04-608Council File # �7r- L O �
Green Sheet # �� $(R��
RESOLUTION
Presented
OF SAINT PAUL, MINNESOTA
Referred To � , Comauttee Date
WHEREAS, the Legislafive Hearing Officer recommends that the license application (ID # 20040001024) for a
Malt Off Sale, Gas Station, Retail Food Grocery, and Cigazette/Tobacco Licenses by Ken Jedneak, co-owner,
doing business as Express Mart, 1980 Stiliwater Avenue, be approved with the following conditions:
1) The sale of gasoline is pernutted between the hours of 6:00 a.m. and 10:00 pm. for Sunday through
Thursday and 6:00 a.m. to 11:00 p.m. Friday and Saturday;
2) Seventeen parking spaces shall be provided;
3) A four to five foot wide planting azea shall be provided between the Stillwater Avenue driveways. The
existing plant azea shall be planted and maintained with shrubs, flowers, and other plant materials not
including grass;
4) The driveway from Iroquois Avenue shall remain one way going west; and
5) No bulk fuel deliveries between the hours of 11:00 p.m. through 6:00 a.m.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the aforementioned conditions.
Yeas Na s Absent
Benanav �
Bostrom �
Hazris ,�
Helgen �
Lantry ✓
Montgomery ✓
Thune �
�
Adopted by Council: Date �y,,� // c?i�D�
Adoption
By:
Approved
By:
Requested by Department o£
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
� Gree�a Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D� Gd8'
Departrnentloffice/councii: Date Initiated:
co -��.� ,��N� Green Sheet NO: 3018637
CoMaM Person 8 Phone• Deoartnent Sent To Person InitiaUDate
Marcia Moermond � 0 ooncii
266$560 Assign i ouncil De artnentDirector
Must Be on Council Agenda by (Date): Number 2 ; lerk
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip Aii LocaBons for Signature)
Action Requested:
Appcoving the license applicarion with conditions, per the Legislative Hearing Officer, for Mak Of Sale, Gas Sta6on, Retail Food
Grocery, and Cigazette/Tobacco Licenses by Ken Jedneak, co-owner, doing business as Express Mart, 1980 Stillwater Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city empioyee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet
IniGating Problem, Issues; Opportunity (Who, What, When, Where, Why):
AdvantapesifApproved:
DisadvanW5les If Approved:
DiSadvantaAeS If Not Approved:
' Total Amount of CosURevenue Budgeted:
Transac6on:
I Funding Source: ActiviW Number.
Financial Irdormation:
(F�cplain)
��/�or�
MII�tUTES OF THE LEGISLATIVE HEARING
EXPRESS MART - 1980 STII,LWATER AVENUE
Thursday, June 3, 2004
Room 330 Courthouse
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 3:00 p.m.
Ken Jedneak, co-owner, 4446 151 �` Street, Ham Lake, appeared.
As staff were not present at the beginuing of the hearing, Chuck Repke, District 2 Community
Council, 1961 Sherwood Avenue, requested to be heard first. He reported that they did not have
a community meeting in the neighborhood. The board is acqvainted with the conditions and
concerns. The board is impr.essed with how the operators have been rumiing the business. The
District 2 Community Council would recommend moving forwazd the license with conditions as
recommended by LIEP. The four condidons put on the original licenses were actually from a
Special Condition Use Permit. Mr. Repke would encourage those conditions to stay on the
licenses. One of the things that has helped improve the business is that the owners have closed at
10:00 p.m. The owners aze not interested in putting it on as a condition of the license, although
they aze voluntazily doing it. It was the feeling of the boazd that they are showing a sincere effort
to improve the situation; therefore, the board could not see taking this to adverse action to get an
hour restriction. If problems occur, they would take adverse action as they have done in the past
with this location.
Ms. Moermond asked have the past concerns carried over. Mr. Repke responded there are stili
teenagers who loiter, but the operators are mare committed to ca11 the police and encourage the
community council to talk to the police. The operatars are willing to work with the crime
prevention group.
Ms. Moermond explained the Legislative Hearing process: this is where she makes
recommendations on licenses when there has been an objection. The recommendation can be
one of three things: 1) grant the license; 2) grant the license with condifions; or 3) send to an
Administrative Law Judge (ALJ). The ALJ process is used when Ms. Moermond feels there are
conditions that need to be on the license that the applicant will not agree to, or the license is an
inappropriate use for the neighborhood. She cannot recommend denial. In tt�at event, it will go
to an ALJ, the ALJ will make a recommendation to the City Council, and the City Council wiil
hold a public hearing. They could impose conditions that the applicant may not be amenable to.
Kristine Schweinler, LIEP, reported the applicant is Express Mart, Inc., doing business as
Express Mart at 1980 Stillwater Avenue. The application is for the following licenses: Malt Off
Sale, Gas Station, Retail Food Grocery, and Cigazette/Tobacco. LIEP recommends approval of
the licenses with four conditions as follows:
1) The sale of gasoline is permitted between the hows of 6:00 a.m. and 11:00 p.m.
2) Seventeen parking spaces shall be provided.
3) A four to five foot wide planting area shall be provided between the Stillwater Avenue
�s� 60�
LEGISLATIVE HEARING FOR EXPRESS MART, 1980 STILLWATER AVENUE Page 2
driveways. The existing plant azea shall be planted and maintained with shrubs, flowers,
. and other piant materials not including grass.
4) The driveway from Iroquois Avenue shall remain one way going west.
