03-1107Council File # �3 " /���
Green Sheet # 3 S j
RESOLUTION
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PA�1L, MINNESOTA
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Referred To Committee Date
Resolution Accepting the Report of the Coirvenie`nce Store Ad Hoc Work Group /
1 WHEREAS, the City Council requested in Council File # 02-1005 that a study be conducted of convenience,st� s
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2 for the purpose of identifying an overall vision for the City s neighborhoods and for the immediate need to
3 preserve the status quo with respect to land use and to protect the general health, welfare and safety of the
4 public pending the conctusion of said study...
5 WHEREAS, the Mayor concurred with the Council's assessment in October 31, 2002, letter to them stating that the
6 the City should conduct a thorough examination of the current state of affairs with respect to convenience
7 stores and anaZyze likely trends...
8 WHEREAS, the Convenience Store Ad Hw Work Group developed a report which includes data analysis, findings on
9 the cunent state of affa'us with respect to convenience stores and specific recommendations for action; and
10 WHEREAS, this report was provided to Council on September 25, 2003; now therefore be it
11 RESOLVED, that the City Council hereby aclmowledges and thanks the members of this Work Group for their time,
12 insights and dedication; and be it further
t3 RESOLVED, that the City Council hereby accepts the report of the Convenience Store Ad Hoc Work Group and
14 forwazds tlus report to the City's Business Review Council for their consideration and fcedback
Requested by Department of:
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Form Approved by CiTy Attorney
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Adoption Certified by Council Secretary
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Appro
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Approved by Mayor for Submission to Council
Adopted by Council: Date ��i_✓, /7 �/Jp.3
b3 - //07
DEPARTMEMlOFFICHCOUNCIL DATE WRwiED
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TOTAL # OF SIC,NATURE PAGES (CUP ALL IOCATIONS FOR SIGNATURE)
CTION REIIUESTED - � - � - ' ' - ' '
Apprwal of resolarion accepting the report ofthe Com�i�ce Store Ad Hoc Work Crroup and fatwandiag the report to ihe Cit}�s Business Review
Coimcil.
RECAMMENDATIONA�1PfOYE( MREJEM(R) PERSONqLSERVICECONTRACT5MU5TANSWERTHEFOLLOWINGQUESTiONS:
7. Has th's persoNfirm ever vrorked under a contraG Por this department'7
PLANNING COMMISSION vES u0
CIB COMMITTEE 2. Has ihis perso�rm erer been a cily empbyee?
CIVILSERVICECAMMISSION ves NO
3. Does this persa�/firm possess a sldll not nwmallyposses.aetl by any curreM city employee?
YES NO
4. is this P�Mrm a tarpeted vendo(7
YF_S NO
E�ryNtain aN Yes ansvers on v'-Pa�te sheM a�M attach M Sreen sheH
INITIATING PROBLEM ISSUE, OPPORNNITY (Who, What, When, Where, Why)
ADVANTAGES�FAPPROVEO
DISADVANTAGES IFAPPROVED
DISADYAMAGES IF NOT APPROVED
�
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUD6ETED (CIRCLE ONE) YES NO
FUN�ING SOURCE ACTIVITV NUMBER
FlNqNCIP1 INFORMq110N (p(PWN)
O 3 -�/07
CITY OF SAINT PAUL
Randy C. Kelly , Mtry'ar
DATE: September 25, 2003
TO: Mayor Randy Kelly
City Council Member Benanav
City Council Member Coleman
City Council Member Lantry
FROM:
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>
25 West Fourth Street
Saint P¢ul, MN55702
Telephone: 651-266-6626
Fauimile: 651-228-334I
City Council President Boslrom�
City Council Member Blakey
City Council Member Harris
City Council Member Reiter
The Convenience Store Ad Hoc Workgoup
Recommendations regarding convenience stores in the City of Saint Paul
BACKGROiJND
On October 23, 2002, the City Council passed resolution 02 10-05, authored by Council Member Blakey,
imposing a six-month moratoriuxn on "the approval or issuance of lot splits, zoning permits, site plan
approvals and building pernuts for convenience and auto convenience stores."
On October 31, Mayor Kelly sent a letter to the City Council detailing his opposirion to the moratorium.
