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98-710Council File # �g -�,Q ��1 Green Sheet # �Z �. � �J RESOLUTION CITY f�F�SAiNT PAUL, MINNESOTA L}� Committee Daie Referred To 1 RESOLVED, that application (ID #1998000149'� for a Gas Station, Crrocery (C), Restaurant (A), 2 Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba 3 SuperAmerica at 970 University Avenue West is hereby approved; and 4 FLTRTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following condition: pick up litter once a day. Requested by Department of: � Form Approved by City Attorney � m � Approved by I�7ayor:� � Date Approved by Mayor for Submission to Council � � Adopted by Coynsil: Date �fi��/'- S/ 9 9S/ Citv Council Offices Gerry Strathman, 266-8575 August 5, 1998 TOTAL � OF SIGNATURE PAGES Approving application for a Gas Station, Grocery (C), Restaurant (A), Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba SuperAmerica at 970 University Avenue West. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION GREEN SHEET oEr�nrm�r ou�srai � ❑ arc�naa�v ❑ aneu,u ❑ rwx�ua�aucFSew. ❑ AuxW�miv,.�c.o ❑wvael��ssrurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) p50NpL SERVICE CANiRAC15 MUST ANSWER TNE FOLLAWIN6 QUESlIONS: Fiac fhis P��rm erer worked under a cantract ior Nia EepartmeM? YES NO Has mis Pe�✓firm ever been a city emPloYee9 VES NO Does this peisorruhrm poscess a sldll not normaltypossesaetl by any curteM dly empbyee? YES NO Is this P��Mrm a targetetl ventlM YES NO �lain all ve8 answefs an aeoarate sheet aM sCaeh fn nfeen Shcet q�-�lo No 62113 aneawa Ilyd..:i•Pi�•7 OF TRANSACTION COST/REVR7UE BUD6ETm (GRCLE ONE) YES NO SOURCE ACTIVITY NUMBER INFORMATION (O�W� , RO , UTING'ORDER: „ „ Beloa�are coaectrout'tngsforttie'�cmostfrequenttYPes ofdocoments , CONTRAC,TS,(assomesaothoxizsd'budgete�sfs) COUNCIERESOLUTION(ameddbudB��Pf�) l. , 0utside I. D'uector ' �_ ASc�c3' DePa�!ent , � . _ . . � � � � � , � � 2.' Directar 2.Offce DePaRm�t ofF'm�crgl Sermces buectkx � � �3. CitFAttniney �� � � 3. Cit7r'�4ttaney' � � � �� � � 4. Ivfayor/Assisfant (for coa�acts over $25,000) 4. Mayar/A.c�stanf 5'. E�an RigfiLc (for co�rads over $5�,000) � � � � 5- C"d9 �@'o�a�1 , � � � � 6. ofFinsn A�tmg ? Off'x c�al Servic�.s - AacoffitinS 6. Office ofEinencisl Service�- " nn�sixEi�rivEOizbnzs courrea.�sc�r.vi�or'r<enoin��aoram��s> � � � �r.�nefivityManagerorDepei�entAeco,mf�t 1.I�epa�tmentn;rector . �� � �� � � , � � � � 2:,�Depar�entDirector � �� � � 2. C,i4y,'I�ttomex � � � � � � . 3: Offce'ofEinsnciai'ServicesDinector ' � � 3'., lyfayc�7Assistant, ;,�� � � „ . 4. C' Clak 4 C Coimcit �P ilY. � � � �5_ OS'iceofFwmmcial�Serbices-Accounting' � � � � , � � � � � � � � ADiNINISTRAITVE ORDFRS (all,otheis) ' EXECIJTLVE ORDER 1'. DepacmientD'uector ' &. DeP�tmentDirector , � �' � ,. 2: C' el „ Zt C" uY ttAmeY �tYAttoineY �� � 3. 3 MaporfAssista�Y'�, � � � � � 4. C- E' lerk , � ¢_ C' Cq' � � � � TOTAL N[JMBER OF SIGNATURE P �' ' � � � � AGES ; , "„', � . � 'catethe required p �etc�iporilagescfiofth�eaePB&��' ' ��� � �� �� � # of pagac on wluch signatures a�e' and aP , � � ACfIONREQUESTED �' � � � �� � � � � � � � � � � Descr�be wLst'the projecUr'eguest seelrs to acxomplisli m eithei chronologicaZ,orderor ,oider of�oopi�itsnce,lv�icheva vs mostappiopriatefortheiss�e. Donotwrifecompletesenteaccs."Be�neacliit�mpour'lestwiUisLab. � RECOlNpiIQ1DATIONS , � � � � � � � � � � � ' � � � � � Complete �fflse issoe in qaestionLes been presented before �Fbody, Pnbiic or pnvate. „ ., � � �� �info�ati' � ' �work�rs "� onctaims,t�ces' P�P�T�� : � � � � � � � � P ON SERVICE COI�TRACTS. , , This � �-willbe'vsedto�ine�fliecit�shabilityf�� co�ensati � ffid ctvil �servicchiru��g,niles. � � � � �� Ild117ATINGPROBEII� LSSUE, QPPORTUNITY F,icp�iu fbe siti�ati� or conditions �at creafed a.ncedforyour proJectorrequesf AD,V'ANPA OV'Ed � � G�ES � APPR „ . . � „ �ndiceke wheU� tlus is simply � mmual budgetProc��ue re4mred bY law/e�arYer or wheth� thae aee spec�fic ways m, ' . whicfitfieCityofSaintPaulandi►scitizenswiilbenefiEfirom'Hus � DIS2IDVANT.4(�SIFAPPROVED ', � � � �� � �„��� ��� � � � � � �� � Whetnegahve effects a'�lor cL�Bes to eiastmSorP�astP� uu�t Hqs Prolect�qaest Ptaluce �fat �s passed (e-g, haffic de}eys, noise; t� incaeases � asse,cmieuts)7 Towhom? W6enZE°orLow lorig? pfSADVANPA(�S IFI�IOTAPPROVED VPhatm7lbe,i�negatiuecbnseqoe�esifthepromisedachon�snotapproved7 Inabilitymdelivecservice2 Gouhnue , � Ltglitrat$c"noi§e��accidentrate? Lossot`reve�e?