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.
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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
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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
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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
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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
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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
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Approved by Mayor for Submission to Council
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CITY OF SAINT PAUL
Randy C. Kelly, Mayor
October 31, 2002
Dear Council President Dan Bostrom and Members of the City Council:
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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
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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,
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Randy C. Kelly
Mayor
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DFPARTMENTlOFFICE/COUNCIL DATE INRWTED Q'�,� �p� 't15
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COMACT PFRSON & PFiONE InMWIDat� InXiailD�s
Councilmember Blakey 266-8610 oE.Nn�rowrnae arccaxu.
MUST BE ON COUNCIL AGENDA BY (DA'f� ❑ ❑
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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)