However, in that lefter he also committed to working with the Council to "develop a plan that will
address the detrimental impact of mismanaged convenience stores at its roots and enact safeguazds to
ensure that licenses are issued only to those businesses that we are reasonably assured will benefit the
community."
WORK GROUP FORMAT`ION
The Convenience Store Ad Hoc Work Crroup was created and held its first meeting on December 4, 2002.
Made up of staff from the Mayor's Office, City Council Research, the City Attomey's Office, LIEP,
PED, the Police Department, the Fire Deparhnent and the public, the Work Group met nine times to
analyze the state of convenience stores in Saint Paul and develop reasonable and effective
recommendations. (See Attachment)
The wark began by reviewing the status of convenience stores in Saint Paul and their impact on
neighborhoods. (See the enclosed memo enritled "Analysis of Convenience Store Information") While
empirical data was limited, accurate anecdotal information was readily available. Several members of
the Work Crroup are intimately familiar with the most problemaric convenience stores in Saint Paul and
idenfified commonalities between them.
It became evident that the issues related to problem convenience stores were complex and multifaceted
and that the solutions would likewise, need to be multifaceted. The Work Crroup's goals were to: 1)
idenrify means to prevent poorly managed and operated convenience stores from opening; 2) detemune
Page 1 of 2
0 3 - I/o7
how to best respond to those that had akeady opened; and 3) achieve the above two objectives without
placing an onerous burden on well managed and operated businesses or dissuading responsible
businesspeople from opening convenience stores.
The Work Crroup also detexmined that it would be difficult to restrict its focus to convenience stores
alone. The reason for this is that the similarities between convenience stores and other businesses aze
far more common than are their differences. For example, convenience stores are not defined in code as
a unique type of business and they share their licensing and zoning classifications with many other
businesses. In fact,, recently passed state law requires convenience stores to be licensed along with all
grocery stores under the Retail Food Establishment License.
It was with these facts in mind that the Work Group members reached the consensus that rather than
designing another layer of regulation dealing exclusively with convenience stores, it would be preferable
to modify and improve the tools currently available. The advantages to this course of acrion are that 1)
results will be attained without creating another burdensome layer of regulafion; 2) current rules and
procedures will be improved, thereby enhancing the City's ability to oversee, not only convenience
stores, but other businesses as well; and 3) individuals will not be dissuaded from conducting business in
Saint Paul because of additional and onerous regulation.
Please review the attached document in which those recommendations that received unanimous support
are outlined. Members of the Ad Hoc Work Group will schedule briefing meetings with Council aides.
They also stand ready to meet with any Council Members to answer questions and discuss their
recommendations. The Work Group members are prepazed to serve as resoUrces during the
impiementafion process should the Mayor and City Council choose to move forwad.
j� , �� ���� � _
Bandemer Pat Fish � 7ohn Hazdwick
Polic�e Department
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Stacey Millett
Public Representative _
�:l�t"�?��@,{]�'�C�
Sheri Pemberton-Hoiby
PED U
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Kristina Schweinler
LIEP
Fire Deparhnent
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Marcia Moermond
City Council Reseazch
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Ctiristine Rozek ��
LIEP
Jun Zdon
PED (Rerired)
LIEP
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Ginger Palmer
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City Attomey's Office
IIV�'� /� k-�
Kurt Schultz ✓
Mayor's Office/PED
Page 2 of 2
03- //D�
�� GITY OF SAINT PgUL
_._r�';'_ OFFICE OF THE CITY COUNCIL
MEMORANDUM
Augi�st 20, 2003
To: Convenience Store WoTkgroup Members _��
G�/�
From Mazcia Moermond, Policy and Reseazch e�m Lead
Re: Analysis of Convenience Store Information
This memo summarizes the fmd'mgs of my exammation of several types of mformaYion on twelve
convenience stores. It is mtended to serve as backgrotmd for those reviewmg the recommendations
of our workgroup. It is also hoped that analysis of this mformation would document the types of
problems bemg experienced and focus our policy recommendations accord'mgly.
