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02-1005A �� G �� C � � o �3 ° aC�C�p� CouncilFile# �� Green Sheet # a�� r130 Presented B� Referred To RESOLUTION 2 WHEREAS, the City desires to immediately undertake a study of so- calied "convenience 3 stores" as well as "auto convenience stores" as defined in the I.egislative Code and the impact 4 these stores may have on the City's neighborhoods especially when there is a concentration of 5 these stores. 6 7 WHEREAS, the said study may lead to the adoption of amendments to the City's 8 comprehensive municipal plan and to its official controls; and 9 10 WHEREAS, development of additional convenience and auto convenience stores during 11 the study could result in land uses which would not be consistent with the goals and requirements 12 of the 1999 land use plan or comprehensive plan; and 13 14 WHEREAS, the potential for incompatible or inconsistent development within the area 15 raises substantial questions relating to the ability of the City's present official controls to provide 16 compliance with the comprehensive plan; and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WF3EREAS, in light of the City's desire to immediately commence a study of these uses for the purpose of identifying an overall vision for the City's neighborhoods and for the immediate need to preserve the status quo with respect to land use and to protect the general health, welfare and safety of the public pending the conclusion of the said study, the Council of the City of Saint Paul desires to immediately temporarily prohibit development on any parcel of land or part thereof within the City until such time as the aforementioned study has been completed and the Council of the City of Saint Paul has taken action on the recommendations contained therein: NOW, THEREFORE, BE TT RESOLVED, pending the adoption of a separate ordinance, the Council of the City of Saint Paul will hereby immediately prohibit for any parcel of land or part thereof within the City, the approval or issuance of lot splits, zoning pernuts, site plan appro�als and building permits for convenience and auto convenience stores until the expiration of� months as provided in Minn. Stat. § 462355, Subd.(4), or until such earlier time as the Council of the City of Saint Paul has taken action on the recommendations contained in the study.; AND, CITY OF SAINT PAUL, MINNESOTA 0 3.- �on s BE TI' FCTRTHER RESOLVED, that until such time as the separate ordinance has been adopted and approved pursuant to the Saint Paul City Charter and unless otherwise provided for below, city departments receiving written applications for the uses noted above shall accept the applications and immediately process the applications in accordance with the provisions of Minn. Stat. § 15.99, Subd. 2 and the intent of this resolution and the interim ordinance. BE 1T FTNALLY RESOLVED, that the restrictions contained in this resolution and in the said interim ordinance may be extended by action of the Council of the City of Saint Paul for those addirional time periods not to exceed the time provided in Minn. Stat. § 462.355, Subd. (4) in the event such study and recommendations and the deliberations of the Council require such extensions of time. Requested by Department of: Adopted by Council: Date O��'. Y�� sC0 � Adoption CertiBed by Council Secretary By: � �� ���...�" Appr by Mayor: Date BY � � � � �R' By' Form Approved by City Attorney �G✓ L/�vv�•�-- /u _ z,7- 6 2 By' T Approved by Mayor for Submission to Council By' ����� � � • � � �� � � ..,�..��,v�; � � �.' • ° � � Q�• ln�,5 CITY OF SAINT PAUL Randy C. Kelly, Mayor October 31, 2002 Dear Council President Dan Bostrom and Members of the City Council: ��1� �� � � ��� w �. I have retumed Council File 02-1005, as amended October 23, 2002, without my signature. The resolution purports to place a six-month moratorium on convenience and auto convenience stores. While I understand and applaud the concern for neighborhood stability that motivated the resolution, I have significant reservations whether the resolution is the best way to accomplish this goal. As a general matter, moratoria are rarely the most effective method to achieve good