutmgsfortfiesixmostfteqaenttypegofdacimmenfs:' , . corrrxacis <�� �nno� m�a�c �> ' couivc�.�soTZrria�r (�a�bnas�i� �s> i, owaae a,��y � � �i: � ��i n�iof� � � � � � � � � � 2. DepaAmentDicector 2. 'OfficeofFinancialServicesD'uector ; 3. �CitYAtYo�,9 � �3. Ci�gAttomey�, ','� � � � � � � , � 4. MaporlAssistant (for coniracis over $25,000) 4. lYfaporfA�cie�mt � � 5. FI�anRights (for dontiacts over S50,000) 5. � Ci'ty Coemcit � � � 6. Office ofFin�ciel' Services - Acc6unting 6. O�ce bf Fiusnciat Services - Acco�ting• ', nnr�IINrsTRnTIVEORpExs�s,�agetxevision> �ourrelLitESOiv7iorrEsuothe�sa�iOrmaances>, , 1- ActivilXManeSer,orDepaztmentAccoffiPaut 1�'Depaziment,Direetor' � � � 2. I�epa�menYDireetor � � ��2. �Ci4Y � � � � � � � 3.� Office o€Fin�cial Services Director � � 3',1�aYor{Assistant' � � � � � � ' 4: City�Clalc , � � � � 4 "'CiLyCouncil�, � , � � � � " , 5. Office oEFin�cial Services - Acca�ting � � � a�irm�rs�� oiz�r3zs <eu o�> � �cux�vE o�� � � � � � � i;���ti��ror� � � i ��,��� �� � � � � � �2 CityAt4rnuey � � � � � 2:� Citp�A'lfoiney` ' �� �� � � .. � � 3.' O�ce'ofFinancial �Service§ Diiector � 3. � MaporfAssisYant �� � � � � � � � 4. CiEy Clak � � 4. Gity Ctedt' °', � � � � TOTtU.'NC7MBER OF SIGNATUREPetiGES � �� � � . ,� � req�nTed�dPapercliP,orUag ffheaepages: Indicate the # of pages on wUich s�gaatiaes are each o ACTTONREQUESTED, , Desan'be,what the projecticequest seeks to accomplish in eitlu� chroaologicsl order,�order'ofimpoitance, w5ichever is � most � atefot � wnte° Iete sentences.� � e'ach�item in � � � � " . � � � � � ePP , � , �P , � . ' � the iaw�e. Do, ��Begtn ya� listwxf� a'be.�b � RECOlvffvfENDATIONS , ' Complete i£HBe iss�e m quesYioahas'beea ptesent�d before anF`�Y, P�� �Pl?�-,. ' PERSONAL $ERVICE CONTRACTS: � � � � � �' � � �, � ., � � � �� � � This infoimstionwill be used ko dete�me the cit}�s liabilityfor warkeis compensatian claims, taxes �d praper ciyil ' � savice hiringrale4. � � � � � � . ' � � � � � , � �IN1TtATIlVGP'ROBLEIv� ISSUE, OPPpRTCJNITY � � � � � � Exp}ain the'sitnatioa or conditions Uiat crosted'a need for ycnspro�ect arrequest „ ADVANPAGES IF APP�20Y&D ' Indicatewlietberthisissimply'enaunual,budSetProcefiser�edbYlaw/chmta�whefhatherearespecificwaysin _ � � � wliich�flieCity�a��SamtP�nlanditscitizenswi7lbenefitfr���UUussprojecY%aeti6a '., � � � � � � ��DF$ADVANTA(�S IF APPROVED � � � �� �� ' � � � � , � � � . �� " � � , What,negativeeffectso�mal���8��e��n8'�P�PS��'S��P�J�1e4�P���frtispassed (e-g; tr�c delays, noise; [� ine�eases � axsessmbnts)? , Towixim2 V�Ihen?F'arliow Iongt DISADVEkN'Pt1(�SIF,NOTAPPROVED , , WhstwillbeJlienegativeconsequences'if�epromisedacboaisnotappioved7 Tnab�tytodelivecserviceT"Go�inue ' � � � � � � Irigh'�Lrs�e;,�is� accident,rate� L�s'ofrevetnie? � � FINANCIAI, Ilv1PACT ' AlthongitYoumusttaitortheioformalionyouprovidehere'totheissueyouareaddressingingeneralyoumustanswa , � � hvo qoesficm§: F3ow intich is it� going'to cosfZ Who �is goinSm PaY �' � � � �� , „� � � � � � „ „ � �� � „ � � �:r,a � ., ��� � �, �., �l8'�°`� MINUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOiITH, 925 GRAND AVENLTE, 296 SEVENTI� STREET EAST, 970 UNIVERSTI`Y AVENiTE WEST Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Kristina Schweinler, License, InspecUons, Environmental Protection Gerry Strathman called the meeting to order 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 years. 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 someumes 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 prostitufion trafficking at the stare. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license far quiet hours between 10:00 a.m. and 6:00 a.m. with no garbage 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 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 5:00 a.m. If skae 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 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 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. 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 Paui Kunik, Member of the W.5.C.0. 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 °I�-�o9 SUPERAMERICA LEGISLA"l IVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of extemai speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the sunounding 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. Mark 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 th�re 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 Saturday 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 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 am. 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 area manager for 577 Smith Avenue South for eight yeazs and is very receptive to problems. The canopy cleaning was a one Ume 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 are told to park on the side street. They are instzucted 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 aze shoveled and salted. The pay phone has been turned off between 9:00 p.m. 