CONVEI�TIENCE STORES SELECTED FOR ANALYSIS
The twelve convenience stores I exammed were identified by Police Department district
commanders at the request of Sgt. John Bandemer of our workgroup. He asked the commanders to
provide a list of convenience stores they considered to be problem properties. The Convenience
Store Workgroup asked that they not distmguish between auto-related and non-auto-related
convenience stores. The stores and a summa.-y ofpolice call data prepazed by Sgt. Bandemer
appears in a table on the followmg page.
There aze two observations I would like to share about the mformation m this table. First, the
predommance of neighborhood grocery/convenience stores showing up as probiem properties m the
eastem part of the City, as opposed to the gas station/convenience stores identified as problem
properties in the central and western parts of the Ciry. Tbis speaks daectly to the scope of our
work. The original resolution requestmg the moratoritun on convenience stores pending a study
specified both types of stores, and was later modified to eluninate the moratorium on auto-related
convenience stares. If the district commanders' nommations are any mdication, both types can be,
and aze, problem properties.
The second observation has to do with the decrease m the number of police calls from 2001 to
2002, 33% overall. I expect this decrease has to do with the tendency to look at current or
established problem properties, raiher than reflectmg on emerging ones. In other words, these are
the problem properties which were very ]�lcely to bave already eaperienced increased scrutmy, wluch
then led to a reduc6on m calls for police service.
PROBLEMS GROUP ARTICULATED
At the beginnmg ofthe group's work, we "brarostormed" to create a]ist ofthe types ofproblems
we understood were beumg eaperienced by City staff and neighbors of problem convenience stores.
CITY HALL THIRD FLOOR SAINT PALJL, MINNESOTA 5 5 102-1 615
s as
Prinred ov Rerycled Paper
03 �//D7
con�enience store
Informatian Analysis
Page 2
We did not try to rank or prioritize these problems, or sepazate the causes and symptoms of the
problems. The "brainstorm list" is outiined in the second table on this page.
Police Calls for Service for Selected Problem Convenience Stores, 2001-2002
Police Calls for Service
+ or - Z001- 02
Address Convenience Store 2001 2002 I # %
719 Burr Street
962 Burr Street
589 Dale Street N.
879 Fremont Avenue
236 Grand Avenue
374 Leacington Pkwy N.
399 Lexington Pkwy N.
Kormavn's Grocery
Burr Sh�eet Crrocery
Dale Speedy Market/Supetette
Lohmer's Grocery
Grand and Smith Mobil
Amoco Le�cington
Super America
1541 Maryland Ave. E. Sam's Dairy and Deli
957 Rice Street
1200 Rice Street
296 Seventh Street E.
970 Univasity Ave. W.
Super America
Rice Street MarkeUOasis
Super America
Super America
150
64
112
82
33
200
52
78
126
55
70
88
81
103
47
95
32
32
35
56
90
45
64
49
TQ�TA,T,
760
-69
+39
-65
+13
-1
-168
-17
-22
-36
-10
-6
-39
-46 %
-6] %
-58 %
+16 %
-3 %
-84 %
-33 %
-28 %
-29 %
-18 %
-9 %
-44 %
-381 -33 %
Issues Associated with Problem Convenience Stores
o loitering o o p� air drug dealing
o selling stolen goods (baby formula, tennis shoes, etc.) o poor and often absent management
o selling illegal goods (fireworks) o eaccessive consumption of city services
o litter o vnpact on neighborhood of frequently vacant
o paying cash out on EBT cards convenience stores (through revocation of C of
0 outdoor phones used for drug dealing O, condemnaKon, or frequent sales/
o mix of goods sold (not milk, bread, cigarettes, so management changes of the business)
much as drug paraphernalia, incense, etc.) � view through windows and doors into store
n sale of drug pazaphernalia blocked by elccessive signage (safety)
The group also discussed what impact the density of convenience stores could have on a
neighborhood. There was general agreement that the issues associated with problem convenience
stores were specifically associated with that property, and not connected to the proximity of other
convenience stores. The group commented that concentration of convezrience stores seemed to
be connected to mazket conditions, housing concentration and the mobility of the surrounding
neighborhood's residents.