� ' , � FINANCTAL IldP�,C� ' � � � � � , , � ' , AIthoughj!oumustta�lortheinfoFinahonyauprovide'}�eretofihe•issue�Youarea�r�nB.'iu8eneralYoumustanswet Lwoqueshous;HowmachisitBomBtocost? Whois'gomgtopa}fl � � � � � � � � � � � � . , i , i , . � � i ,; , � � � mu �l � ,., � I. �. . .,�, �_.. . .�, ,JI „�-��c � � �� �.���7�l�l�f�i� �..��d.!��I�hr�� � ,1��?i;�r � h,o'. ... �� -��o MINLITES OF TF� LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOUTH, 925 GRAND AVENLTE, 296 SEVENTH S'I`REET EAST, 970 iTNIVERSTTY AVENUE WEST Room 330, City Hall Gerry Strathman, I.egislarive Hearing Officer STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman called the meeting to order at 10:00 a.m. 577 Smith Avenue South Julie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is someumes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging around the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for 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 Binkds letter. Frederica Musgrave, 568 Smith Avenue South, appeazed 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 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 are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Sirathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on °l�-'11� SUPERAMERICA LEGISLATNE HEARING MINLTTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding communiry. 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 tlae 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 6:30 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 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to 3ulie 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 5outh for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gerry Strathman asked about the customer litter. Gary Erickson stated the employees are told to pazk on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 p.m. and 5:00 a.m. for 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 0.$ -'1 �'O SUPERAMERICA L,EGISLATIVE 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. Ms. Schweinler responded adverse actions are not based on the number of police ca11s. 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 recoznmends approval of the license at 577 Smith Avenue South with the following 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 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 heazing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the boazd use this SuperAmerica because it is the only gas station for miles around. Son:e business owners called the office and said this SuperAmerica has been an asset. The Pianning 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. Hea1y said this would be considered. The Planning 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 Mark Peschel objecdng to the issuance of this license. This letter deais lazgely 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 guard at the store would not eliminate the problems of the neighbor that complained at the meefing. That neighbor's problems occur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posung 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. 4 P-1 to SUPERAMERICA LEGISLATIVE HEARING MINLTTES 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 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. Mark 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 Strathman stated he received four letters: two letters from Edouazda and 7ean 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, appeazed and stated they aze picking up litter in the neighborhood. Some trash cans have been supplied to azea businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There aze 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 aze loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to ciean up the litter once a day. Brad Monis stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjourned at 10:52 a.m. Council File # �g -�,Q ��1 Green Sheet # �Z �. � �J RESOLUTION CITY f�F�SAiNT PAUL, MINNESOTA L}� Committee Daie Referred To 1 RESOLVED, that application (ID #1998000149'� for a Gas Station, Crrocery (C), Restaurant (A), 2 Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba 3 SuperAmerica at 970 University Avenue West is hereby approved; and 4 FLTRTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following condition: pick up litter once a day. Requested by Department of: � Form Approved by City Attorney � m � Approved by I�7ayor:� � Date Approved by Mayor for Submission to Council � � Adopted by Coynsil: Date �fi��/'- S/ 9 9S/ Citv Council Offices Gerry Strathman, 266-8575 August 5, 1998 TOTAL � OF SIGNATURE PAGES Approving application for a Gas Station, Grocery (C), Restaurant (A), Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba SuperAmerica at 970 University Avenue West. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION GREEN SHEET oEr�nrm�r ou�srai � ❑ arc�naa�v ❑ aneu,u ❑ rwx�ua�aucFSew. ❑ AuxW�miv,.�c.o ❑wvael��ssrurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) p50NpL SERVICE CANiRAC15 MUST ANSWER TNE FOLLAWIN6 QUESlIONS: Fiac fhis P��rm erer worked under a cantract ior Nia EepartmeM? YES NO Has mis Pe�✓firm ever been a city emPloYee9 VES NO Does this peisorruhrm poscess a sldll not normaltypossesaetl by any curteM dly empbyee? YES NO Is this P��Mrm a targetetl ventlM YES NO �lain all ve8 answefs an aeoarate sheet aM sCaeh fn nfeen Shcet q�-�lo No 62113 aneawa Ilyd..:i•Pi�•7 OF TRANSACTION COST/REVR7UE BUD6ETm (GRCLE ONE) YES NO SOURCE ACTIVITY NUMBER INFORMATION (O�W� , RO , UTING'ORDER: „ „ Beloa�are coaectrout'tngsforttie'�cmostfrequenttYPes ofdocoments , CONTRAC,TS,(assomesaothoxizsd'budgete�sfs) COUNCIERESOLUTION(ameddbudB��Pf�) l. , 0utside I. D'uector ' �_ ASc�c3' DePa�!ent , � . _ . . � � � � � , � � 2.' Directar 2.Offce DePaRm�t ofF'm�crgl Sermces buectkx � � �3. CitFAttniney �� � � 3. Cit7r'�4ttaney' � � � �� � � 4. Ivfayor/Assisfant (for coa�acts over $25,000) 4. Mayar/A.c�stanf 5'. E�an RigfiLc (for co�rads over $5�,000) � � � � 5- C"d9 �@'o�a�1 , � � � � 6. ofFinsn A�tmg ? Off'x c�al Servic�.s - AacoffitinS 6. Office ofEinencisl Service�- " nn�sixEi�rivEOizbnzs courrea.�sc�r.vi�or'r<enoin��aoram��s> � � � �r.�nefivityManagerorDepei�entAeco,mf�t 1.I�epa�tmentn;rector . �� � �� � � , � � � � 2:,�Depar�entDirector � �� � � 2. C,i4y,'I�ttomex � � � � � � . 3: Offce'ofEinsnciai'ServicesDinector ' � � 3'., lyfayc�7Assistant, ;,�� � � „ . 4. C' Clak 4 C Coimcit �P ilY. � � � �5_ OS'iceofFwmmcial�Serbices-Accounting' � � � � , � � � � � � � � ADiNINISTRAITVE ORDFRS (all,otheis) ' EXECIJTLVE ORDER 1'. DepacmientD'uector ' &. DeP�tmentDirector , � �' � ,. 2: C' el „ Zt C" uY ttAmeY �tYAttoineY �� � 3. 3 MaporfAssista�Y'�, � � � � � 4. C- E' lerk , � ¢_ C' Cq' � � � � TOTAL N[JMBER OF SIGNATURE P �' ' � � � � AGES ; , "„', � . � 'catethe required p �etc�iporilagescfiofth�eaePB&��' ' ��� � �� �� � # of pagac on wluch signatures a�e' and aP , � � ACfIONREQUESTED �' � � � �� � � � � � � � � � � Descr�be wLst'the projecUr'eguest seelrs to acxomplisli m eithei chronologicaZ,orderor ,oider of�oopi�itsnce,lv�icheva vs mostappiopriatefortheiss�e. Donotwrifecompletesenteaccs."Be�neacliit�mpour'lestwiUisLab. � RECOlNpiIQ1DATIONS , � � � � � � � � � � � ' � � � � � Complete �fflse issoe in qaestionLes been presented before �Fbody, Pnbiic or pnvate. „ ., � � �� �info�ati' � ' �work�rs "� onctaims,t�ces' P�P�T�� : � � � � � � � � P ON SERVICE COI�TRACTS. , , This � �-willbe'vsedto�ine�fliecit�shabilityf�� co�ensati � ffid ctvil �servicchiru��g,niles. � � � � �� Ild117ATINGPROBEII� LSSUE, QPPORTUNITY F,icp�iu fbe siti�ati� or conditions �at creafed a.ncedforyour proJectorrequesf AD,V'ANPA OV'Ed � � G�ES � APPR „ . . � „ �ndiceke wheU� tlus is simply � mmual budgetProc��ue re4mred bY law/e�arYer or wheth� thae aee spec�fic ways m, ' . whicfitfieCityofSaintPaulandi►scitizenswiilbenefiEfirom'Hus � DIS2IDVANT.4(�SIFAPPROVED ', � � � �� � �„��� ��� � � � � � �� � Whetnegahve effects a'�lor cL�Bes to eiastmSorP�astP� uu�t Hqs Prolect�qaest Ptaluce �fat �s passed (e-g, haffic de}eys, noise; t� incaeases � asse,cmieuts)7 Towhom? W6enZE°orLow lorig? pfSADVANPA(�S IFI�IOTAPPROVED VPhatm7lbe,i�negatiuecbnseqoe�esifthepromisedachon�snotapproved7 Inabilitymdelivecservice2 Gouhnue , � Ltglitrat$c"noi§e��accidentrate? Lossot`reve�e?� ' , � FINANCTAL IldP�,C� ' � � � � � , , � ' , AIthoughj!oumustta�lortheinfoFinahonyauprovide'}�eretofihe•issue�Youarea�r�nB.'iu8eneralYoumustanswet Lwoqueshous;HowmachisitBomBtocost? Whois'gomgtopa}fl � � � � � � � � � � � � . , i , i , . � � i ,; , � � � mu �l � ,., � I. �. . .,�, �_.. . .�, ,JI „�-��c � � �� �.���7�l�l�f�i� �..��d.!