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 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 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 Q8'-'loy SUPERAMERICA LEGISLATIVE HEARING MINUTES 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. Ivls. Schweinler responded adverse actions aze not based on the number of police cails. It is when police calls aze not received that adverse action is started because it shows the business is not participating in elitninating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foliowing 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, appeazed and stated since the Planning Council did not heaz any compiaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's heazing 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 an and out of the lot. Some members of the board 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 azea. The Planning Council discussed with Nancy Hea1y the possibility of hiring an off duty police of.�'icer. 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 ordinance in a visible location. Gerry Strathman stated he received one letter from Mark 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 5uperAmerica 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 neighbar 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. a8-�o9 SUPERAMERICA L,EGISLATIVE HEARING MII�TLTTES OF 7-16-98 Page 4 296 Seventh Sh 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 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 liquor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this SuperAmerica does not seli anything illegal at the store. A copy of this letter was previously sent to 3uperAmezica management. Gerry Strathman recommends approval of the license at 296 Seventh Street East cifing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouazda and Jean Opatrny, 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 azea businesses. L'atter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As far 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 try 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. Sometimes people wiil 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 oncc 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 far final approval on August 5. The meeting was adjourned at 10:52 a.m. Council File # �� J ��� Green Sheet # ���- SAIt�PA�L,�NESOTA 41 i� ii �:. �:. Referred To Committee Date 1 RESOLVED, that application (ID #19980001973) for a Gas Station, Grocery (C), Restaurant (C), 2 Cigazette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith 3 Avenue South is hereby approved; and 4 Fi7R'I'FIER 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 with the 6 following condition: there will be no deliveries between midnight and 6:00 a.m. Reques[ed by Department of. Adopted by AdopUon C�aYified by Council � Form Appraved by City Attorney � Approved by Mayor for Submission to Council �'���1.�"d'/�— ���� �� , �. � � City Council Offices Nt(AC7 PERSOtJ & PFqNE Gerry Strathman, 266-8575 ����� 7-29-98 GREEN SHEET ax - �oy No 62112 MIUaIIDW anrcw� �.,■,�.o.�.« August 5, 1998 TOTAL # OF SIGNATURE PAGES � ❑ an�itoxxtv ❑ arceawc ❑ wuxnuaErtxccESw� ❑ wux�.�uxw.mo ❑ WYOR(ORMffifAM� ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith Adenue South. PLANNING CAMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION �1y.1.i:i4�i�i OF TRANSACTION SOURCE (EXPLnINj Flasthis Pe�soNfi�m everwMCed unde� a caNacttor this tlepartmenl4 YES NO Has this peisoMrtn e:er heen a dty empbyee'! YES NO Does this persaMim possess e sldll not rwimaltyposses.aetl by any curteM cily emWoY�? YES NO Is this pnsoM�m a targeted vendofl YES NO Nain all ves answeis on seoarate sheet arM attach W areen sheet Why) COST/REVENUE BUDfiETm (CIRCLE ONt� ACTIVITY NUMBER VES NO ROVIINGORDEI2: � � � �� � � � � � � � � � � � , BeIoware,cotrectroutmgsfortfiesixmostfteqaenttypegofdacimmenfs:' , . corrrxacis <�� �nno� m�a�c �> ' couivc�.�soTZrria�r (�a�bnas�i� �s> i, owaae a,��y � � �i: � ��i n�iof� � � � � � � � � � 2. DepaAmentDicector 2. 'OfficeofFinancialServicesD'uector ; 3. �CitYAtYo�,9 � �3. Ci�gAttomey�, ','� � � � � � � , � 4. MaporlAssistant (for coniracis over $25,000) 4. lYfaporfA�cie�mt � � 5. FI�anRights (for dontiacts over S50,000) 5. � Ci'ty Coemcit � � � 6. Office ofFin�ciel' Services - Acc6unting 6. O�ce bf Fiusnciat Services - Acco�ting• ', nnr�IINrsTRnTIVEORpExs�s,�agetxevision> �ourrelLitESOiv7iorrEsuothe�sa�iOrmaances>, , 1- ActivilXManeSer,orDepaztmentAccoffiPaut 1�'Depaziment,Direetor' � � � 2. I�epa�menYDireetor � � ��2. �Ci4Y � � � � � � � 3.