public policy. They tend to be blunt instruments and are reactive in nature. They are indiscriminate and apply to the good as well as the bad. They provide a sense of accomplishment that can delay meaningful action and precise, timely solutions. Specifically, with respect to this resolution, convenience stores have historically contributed to the rich fabric of Saint PauPs neighborhoods and have helped serve the daily needs of its residents. However, recent trends and anecdotal evidence suggest that a growing number ofconvenience stores are having a degrading impact on neighborhoods. The question before us is not whether we should try to protect neighborhoods against detrimental businesses. On that, we all agee. The question is how best to allow valuable convenience businesses to locate, grow and add to their neighborhoods while providing neighborhoods with effective tools to stop businesses that would be detrimental. This resolution is itself an example ofhow a well-intentioned moratorium can fall short of achieving its goals. I have been advised by the City Attorney that, where a license application was already pending when the moratorium was passed, the moratoriuxn would not block the granting of the license. Accordingly, a license was issued this week despite the moratorium resolution and despite significant neighborhood concem and opposition. With these concerns in mind, I am proposing an alternative that will better achieve the long-term goals of the resolution. First, I agree with the Council that the City should conduct a thorough examination of the current state of affairs with respect to convenience stores, and analyze likely trends. I will instruct departmental staff from LIEP and PED to assist in the gathering and analysis of the data. 390 City Hal( Telephone: 651-266-8510 IS West Kellogg Boulevard Facsimile: 65I-266-8513 Sairst Paut, MN 55102 _ :- . ��� �r " � � oa- �005 Second, I am committed to worlang with the Council to develop a plan that will address the detrimental impact ofmismanaged convenience stores at its roots and enact safeguards to ensure that licenses are issued only to those businesses that we are reasonably assured will benefit the community. The plan must be systemic and proactive. We will bring together a working group including our rewlatory staff, the Mayor's office, the City Council, the neighborhoods and businesses to develop the plan. This report and plan will be completed in three months - half the rime stipulated by the moratorium resolution. During these three months, I will instruct staff serving in licensing and zoning oversight capacities to be especially diligent to ensure that requests for licenses or variances are held to the highest allowable standard. I welcome and invite the input of the Council and interested neighborhoods as this process proceeds. Sincerely, / , i/ r � • • Randy C. Kelly Mayor � DFPARTMENTlOFFICE/COUNCIL DATE INRWTED Q'�,� �p� 't15 c�t coun��i o�t. Zs, Zooz GREEN SHEET No 200730 COMACT PFRSON & PFiONE InMWIDat� InXiailD�s Councilmember Blakey 266-8610 oE.Nn�rowrnae arccaxu. MUST BE ON COUNCIL AGENDA BY (DA'f� ❑ ❑ •sswx October 23, 2002 (Sus ension) N ��� ar..nox�v arracnrz - ROIlfiXG . � FWMCYIIERNCF9GR il1CMCLILSERV/ACCTO ❑r�mRlat�msraxp ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED . Approving a six-month moratorium on convenience stores in the City pending a study of their impact on neighborhoods. RECAMMENDATION Approve (A) a Reject (R) PERSONAL SERVICE CONiRACTS MUSTANSWER TNE FOLLOWING QUESiIONS: 1. Has this person/firm ever worked untler a coM2ct forthis depaAmeM7 PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has this persorJfirm ever been a ciry empbyee? CIVIISERVICECAMMISSION rES No 3. Dces this persoMfirm poasess a sldll nM normalrypossessed by airy curtent city employee? YES NO 4. Is Nis persoMrm a tarpeted vendoR YES NO F.�lain all yes anavreis on sepa2te sheet and at[ach W green sheet INITIA7ING PROBLEM ISSUE, OPPORTUNIiY (Who. What, When, Where, Why) ADVANTAGES IF APPF20VED DISADVANTAGES IF APPROVED DISADVANTAGESIFNOTAPPROVED TOTALAMOUNTOFTRANSACTIONf CAST/REVENUEBUDGEfED(CIRCLEONE7 YES NO FUNDING SOURCE ACTNITY NUMBER FlNANCIPL WFORMAiION (IXPWN)