In examining eacisting City information on these convenience stores, it was possble to document
the prevalence of some of the problems identified by the group, such as exceptionally tugh levels
of city services. In other cases there was no data to rely on, as is the case with blocked views into
o3-i�o7
con�enience store
Information Anatysis
Page 3
the store through windows and doors because of excessive sigoage. Finally, some of the
problems could not be smmply quantified, hlce neighborhood impact. The next section of this
memo will outline some of the problems we can validate, and others that were identified, loolflng
at several City data sources.
POLICE CALL INFORMATION
Perhaps the best way to document tfie types ofproblem behaviors encountered at these
convenience stores is to look at the lists of calls for police service to each address. The followmg
table provides information on how many, and what proportion, of the calls for service to these
properties requ'sed o�cer action — which is one mdication of the seriousness of the situations
encountered.
Calls Requiring Service 2001-02
Total Calls Requiring Officer
Calls Acrion at Property*
# $� %
719 BuiL St[at
962 Burr Strcet
589 Dale Street N.
879 Fremont Avenue
236 Grand Avenue
374 Lexington Pkwy N.
399 Lelcington Pkwy N.
1541 Maryland Ave. E.
957 Rice Street
1200 Rice Street
296 Seventh Street E.
970 University Ave. W.
TOTAL
Kormann's Grocery
Burr Street Grocery
Dale Speedy Market/Superette
Lohmer's Grocery
Grand and Smith Mobil
Amoco Lc�ington
Super America
Sam's Dairy and Deli
Super America
Rice Street MazketlOasis
Super America
Super America
231
167
159
177
65
232
87
134
216
100
134
137
109
122
104
71
51
194
59
65
127
70
88
106
47 %
73 %
65 %
40 %
78 %
84 %
68 %
49 %
59 %
70 %
66 %
77 %
63 %
`"Officer action at proper[y�' inclndes the following police-coded outcomes: Report (police report written, tlus includes cases
where citations were written or arresu were made); Advised; and Transport to Detox There aze severai categories oF call
outcomes not included in the table as `bfficer action at property:" These include: Traffic (TRF), Gone on Arrival (GOA),
Duplicate (DUP), Canceled (CAl�, Previous Case Number (PC1V), TJnfounded (L7NF), Service Not Required (SNR).
Two factors in particular need to be considered when exawniing police calls for service. One
factor is that xnany tunes the police do not get a call £or service to a particular address (especially
businesses), but for a general location or intersection. The other factor is that sometimes a
convenience store may be the place where a call for service has come from, but the problem may
have originated in a nearby residence or other location. In this case the convenience stare is
potentially operating as a"safe haven." Notably, there is no way to document the number of calls
added because people nearby are using the store's phone, or the number of calls missed because a
different address or location was given.
v 3 - /l07
con�enience store
Tnformation Analysis
Page 4
Before analyzing the police call mformation, I would have stu�mised that the vast majority of calls
to convenience stores, even problem convenience stores, were property or nuisance crime related
— not violent. However, there was a relatively high level of violent crimes being experienced at
these properties as well. The types of crime experienced at these convenience stores aze outlined
m the following table.
Balance of Crime Types Based on Calls Requiring Officer Acfion 2001-02
Property' Nuisance Violent' Unspec.°
719 Burr Street
962 Burr Street
589 Dale Street N.
879 Fremont Avenue
236 Grand Avenue
374 Lexington Pkwy N.
399 Lexington Pkwy N.
1541 Maryland Ave. E.
957 Rice Street
1200 Rice Street
296 Seventh Street E.
970 University Ave. W.
Kormann's Grocery
Burr Street Crrocery
Dale Speedy Mazket/Superette
Loluner's Grocery
Crrand and Smith Mobil
Amoco Lexington
Super America
Sam's Dairy and Deli
Super America
Rice Sueet MazkeUOasis
Super America
Super America
29 %
30 %
13 %
18%
31%
11%
q� o�u
28 %
23 %
26 %
35 %
24 %
14% 12% 45%
12% 7% 51%
14% 13% 60%
23% 24% 35%
18% 14% 37%
30°/a 6% 53%
19% 7% 28%
19% 17% 36%
24% 17% 36%
17% 26% 31%
24% 10% 31%
23% 12% 41%
AVERAGE 24 % 20 % 13 % 43 %
� Property Crimes: 1) Vandahsm; 2) Theft; 3) Burglary ; 4) Auto Theft; 5) Dangerous Conditions; 6) Arson
� Nnisance Crimes: 1) Disorderly Person(s); 2) Nazcotics/Drugs; 3) Disturbances; 4) Public D�inking; 5) ProstiW6on; 6)
Loud Music; 7) Hazanguing of Passers by, 8) Bazking Dog Problems; 9) Dog FigUting
' Violent Crimes: i) Domestic Violence; 2) Other Violence; 3) Cluld Abuse/Neglect; 4) Fights; 5) Aggravated Assault; 6)
Weapons; 7) Missing Persons; 8) Stalltiu� 9) Robbery
` Unspecified: Type of crime not appazent &om calls for service codes.