� Office o€Fin�cial Services Director � � 3',1�aYor{Assistant' � � � � � � ' 4: City�Clalc , � � � � 4 "'CiLyCouncil�, � , � � � � " , 5. Office oEFin�cial Services - Acca�ting � � � a�irm�rs�� oiz�r3zs <eu o�> � �cux�vE o�� � � � � � � i;���ti��ror� � � i ��,��� �� � � � � � �2 CityAt4rnuey � � � � � 2:� Citp�A'lfoiney` ' �� �� � � .. � � 3.' O�ce'ofFinancial �Service§ Diiector � 3. � MaporfAssisYant �� � � � � � � � 4. CiEy Clak � � 4. Gity Ctedt' °', � � � � TOTtU.'NC7MBER OF SIGNATUREPetiGES � �� � � . ,� � req�nTed�dPapercliP,orUag ffheaepages: Indicate the # of pages on wUich s�gaatiaes are each o ACTTONREQUESTED, , Desan'be,what the projecticequest seeks to accomplish in eitlu� chroaologicsl order,�order'ofimpoitance, w5ichever is � most � atefot � wnte° Iete sentences.� � e'ach�item in � � � � " . � � � � � ePP , � , �P , � . ' � the iaw�e. Do, ��Begtn ya� listwxf� a'be.�b � RECOlvffvfENDATIONS , ' Complete i£HBe iss�e m quesYioahas'beea ptesent�d before anF`�Y, P�� �Pl?�-,. ' PERSONAL $ERVICE CONTRACTS: � � � � � �' � � �, � ., � � � �� � � This infoimstionwill be used ko dete�me the cit}�s liabilityfor warkeis compensatian claims, taxes �d praper ciyil ' � savice hiringrale4. � � � � � � . ' � � � � � , � �IN1TtATIlVGP'ROBLEIv� ISSUE, OPPpRTCJNITY � � � � � � Exp}ain the'sitnatioa or conditions Uiat crosted'a need for ycnspro�ect arrequest „ ADVANPAGES IF APP�20Y&D ' Indicatewlietberthisissimply'enaunual,budSetProcefiser�edbYlaw/chmta�whefhatherearespecificwaysin _ � � � wliich�flieCity�a��SamtP�nlanditscitizenswi7lbenefitfr���UUussprojecY%aeti6a '., � � � � � � ��DF$ADVANTA(�S IF APPROVED � � � �� �� ' � � � � , � � � . �� " � � , What,negativeeffectso�mal���8��e��n8'�P�PS��'S��P�J�1e4�P���frtispassed (e-g; tr�c delays, noise; [� ine�eases � axsessmbnts)? , Towixim2 V�Ihen?F'arliow Iongt DISADVEkN'Pt1(�SIF,NOTAPPROVED , , WhstwillbeJlienegativeconsequences'if�epromisedacboaisnotappioved7 Tnab�tytodelivecserviceT"Go�inue ' � � � � � � Irigh'�Lrs�e;,�is� accident,rate� L�s'ofrevetnie? � � FINANCIAI, Ilv1PACT ' AlthongitYoumusttaitortheioformalionyouprovidehere'totheissueyouareaddressingingeneralyoumustanswa , � � hvo qoesficm§: F3ow intich is it� going'to cosfZ Who �is goinSm PaY �' � � � �� , „� � � � � � „ „ � �� � „ � � �:r,a � ., ��� � �, �., �l8'�°`� MINUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOiITH, 925 GRAND AVENLTE, 296 SEVENTI� STREET EAST, 970 UNIVERSTI`Y AVENiTE WEST Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Kristina Schweinler, License, InspecUons, Environmental Protection Gerry Strathman called the meeting to order 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 years. 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 someumes 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 prostitufion trafficking at the stare. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license far quiet hours between 10:00 a.m. and 6:00 a.m. with no garbage 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 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 5:00 a.m. If skae 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 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 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. 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 Paui Kunik, Member of the W.5.C.0. 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 °I�-�o9 SUPERAMERICA LEGISLA"l IVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of extemai speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the sunounding 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. Mark 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 th�re 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 Saturday 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 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 am. 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 area manager for 577 Smith Avenue South for eight yeazs and is very receptive to problems. The canopy cleaning was a one Ume 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 are told to park on the side street. They are instzucted 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 aze shoveled and salted. The pay phone has been turned off between 9:00 p.m. 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 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 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 Q8'-'loy SUPERAMERICA LEGISLATIVE HEARING MINUTES 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. Ivls. Schweinler responded adverse actions aze not based on the number of police cails. It is when police calls aze not received that adverse action is started because it shows the business is not participating in elitninating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foliowing 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, appeazed and stated since the Planning Council did not heaz any compiaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's heazing 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 an and out of the lot. Some members of the board 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 azea. The Planning Council discussed with Nancy Hea1y the possibility of hiring an off duty police of.