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03-1107Council File # �3 " /��� Green Sheet # 3 S j RESOLUTION � _�ITY OF �LESCII2CC� � ` �. �� d �. .�_ , t PA�1L, MINNESOTA �, �, < � 3► / 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 � 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: � Form Approved by CiTy Attorney � Adoption Certified by Council Secretary � Appro � Approved by Mayor for Submission to Council Adopted by Council: Date ��i_✓, /7 �/Jp.3 b3 - //07 DEPARTMEMlOFFICHCOUNCIL DATE WRwiED ������B�r ivioizoo GREEN SHEET No 63�41 �T1�B�&8�857a wawm�. mn�ae mne�ru'a�ae arv�ou�w. MUST BE ON CWNCItAG@IDA BY (DA� d�J17l2003: Discoysion �N wuMBERwrt ❑anwnawEV ❑rnrctFn¢ RWID/G �� ' nwcuuamur.FSOUt wuw�w.amviaeere ❑w1WR1aRA881slAM) ❑ 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: !� > 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 ;. Stacey Millett Public Representative _ �:l�t"�?��@,{]�'�C� Sheri Pemberton-Hoiby PED U ����;� ��..��. Kristina Schweinler LIEP Fire Deparhnent ' "( �d' "° T Marcia Moermond City Council Reseazch � Ctiristine Rozek �� LIEP Jun Zdon PED (Rerired) LIEP �� Ginger Palmer ��� 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. Page 2 of 8 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. Page 4 of 8 03 - 1107 ✓ 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. Page 5 of 8 6 3 - l/v7 ✓ 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. Page 6 of 8 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.) Page 7 of 8 63 -!l07 ✓ 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). I'._- : � :