OTHER CITY SERVICES
Code Violations
SiY of the twelve stores exanvued have eaperienced exterior code violarions, typically gazbage and
trash problems, wluch were addressed through sununary abatements conducted by the City.
However, there were also occasional problexns with graffiti, snow and ice on the sidewalks, and
securing vacant buildings. Two of the twelve had problems maintaining their Certificates of
Occupancy (C of O) because ofbuilding maintenance problems.
Licenses
One key feature of convenience stores is that they are businesses which require licenses to sell
food. They xnay also have licences allowing them to sell cigarettes or beer, or operate as a gas
station. The presence of the license(s) gives the City a strong tool to aid in correcting fhe
problexns being experienced at these stores. However, there are several factors that make
03- //�7
coa���� sto�e
Informatioa nnalysis
Page 5
licensing less usefixL Two of these factors identified by the group aze 1) incomplete or false
informarion on license application forms; and 2) the licensee was not necessarily the business or
building owner (which is especially problematic when the owner has a problem crnnmal history, or
is absentee). Additionally, the process for pursuing adverse actions against license holders is
cumbersome to use. Therefore, the group focused its discussion on ways to improve the licensing
process, as is out]med in the workgroups' recommendations.
�
In comparing problem convenience stores exanvued to the chronic problem properties studied by
Council Research many siu�ilarities become appazent. Perhaps first and foremost is how
neighborhood feaz associated with crimaial activities colors all other neighborhood reactions to
the property. In the chronic problem properties research, we outlined a set of "property-
associated disorders" which are linked to crime increases and neighborhood decline. The
following table outlines these problems and highlights those problems which were documentad in
the convenience stores we exaznined. "Broken Windows" and related theories tell us that the
physical decline of a neighborhood ultunately leads to more crime in public spaces — clearly,
convenience stores would be classffied as "public spaces." The physical probiems (garbage in
particulaz) at these stores, coupled with the behavioral problems is reinforcing people's perception
of a lack of safety in the azea. For the City, this means people will emotionally and fmancially
disinvest in the area.
Physical and Social Disorder Affecting Neighborhoods
(Bold teat indicates those examples documented for the sample of problem convenience stores)
Physical Disorder
Broken Windows
Boazded Vacant Buildings
Vacant Buildings
Abandoned Buildings
Dilapidated Buildings
Garbage/TrasL/Litter
Tall Grass/Weeds Grown-up
Junk Cazs (Private Property)
Vandalism
Abandoned Velucles (Public Property)
Dumping
Noise
Pom Theaters
Bazs
Graffiti
Social Disorder
Prosfitution
Public Drinldng
Unpredictable People
Sexual Harassment on the Street
Domesric Disputes that Spill into Public Space
Public Insults
Robbery
Loitering
Panl�andlers Gunfire
Vagrancy Weapons
Mentaily Disturbed Drug Dealing (Open Air and Drug Houses) Curfew Violauons
HarassmentlHaranguiug Auto Theft Street Dog Fighting
School Disruption Arguing/Fighring Among Neighbors Truancy
Gang Violence Lack of Traffic Enforcement Gambling
Rowdy Teens
The "disorders" neighbors aze seeing at these problem convenience stores aze critically important
for two reasons. First, they are, in and of themselves, widely understood signs of neighborhood
decline. Secondly, they aze "cancerous" because the decline they represent encourages finaucial
and emotional disinvestment from the area. Therefore, this workgroup has put forwazd the
recommendations in the accompanying document.