�'icer. 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 ordinance in a visible location. Gerry Strathman stated he received one letter from Mark 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 5uperAmerica 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 neighbar 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. a8-�o9 SUPERAMERICA L,EGISLATIVE HEARING MII�TLTTES OF 7-16-98 Page 4 296 Seventh Sh 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 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 liquor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this SuperAmerica does not seli anything illegal at the store. A copy of this letter was previously sent to 3uperAmezica management. Gerry Strathman recommends approval of the license at 296 Seventh Street East cifing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouazda and Jean Opatrny, 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 azea businesses. L'atter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As far 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 try 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. Sometimes people wiil 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 oncc 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 far final approval on August 5. The meeting was adjourned at 10:52 a.m. Council File # �� J ��� Green Sheet # ���- SAIt�PA�L,�NESOTA 41 i� ii �:. �:. Referred To Committee Date 1 RESOLVED, that application (ID #19980001973) for a Gas Station, Grocery (C), Restaurant (C), 2 Cigazette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith 3 Avenue South is hereby approved; and 4 Fi7R'I'FIER 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 with the 6 following condition: there will be no deliveries between midnight and 6:00 a.m. Reques[ed by Department of. Adopted by AdopUon C�aYified by Council � Form Appraved by City Attorney � Approved by Mayor for Submission to Council �'���1.�"d'/�— ���� �� , �. � � City Council Offices Nt(AC7 PERSOtJ & PFqNE Gerry Strathman, 266-8575 ����� 7-29-98 GREEN SHEET ax - �oy No 62112 MIUaIIDW anrcw� �.,■,�.o.�.« August 5, 1998 TOTAL # OF SIGNATURE PAGES � ❑ an�itoxxtv ❑ arceawc ❑ wuxnuaErtxccESw� ❑ wux�.�uxw.mo ❑ WYOR(ORMffifAM� ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Approving application for a Gas Station, Grocery (C), Restaurant (C), Cigarette/Tobacco and Malt Off Sale License by Speedway SuperAmerica LLC, dba SuperAmerica at 577 Smith Adenue South. PLANNING CAMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION �1y.1.i:i4�i�i OF TRANSACTION SOURCE (EXPLnINj Flasthis Pe�soNfi�m everwMCed unde� a caNacttor this tlepartmenl4 YES NO Has this peisoMrtn e:er heen a dty empbyee'! YES NO Does this persaMim possess e sldll not rwimaltyposses.aetl by any curteM cily emWoY�? YES NO Is this pnsoM�m a targeted vendofl YES NO Nain all ves answeis on seoarate sheet arM attach W areen sheet Why) COST/REVENUE BUDfiETm (CIRCLE ONt� ACTIVITY NUMBER VES NO ROVIINGORDEI2: � � � �� � � � � � � � � � � � , BeIoware,cotrectroutmgsfortfiesixmostfteqaenttypegofdacimmenfs:' , . corrrxacis <�� �nno� m�a�c �> ' couivc�.�soTZrria�r (�a�bnas�i� �s> i, owaae a,��y � � �i: � ��i n�iof� � � � � � � � � � 2. DepaAmentDicector 2. 'OfficeofFinancialServicesD'uector ; 3. �CitYAtYo�,9 � �3. Ci�gAttomey�, ','� � � � � � � , � 4. MaporlAssistant (for coniracis over $25,000) 4. lYfaporfA�cie�mt � � 5. FI�anRights (for dontiacts over S50,000) 5. � Ci'ty Coemcit � � � 6. Office ofFin�ciel' Services - Acc6unting 6. O�ce bf Fiusnciat Services - Acco�ting• ', nnr�IINrsTRnTIVEORpExs�s,�agetxevision> �ourrelLitESOiv7iorrEsuothe�sa�iOrmaances>, , 1- ActivilXManeSer,orDepaztmentAccoffiPaut 1�'Depaziment,Direetor' � � � 2. 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' � � � � � , � �IN1TtATIlVGP'ROBLEIv� ISSUE, OPPpRTCJNITY � � � � � � Exp}ain the'sitnatioa or conditions Uiat crosted'a need for ycnspro�ect arrequest „ ADVANPAGES IF APP�20Y&D ' Indicatewlietberthisissimply'enaunual,budSetProcefiser�edbYlaw/chmta�whefhatherearespecificwaysin _ � � � wliich�flieCity�a��SamtP�nlanditscitizenswi7lbenefitfr���UUussprojecY%aeti6a '., � � � � � � ��DF$ADVANTA(�S IF APPROVED � � � �� �� ' � � � � , � � � . �� " � � , What,negativeeffectso�mal���8��e��n8'�P�PS��'S��P�J�1e4�P���frtispassed (e-g; tr�c delays, noise; [� ine�eases � axsessmbnts)? , Towixim2 V�Ihen?F'arliow Iongt DISADVEkN'Pt1(�SIF,NOTAPPROVED , , WhstwillbeJlienegativeconsequences'if�epromisedacboaisnotappioved7 Tnab�tytodelivecserviceT"Go�inue ' � � � � � � Irigh'�Lrs�e;,�is� accident,rate� L�s'ofrevetnie? � � FINANCIAI, Ilv1PACT ' AlthongitYoumusttaitortheioformalionyouprovidehere'totheissueyouareaddressingingeneralyoumustanswa , � � hvo qoesficm§: F3ow intich is it� going'to cosfZ Who �is goinSm PaY �' � � � �� , „� � � � � � „ „ � �� � „ � � �:r,a � ., ��� � �, �., �l8'�°`� MINUTES OF THE LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOiITH, 925 GRAND AVENLTE, 296 SEVENTI� STREET EAST, 970 UNIVERSTI`Y AVENiTE WEST Room 330, City Hall Gerry Strathman, I.egislative Hearing OfFicer STAFF PRESENT: Kristina Schweinler, License, InspecUons, Environmental Protection Gerry Strathman called the meeting to order 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 years. 