��I�hr�� � ,1��?i;�r � h,o'. ... �� -��o MINLITES OF TF� LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOUTH, 925 GRAND AVENLTE, 296 SEVENTH S'I`REET EAST, 970 iTNIVERSTTY AVENUE WEST Room 330, City Hall Gerry Strathman, I.egislarive Hearing Officer STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman called the meeting to order at 10:00 a.m. 577 Smith Avenue South Julie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is someumes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging around the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for 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 Binkds letter. Frederica Musgrave, 568 Smith Avenue South, appeazed 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 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 are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Sirathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on °l�-'11� SUPERAMERICA LEGISLATNE HEARING MINLTTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding communiry. 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 tlae 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 6:30 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 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to 3ulie 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 5outh for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gerry Strathman asked about the customer litter. Gary Erickson stated the employees are told to pazk on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 p.m. and 5:00 a.m. for 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 0.$ -'1 �'O SUPERAMERICA L,EGISLATIVE 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. Ms. Schweinler responded adverse actions are not based on the number of police ca11s. 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 recoznmends approval of the license at 577 Smith Avenue South with the following 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 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 heazing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the boazd use this SuperAmerica because it is the only gas station for miles around. Son:e business owners called the office and said this SuperAmerica has been an asset. The Pianning 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. Hea1y said this would be considered. The Planning 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 Mark Peschel objecdng to the issuance of this license. This letter deais lazgely 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 guard at the store would not eliminate the problems of the neighbor that complained at the meefing. That neighbor's problems occur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posung 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. 4 P-1 to SUPERAMERICA LEGISLATIVE HEARING MINLTTES 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 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. Mark 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 Strathman stated he received four letters: two letters from Edouazda and 7ean 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, appeazed and stated they aze picking up litter in the neighborhood. Some trash cans have been supplied to azea businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There aze 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 aze loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to ciean up the litter once a day. Brad Monis stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjourned at 10:52 a.m. Council File # �g -�,Q ��1 Green Sheet # �Z �. � �J RESOLUTION CITY f�F�SAiNT PAUL, MINNESOTA L}� Committee Daie Referred To 1 RESOLVED, that application (ID #1998000149'� for a Gas Station, Crrocery (C), Restaurant (A), 2 Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba 3 SuperAmerica at 970 University Avenue West is hereby approved; and 4 FLTRTHER RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 7uly 16, 5 1998 decision of the Legislative Hearing Officer recommending approval of the license application with the 6 following condition: pick up litter once a day. Requested by Department of: � Form Approved by City Attorney � m � Approved by I�7ayor:� � Date Approved by Mayor for Submission to Council � � Adopted by Coynsil: Date �fi��/'- S/ 9 9S/ Citv Council Offices Gerry Strathman, 266-8575 August 5, 1998 TOTAL � OF SIGNATURE PAGES Approving application for a Gas Station, Grocery (C), Restaurant (A), Cigarette/Tobacco, Malt Off Sale and Alarm Permit (renew) License by Speedway SuperAmerica LLC, dba SuperAmerica at 970 University Avenue West. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION GREEN SHEET oEr�nrm�r ou�srai � ❑ arc�naa�v ❑ aneu,u ❑ rwx�ua�aucFSew. ❑ AuxW�miv,.�c.o ❑wvael��ssrurtl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) p50NpL SERVICE CANiRAC15 MUST ANSWER TNE FOLLAWIN6 QUESlIONS: Fiac fhis P��rm erer worked under a cantract ior Nia EepartmeM? YES NO Has mis Pe�✓firm ever been a city emPloYee9 VES NO Does this peisorruhrm poscess a sldll not normaltypossesaetl by any curteM dly empbyee? 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C- E' lerk , � ¢_ C' Cq' � � � � TOTAL N[JMBER OF SIGNATURE P �' ' � � � � AGES ; , "„', � . � 'catethe required p �etc�iporilagescfiofth�eaePB&��' ' ��� � �� �� � # of pagac on wluch signatures a�e' and aP , � � ACfIONREQUESTED �' � � � �� � � � � � � � � � � Descr�be wLst'the projecUr'eguest seelrs to acxomplisli m eithei chronologicaZ,orderor ,oider of�oopi�itsnce,lv�icheva vs mostappiopriatefortheiss�e. Donotwrifecompletesenteaccs."Be�neacliit�mpour'lestwiUisLab. � RECOlNpiIQ1DATIONS , � � � � � � � � � � � ' � � � � � Complete �fflse issoe in qaestionLes been presented before �Fbody, Pnbiic or pnvate. „ ., � � �� �info�ati' � ' �work�rs "� onctaims,t�ces' P�P�T�� : � � � � � � � � P ON SERVICE COI�TRACTS. , , This � �-willbe'vsedto�ine�fliecit�shabilityf�� co�ensati � ffid ctvil �servicchiru��g,niles. � � � � �� Ild117ATINGPROBEII� LSSUE, QPPORTUNITY F,icp�iu fbe siti�ati� or conditions �at creafed a.ncedforyour proJectorrequesf AD,V'ANPA OV'Ed � � G�ES � APPR „ . . � „ �ndiceke wheU� tlus is simply � mmual budgetProc��ue re4mred bY law/e�arYer or wheth� thae aee spec�fic ways m, ' . whicfitfieCityofSaintPaulandi►scitizenswiilbenefiEfirom'Hus � DIS2IDVANT.4(�SIFAPPROVED ', � � � �� � �„��� ��� � � � � � �� � Whetnegahve effects a'�lor cL�Bes to eiastmSorP�astP� uu�t Hqs Prolect�qaest Ptaluce �fat �s passed (e-g, haffic de}eys, noise; t� incaeases � asse,cmieuts)7 Towhom? 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Whois'gomgtopa}fl � � � � � � � � � � � � . , i , i , . � � i ,; , � � � mu �l � ,., � I. �. . .,�, �_.. . .�, ,JI „�-��c � � �� �.���7�l�l�f�i� �..��d.!��I�hr�� � ,1��?i;�r � h,o'. ... �� -��o MINLITES OF TF� LEGISLATIVE HEARING SUPERAMERICA STORES 577 SMITH AVENUE SOUTH, 925 GRAND AVENLTE, 296 SEVENTH S'I`REET EAST, 970 iTNIVERSTTY AVENUE WEST Room 330, City Hall Gerry Strathman, I.egislarive Hearing Officer STAFF PRESENT: Kristina Schweinler, License, Inspections, Environmental Protection Gerry Strathman called the meeting to order at 10:00 a.m. 577 Smith Avenue South Julie Binko, 568 Smith Avenue South, appeared and stated she has lived across the street from this SuperAmerica for over twelve yeazs. The noise level of the clientele is bad. Employees use the microphone as a D.J. system. Deliveries have been made at 3:00 a.m. Maintenance of the building is someumes done at 3:00 a.m., such as cleaning the hoods with a high power system. Employees sometimes have there friends hanging around the store. Throughout the years, there has been drug and prostitution trafficking at the store. Ms. Binko understands that the hours have been changed to close at midnight. She would like to see a contingency put on the license for 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 Binkds letter. Frederica Musgrave, 568 Smith Avenue South, appeazed 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 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 are boom boxes on in the middle of the night, Ms. Musgrave does not think the employees tell customers to turn the volume down. The cleaning of the awnings sounds very loud. There was a gang fight at the site. Ms. Musgrave called the Bloomington Office and spoke to someone about how the employees do not know what to do under certain circumstances. Ms. Musgrave knows several people who will not go to this SuperAmerica because of fights and azguments at the gas pumps. Gerry Sirathman stated he also received a letter from Paul Kunik, Member of the W.S.C.O. Building and Land Use Committee, raising objections to the issuance of this license. The essence of the complaint has to do with trash, loud music, noise, gang fights, no way to exit on °l�-'11� SUPERAMERICA LEGISLATNE HEARING MINLTTES OF 7-16-98 Page 2 Smith Avenue either north or south, the use of external speakers after 10:00 p.m. Mr. Kunik would like something in the license that would protect the residents in the surrounding communiry. 