03 - //v7
Convenience Store Work Group Recommendations
September 24, 2003
Objectives:
* Identify means to prevent poorly managed and operated convenience stores from opening
and determine how to best respond to those that have already opened.
'* Achieve the above objectives without placing an onerous burden on well managed and
operated businesses.
Recommendations
Shoit Term Goa/
� Implement the state law by licensing convenience stores (along with all grocery stores)
under the new "Retail Food Establishxnent License."
✓ City staff are currently implementing the Retail Food Establishment License law
in Saint Paul.
Short Te�m Goa/
Pass an ordinance requiring all new and renewing Retail Food Establishxnent License
applicants complete the Class N license application.
✓ Currently convenience store business owners and others who fall under the Retail
Food Establishment umbrella complete the Class R license application.
✓ The Class N license application is a tool that allows for more scrutiny of
prospective business owners and managers by requiring more information
including:
• owner's date ofbirth
• owner's conviction record and background check
• original manager's birth date
• original manager's conviction record and background check
✓ The Class N license requires community notification and if concems are
expressed by the community a hearing must be held.
✓ The Class N License appiication process will: 1) help identify unqualified
applicants; 2) increase public oversight; and 3) provide the grounds for license
revocation in certain instances (see below).
Page 1 of 8
03 - /l0'
✓ The Class N license applicarion does not place an undue hardship on legitimate
businesses.
✓ Lunitations and Drawbacks to the Class N license include:
The information gathered from the Class N application and background
checks is somewhat limited in value, in that only information related to
owning or operating a business is grounds for denying or revoking a
license.
Community Notification delays the process for opening a business by at
least 30 days.
Processing a Class N license application requires more staff time than a
Class R license.
Short Term Goa/
Through administrative means, amend the Class N license application in the following
ways:
✓ Make "incomplete information" b ounds for denial of a license.
Currently the application states that false information is grounds for denial
of the license.
Anecdotal information suggests that some applicants insert accurate
information (e.g. name, social security number) but that the information
may be incomplete (e.g. the individual has several aliases or social security
numbers). Incomplete information should be grounds for adverse action.
✓ Make false and incomplete information grounds for revocation of a license.
Currently the applicarion states that false inforxnation is grounds for denial
ofthe license only.
If false and/or incomplete information exists on an application and is not
discovered until after the license has been issued, the City should have the
authority to revoke it.
✓ Require the applicant to list other names or aliases that they have used.
This question is borrowed from the liquor license application and will
assist with screening applicants.
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03 - i�b 7
✓ Require the applicant to state that he/she is in the country legally.
This question is borrowed from the taYi cab license application and will
also assist in screening applicants.
Medium Term Gva/
Expand the list of individuals and organizations that aze notified of license renewals.
✓ Twice a yeaz the City notifies District Councils and a limited number of other
organizations about what businesses aze seeking license renewals.
✓ PED, which has many contacts throughout the City, will help Licensing expand its
list of contacts.
✓ By infoxxning more people of license renewals and soliciting feedback, the City
will be better able to identify businesses that aze problems and act accordingly.
- Short Te�m Goa/
Pass an ordinance requiring each business covered by the Retail Food Establishment
License to post in a conspicuous place on the premises of the business the names,
addresses and phone numbers of the business owner and manager. Failure to comply
would be a violation of the ordinance.
✓ Posting names of owners and current managers provides important information to
members of the public that may want to file complaints and City staff that may
want to know the name of the responsible party when conducting inspections or
other official business.
✓ It would be possible to require this information to be submitted to the City each
time it changed, but managers may turn over frequently and expecting all Retail
Food Establishxnent License holders to submit to the City all such changes is
unrealistic. Furthermore, keeping track of such changes may also be a poor use of
staff time. Therefore, posting of the information on the premises is a good
compromise.
Lon9 Term Gna/
Review the fee schedule for the Retail Food Establishment / Class N License and make
necessary adjushnents in approximately one year.
✓ The Retail Food Establishment License and its associated fees aze a recent
development and time is necessary to determine if the fees accurately reflect the
cost of issuing the license.
Page 3 of 8
03-11d7
� Onooinn Goa/
Improve the coordination and cooperation of those departments that aze responsible for
oversight of convenience stores in particulaz, and problem properties in general.