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 someumes 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 prostitufion trafficking at the stare. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license far quiet hours between 10:00 a.m. and 6:00 a.m. with no garbage 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 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 5:00 a.m. If skae 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 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 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. 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 Paui Kunik, Member of the W.5.C.0. 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 °I�-�o9 SUPERAMERICA LEGISLA"l IVE HEARING MINUTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of extemai speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the sunounding 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. Mark 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 th�re 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 Saturday 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 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 am. 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 area manager for 577 Smith Avenue South for eight yeazs and is very receptive to problems. The canopy cleaning was a one Ume 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 are told to park on the side street. They are instzucted 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 aze shoveled and salted. The pay phone has been turned off between 9:00 p.m. 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 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 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 Q8'-'loy SUPERAMERICA LEGISLATIVE HEARING MINUTES 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. Ivls. Schweinler responded adverse actions aze not based on the number of police cails. It is when police calls aze not received that adverse action is started because it shows the business is not participating in elitninating the problem. Gerry Strathman recommends approval of the license at 577 Smith Avenue South with the foliowing 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, appeazed and stated since the Planning Council did not heaz any compiaints against this business, the boazd of directors recommended approval of the license. Since then, the Planning Council received notice of today's heazing 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 an and out of the lot. Some members of the board 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 azea. The Planning Council discussed with Nancy Hea1y the possibility of hiring an off duty police of.�'icer. 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 ordinance in a visible location. Gerry Strathman stated he received one letter from Mark 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 5uperAmerica 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 neighbar 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. a8-�o9 SUPERAMERICA L,EGISLATIVE HEARING MII�TLTTES OF 7-16-98 Page 4 296 Seventh Sh 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 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 liquor. Mr. Strathman asked were there any comments to the letters. Mazk Erickson, azea manager, stated this SuperAmerica does not seli anything illegal at the store. A copy of this letter was previously sent to 3uperAmezica management. Gerry Strathman recommends approval of the license at 296 Seventh Street East cifing the objections do not form any basis for denying the license. 970 Universitv Avenue Gerry Strathman stated he received four letters: two letters from Edouazda and Jean Opatrny, 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 azea businesses. L'atter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As far 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 try 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. Sometimes people wiil 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 oncc 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 far final approval on August 5. The meeting was adjourned at 10:52 a.m.