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 tlae 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 6:30 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 a.m. There is a policy at the store to not use the speakers between 9:00 p.m. and 8:00 a.m. If the policy is violated, Mr. Erickson needs to be notified. He has given his business card to 3ulie 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 5outh for eight years and is very receptive to problems. The canopy cleaning was a one time thing. There can be a restriction on the gas delivery. The gas is delivered at night because the lot is so small. Gerry Strathman asked about the customer litter. Gary Erickson stated the employees are told to pazk on the side street. They are instructed to pick up any litter they see when coming to the store. Mr. Strathman asked about the lack of snow and ice removal. Mr. Erickson responded the lot is small and snow is hauled away. The sidewalks are shoveled and salted. The pay phone has been turned off between 9:00 p.m. and 5:00 a.m. for 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 0.$ -'1 �'O SUPERAMERICA L,EGISLATIVE 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. Ms. Schweinler responded adverse actions are not based on the number of police ca11s. 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 recoznmends approval of the license at 577 Smith Avenue South with the following 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 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 heazing and decided to take another look at the issue. There was a boazd meeting on July 9 and one person expressed concerns about litter, noise at late hours, people not being respectful when driving in and out of the lot. Some members of the boazd use this SuperAmerica because it is the only gas station for miles around. Son:e business owners called the office and said this SuperAmerica has been an asset. The Pianning 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. Hea1y said this would be considered. The Planning 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 Mark Peschel objecdng to the issuance of this license. This letter deais lazgely 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 guard at the store would not eliminate the problems of the neighbor that complained at the meefing. That neighbor's problems occur when the customers are down the block. Gerry Strathman asked would Nancy Healy agree to the following being a condition on the license: once a day litter pick up and posung 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. 4 P-1 to SUPERAMERICA LEGISLATIVE HEARING MINLTTES 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 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. Mark 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 Strathman stated he received four letters: two letters from Edouazda and 7ean 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, appeazed and stated they aze picking up litter in the neighborhood. Some trash cans have been supplied to azea businesses. Litter is an ongoing problem. Previously, litter has been picked up once a week and that will be changed. As for the noise, the speakers on the canopy post will be pointed in towazds the store. The noise ordinance has been posted. There aze 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 aze loitering with their stereo on. Gerry Strathman stated litter is a problem no matter where you live. Sometimes people will buy something and throw the wrapper on the ground a block later. Mr. Strathman asked would the owner be willing to put a condition on the license to ciean up the litter once a day. Brad Monis stated he would agree with that. Also, the business is looking into closing at night for reasons other than what was mentioned here. Gerry Strathman recommends approval of the license at 970 University Avenue with the following condition: pick up litter once a day. Note: all the above matters will be on the City Council agenda for final approval on August 5. The meeting was adjourned at 10:52 a.m.