Ken Jedneak stated he is buying this business. They have done a lot of work: remodeled the
inside, painted the outside, cleaned the pazking lot, striped the pazking lot, and installed new air
conditioning. They have spent $50,000 so faz. They haue moved the kids out of there. It is a
problem at every location. There aze no people hanging out there right now. He gives everyone
his cell phone numbers. They have to make the business profitable to make it a better
community; they have not hit that point there. They are closing at 10:00 p.m. now, and he does
not know if he will switch, but he likes the option of being open until 11:00 p.m. Sometnnes the
last hour is the most profitable because everyone watches the 10:00 news and then goes to the
convenienee stores. If it happened there, it would be Friday and Saturday nights only. Mr.
Jedneak feels they have gone out of their way for that area. Mr. Jedneak has worked with the
police department to get more enforcement, and they haue sent more squad cars every night.
Regazding Condition 1, said Ms. Moermond, if the license condition were to change to 10:00
p.m. there would be a inconsistency between the Special Condition Use Permit and the license.
Ms. Schweinler responded the license could be more restrictive.
Ms. Moermond asked would he be the manager on site. Mr. Jedneak responded he will be there
everyday.
Ms. Moermond added that there were three letters in addition to Mr. Repke's: Joan Simpson,
1953 Stillwater Avenue; Thomas McAuley, 883 Iroquois Avenue; and Elda Langston, 1939
Stillwater Avenue.
Joan Simpson, 1953 Sfillwater Avenue, appeazed and stated she is concerned about the one hour
difference. There already has been increased traffic because of the location of the store. They
moved there knowing that. She does not see the need for the off sale malt. There are enough
liquor stores for that. Her concern is the quality of the neighborhood. She and others have
avoided the store because of the situation there. The owner could get an increase in business
from those that live there as they watch it get safer, cleaner, quieter.
Thomas McAuley, 883 Iroquois Avenue, appeazed and stated the best thing that has happened in
the last ten years was the closing at 10:00 p.m. As a taxpayer and a property owner, he is entitled
to eight hours of peace and quiet. This is not a commercial district; if it was, he would not have
purchased a home there. They have done a wonderfiil job so far: they have cleaned up the
parking lot, striped it, drove the kids out. There still is drug trafficking at night. Whenever he
sees it, he calls the police and Kathy Lantry (Councilmember). When Oasis owned the property,
the pumps were setup for credit cards, they would be left on, and it was a problem. He does not
think that closing at 10:00 p.m. is unreasonable. Mr. McAuley talked to an officer that lived
across the street who said to call the squad. One officer said he does not have time for petty stuff
OS/ LOr
LEGISLATIVE HEARING FOR EXPRESS MART, 1980 STII,LWATER AVENUE Page 3
as his job is to catch bad guys and Mr. McAuley e-mailed Ms. Lantry about it. The police aze
busy, and it is hazd to get an officer to write a ticket for noise and speeding. Mr. McAuley has
used a radaz gun on Iroquois and has caught cars going down 47 miles per hour. It is a 28 foot
wide street. They have tried to make the street a one way. They stagger pazking cars on the
street so that only one caz can go through. Ms. Moermond responded that is a classic haffic
calming irick, but that has nothing to do with the store.
Ms. Moermond stated the other letter is from Elda Langston, who objects to the malt off sale and
the 11:00 closing because of the increased pedestrian and vehiculaz traffic.
Ms. Moermond asked were bottles the problem. Mr. McAuley responded he gets a considerable
amount of litter and broken glass at the end of his driveway. Some aze beer bottles, and he does
not think it is coming from the store. He does not lrnow how much profit there is in 3.2 beer.
Other neighbors also question the need to have it.
Mr. Jedneak stated the 3.2 is locked all the time. The employees are the oniy ones that have the
key. People have to be over 21. It is normally guys between 21 and 30. It is not a big seller but
it is another item that increases the profit of the store. If the store is not there, that would not be
good for the location either. The pazking lot would be used and open for a lot of things. Friday
and Saturday is not a problem on the time, but he does not want it written on the license. If
something is a problem, he would address it right away.
Ms. Moermond stated they often ask business owners to do a trash and litter check in the vicinity.
Mr. Jedneak responded that they aze always out there picking up trash. Ms. Simpson added that
it is one block away that people throw their trash. The neighborhood has a troubled apartment a
block away also.
Ms. Moermond asked is the malt off sale license currently in place. Ms. Schweinler responded
yes.
Ms. Moermond stated she likes the way the new owner is rumiing his business. In the fuilness of
time, she is concemed about the neighbors being assured and taken caze of . The location has
had problems in the past. These issues happen a11 the time with convenience store/gas station
uses. Because fhe district council was here supporting the issuance of the license as it stands,
Ms. Moermond is going to lean that way and go with Mr. Repke's recommendation to not
additionally condition the hours. She is hoping the communication remains good among the
owners, the neighbors, and the district council. The Council is sensitive to the concems of
district councils. For the time being, Mr. Jedneak is giving his word that he will close at 10:00,
Fridays and Saturdays at 11:00.
Ms. Moermond will recommend approval with the four conditions recommended by LIEP which
aze as follows:
Dy 6or�
LEGISLATIVE HEARING FOR EXPRESS MART, 1980 STILLWATER AVENLTE Page 4
1) The sale of gasoline is permitted between the hours of 6:00 a.m. and 10:00 p.m. for
Sunday through Thursday and 6:00 a.m. to 11:00 p.m. Friday and Saturday;
2) Seventeen pazking spaces shall be provided.
3) A four to five foot wide planting azea shall be provided between the Stillwater Avenue
driveways. The e�sting plant area shati be planted and maintained with shrubs, flowers,
and other plant materials not including grass.
4) The driveway from Iroquois Avenue sha11 remain one way going west.
5) No bulk fuel deliveries between the hours of 11:00 p.m. through 6:00 a.m.
The hearing was adjourned at 3:29 p.m.
rrn