✓ Currently, two oversight groups exist.
One is the Problem Property Task Force which deals exclusively with
problem properties. The members include representatives from Fire
Prevention, Code Enforcement, LIEP, Police, PED, the City Attorney's
Office, the Tenants Union and the Minnesota Multi-Housing Association.
A smaller, internal subset of this group, consisting of Fire Prevention,
Code Enfarcement, LIEP, Police, and the City Attomey's Office, also
exists. Both groups aze chaired by Fire Deparhnent staff.
� This group should develop quarterly reports regazding problem
properties (not just convenience stores) within the City using
complaint information in Amanda.
} This information should be entered into the matrix (see below) to
determine which properties are in violation and subject to adverse
action.
• The second group is the LIEP Coordination Group. It consists of LIEP,
Code Enforcement, PED, the City Attomey's Office and Fire Prevention.
This group is broader in nature than the above group, focusing on policies
and business issues related to licensing, code and certificates of occupancy
as well as coordination between departments. This group is chaired by the
LIEP Director.
On9oing Goa/
Encourage the Police Deparhnent to cantinue in its leadership role and take even greater
ownership of the issues surrounding convenience stares and problem properties.
✓ Police are on the front lines in Saint Paul. They are the City's eyes and eazs and
they are often able to identify wluch properties are problems and which are not.
Likewise, because of their ever-present sTatns ou the streets, they are better able to
document alleged problems brought to the fore by others.
✓ A police sergeant is assigned to be the liaison with LIEP and a commander is
assigned as the liaison with Code Enforcement. Assurances have been provided
that communication will improve through these existing channels.
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✓ It is critical that the police liaisons collect data, analyze police calls for service,
compile statistics and refer problem properties to the appropriate personnel in Fire
Prevention for action on the Certificates of Occupancy, and LIEP for actions on
licensure.
Toward that end, the Police Departinent has committed to idenrify license
holders at those properties that have excessive (four or more) calls for
service and to forwazd that information to their LIEP liaison. The police
will also be more aggressive in dealing with the license holder at these
properties.
✓ One of the police liaisons, or their representative, should be a member of the two
oversight groups identified above and bring to them the knowledge and expertise
of the Police Department.
✓ In an effort to better equip police to deal with problem properties, training and
educational materials (in the form of regular informational bulletins) should be
made available to officers. Cadets at the academy, and officers during an in-
service pro�am, should receive cross-training from LIEP, Code Enforcement and
Fire Prevention. The training and written material will cover important subj ects
that officers will find helpful, including charitable gambling, licensure of taaci cabs
and peddlers, animal control, zoning, liquor regulations, code and safety
violations and issues related to convenience stores.
Snnilar training sessions could be made available to appropriate
individuals withing PED, Public Works, the Fire Department, district
councils and other appropriate community-based organizations.
Lonq Te�m Goa/
Within the city code, develop a matrix that identifies the array of violations for which a
properiy may be cited, and prescribe the penalties based on cumulative violations. This
is a practical means to identify, track and respond to problem properties in a systematic
and fair manner with the added benefit of allowing staff to focus their time and resources
on the worst of the worst.
✓ This concept is similar to the excessive consuxnption of police services formula,
and the matrices that exist for liquor and cigarette licenses, but is much broader in
scope.
✓ A wide array of violations will be included in the mahix including violations of
local code and state statute. They may include, among other things, failure to
maintain the exterior, uncollected trash, and code violations.
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✓ The violations would be reported and recorded in an upgraded Amanda system by
those departments that have oversight or enforcement responsibilities including
Code Enforcement, LIEP, Police, Fire and PED.
✓ The matrix would specify thresholds for the imposirion of penalties, which would
range from wanungs, to fines, to revocation ofbusiness licenses.
�✓ This recommendation will only be effective if changes aze made to the Amanda
' system, the use of the system by city staff is expanded (see below) and the various
departments fully participate in the process.
Lono Telm Goa/
Expand and enhance the Amanda System or develop a better and more friendly computer
system.
✓ The Amanda system is used by several departments to track data related to
specific propetties. Many claim that Amanda is a powerful tool that can be
altered Yo fit various needs, including tracking an array of violarions at problem
properties. Its detractors complain that Amanda is difficult to use (e.g., non-
intuitive and requires excessive training), does not perform the necessary
functions and is not available to enough staff.
✓ If the decision is made to stay with Amanda, access to the program needs to be
expanded. Expansion of access would include paying user fees associated with
Amanda, and providing for the training of staff. The current anangement of
having too few staff with access to Amanda results in poor use of staff time and a
gross underutilization of the system in some deparhnents. It is key that everyone
who should have access, does have access and uses the program properly and
systemarically.
✓ Complaints to the Information and Complaint Office must be entered into the
Amanda system and entered accurately, as must all relevant infoxmation from all
departments.
✓ The Convenience Store Work Grroup was assured that the Amanda system could
be modified in order to track problem property violations more efficiently. In
addition, it is claimed that the Amanda system could be made to incorporate
parameters outlined in the proposed matrix (see above) and flag properties that
meet certain violation thresholds. This would greatly reduce the staff time
required to identify which properties require adverse action.
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03 � �/07
✓ By increasing access by staff to the Amanda system, informarion regarding
licensing, permitting, zoning and complaints could be provided more efficiently to
the Mayor's Office, the City Council and designated personnel in the Police
Department, Fire Prevention, Code Enforcement and PED.
Although PED does not routinely get involved in enforcement issues,
planning staff from PED could provide valuable input, including possible
land use and development options for problem properiy sites. Planning
staff could also act as liaisons to the district councils, keeping them
inforxned and relaying neighborhood concems to the group. In addition to
bringing its expertise to the table, PED may be able to provide resources
from time to time to help address chronic problem properties.
✓ A work group, consisting of staff from every affected department, should be
convened to determine how to modify Amanda in a manner that will make it most
useful to track problem properties.
Short Term Goa/
Request an opinion from the City Attorney's Office clarifying the authority of Fire
Prevention staff to revoke Certificates of Occupancy in cases of nuisance activity.
✓ It has been suggested that C of O revocation requires a less cumbersome process
than taking adverse action on a license. It may not require a waiting period or
hearing and prevents the (business/property) owner from occupying the property
until they meet with enforcement staff and develop plans to resolve issues at the
property.
✓ When the City Attorney's Office makes a determination upon what grounds
Certificates of Occupancy may be revoked, Fire Prevention staff, following the
City Attorney's guidelines, will proceed to revoke Certificates of Occupancy in
order to help address the issue of problem convenience stores and other
properties.
Medium Term Goa/
Through an ordinance, implement a Certificate of Occupancy schedule A, B, C rating.
The schedule would allow well managed and maintained buildings to receive a C of O for
a relatively longer period of time than those which were poorly managed and maintained
(e.g. well managed and maintained buildings could receive a 5 year C of O, lesser
maintained buildings a 3 year C of O, and the worst buildings a 1 year C of O.)
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✓ The majoriry of the problems aze found in a small number of properties. This
proposal encourages compliance and allows inspectors to be more efficient by
focusing their time and efforts on those properties needing intensive enforcement.
One added advantage may be that it will allow inspectors the time needed to
expand to certify one and two family rentals.
✓ Amanda can be used to track these properties and their Certi ficates of Occupancy.
Short Te�m Goa/
Develop rules, either within zoning code or conditions of licensure, requiring business
owners to maintain a certain percentage (e.g. 80%) of unobstructed window space on
their commercial buildings.
✓ The windows of convenience stores, liquor stores and other businesses aze often
covered with signs or otherwise obstructed. Obshvcted views prevent law
enforcement agents and the pubFic from seeiag if illegal, and potentially
dangerous, activity is underway inside the store. Compliance checks for the sale
of cigarettes and beer to minors are also more difficult to conduct with obshucted
views. Furthermore, the excessive use of signs on businesses can have a visually
blighting unpact on a neighborhood.
✓ This proposed regulation would provide for an appeal process, thereby mitigating
potential hardship.
✓ Before implementing this recommendation, it is unportant to consider the
potential deleterious impact such an action would have on businesses (e.g., loss of
advertising revenue) or what possible unintentional impact it might have on a
neighborhood (e.g. exposing children to the goings-on within an adult bookstore).
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