Loading...
99-833Council File # � � - 833 RESOLUTION ',%�A4,fVT PAUL, MINN�SOTA Presented Referred To Green Sheet # L00(o � � Committee Date , '�,,, WI�',REAS, The Saint Paul City Council desires to wark with the community to reduce gun violence in the Ciry of Saint Paul per Resolution # 99-794; and WHEREAS, on Saturday, August 21, 1999 at the Minnesota Weapons Collectar Show at the RiverCentre four people were injured by the dischazge of a handgun; and 5 WHEREAS, it is appazent that adequate protections are not in place to protect citizens at gun shows and the City 6 of Saint Paul has an obligation to protect its citizens; now therefore be it 7 RESOLVED, that the Saint Paul City Council directs that no gun shows may be held on any city owned or financed 8 properry, including any general obligation bond financed projects in the City of Saint Paul. Requested by Deparhnent of: By: �— �'�" �`°-- � Form Approved by City Attorney � Approved by Mayor for Submission to Council B Approved ayor: Date sy � -�--�` t S ! _��___ _�� � �'�.--' Adopted by Council: Date �� j l�Q `� � �J Adoprion Certified by Council Secretary ��_ g3� CITY COCJNCII. Couocilmember Jerry Blakey 6-8610 TOTAL # OF SIGNATURE PAGES GREEN SHEET na��ru�sno. -. ,�„- No �! �.; � � 1 ❑ GIYAtTOYEY ❑ C11YClHIC ❑ HYNWLtFRMC80R ❑ IYMIMLf ❑ w ���� ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� D'uecting that Gmm Shows are not allowed on City owned or financed property in the City of Saint Paul. PLANNING CAMMISSION CIB CAMMIITEE CML SERVICE COMMISSION tms mic pe�sauRm euerNOrketl unaer a ca�tract wrmic depemnema vES NO Vies We ce�soMim ar ecen a cdY anWoYa? YES NO Doestltis yersaNfimi Daaeas a sldll not � bY a�ry cuncvR citY �DbYee7 YES NQ h this pnea�lfmm a �arpefeO �etMOr! YES NO Collector's Show that injured four people. its citizens from physical harm and potential liability. OF TRANSACTION t SOURCE coarmEVaue auoo�o tcucc� oN� _.�f ��I�Ir`_"'_"�`.i�:.'.�-T�3 YES NO a�- . OFFICE OF TH£ CITY ATTORNEY � '� Claytan M. Robinson, Jr, Crty A�torney v� q�� t CITY OF SAlNT PAUL Norm Coleman, .Nayor c;v,r D�vrs,o„ 900 Ciry Half 7� {9est Kellagg B(vd. Sa1n1 Paul, .Llinn2sota �.i107 Te [ephone: 6� I 266-8 %10 F¢cs im i le: 6i I 2985619 September 2, 1999 Mayor Norm Coleman 390 City Hall 1 � West Kellogg Boulevard Saint Paul, Minnesota 55102-1616 Dear Mayor Coleman: You have asked for my comments on the resolution pertaining to gun shows that was passed by the Council at its August 25, 1999, meeting. The resolution directs that city property and city-financed property should not be used for gun shows, The resolution does clearly express the intent and sense of the Council with respect to the issue addressed. Without regard to the merits of this particular resolution, this is a legitimate purpose for Council resolutions under Section 6.033 of the Charter. Having the intent of the Council stated often helps city officials and the public in directing the conduct of future public business. However, the resolution does not have the force and effect of law. That is, it does not bind the administration,,and does not operate to breach existing contracts or obligations that the City might have with xespect to pubtic buildings. As a general rule under the Charter, a resolution cannot (1) prescribe procedures for the performance of administrative acts, and (2) cannot pxomul�ate rules and regulations for the conduct of city government. These actions must be taken by administrative ordinance under Section 6.03.2 of the Charter. Such an ordinance could set procedures and regulations relating to the use and leasing of public and public-financed buildings. Such an ordinance would have to operate prbspectively, and could not lawfully impair existing valid contracts. Whether such an ordinance would be preempted by state law prohibiting local regulation of firearms, Minn. Stat. § 471.633 (1999), or whether municipalities have proprietary rights over their own property and buildings that are not subject to preemption, are issues that are not raised by the resolution, and have not been researched at this time. Sincerely, �. Philip B. yme ���� Deputy ity Attomey cc: Clayton M. Robinson, Jr. City 9ttomey Council File # � � - 833 RESOLUTION ',%�A4,fVT PAUL, MINN�SOTA Presented Referred To Green Sheet # L00(o � � Committee Date , '�,,, WI�',REAS, The Saint Paul City Council desires to wark with the community to reduce gun violence in the Ciry of Saint Paul per Resolution # 99-794; and WHEREAS, on Saturday, August 21, 1999 at the Minnesota Weapons Collectar Show at the RiverCentre four people were injured by the dischazge of a handgun; and 5 WHEREAS, it is appazent that adequate protections are not in place to protect citizens at gun shows and the City 6 of Saint Paul has an obligation to protect its citizens; now therefore be it 7 RESOLVED, that the Saint Paul City Council directs that no gun shows may be held on any city owned or financed 8 properry, including any general obligation bond financed projects in the City of Saint Paul. Requested by Deparhnent of: By: �— �'�" �`°-- � Form Approved by City Attorney � Approved by Mayor for Submission to Council B Approved ayor: Date sy � -�--�` t S ! _��___ _�� � �'�.--' Adopted by Council: Date �� j l�Q `� � �J Adoprion Certified by Council Secretary ��_ g3� CITY COCJNCII. Couocilmember Jerry Blakey 6-8610 TOTAL # OF SIGNATURE PAGES GREEN SHEET na��ru�sno. -. ,�„- No �! �.; � � 1 ❑ GIYAtTOYEY ❑ C11YClHIC ❑ HYNWLtFRMC80R ❑ IYMIMLf ❑ w ���� ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� D'uecting that Gmm Shows are not allowed on City owned or financed property in the City of Saint Paul. PLANNING CAMMISSION CIB CAMMIITEE CML SERVICE COMMISSION tms mic pe�sauRm euerNOrketl unaer a ca�tract wrmic depemnema vES NO Vies We ce�soMim ar ecen a cdY anWoYa? YES NO Doestltis yersaNfimi Daaeas a sldll not � bY a�ry cuncvR citY �DbYee7 YES NQ h this pnea�lfmm a �arpefeO �etMOr! YES NO Collector's Show that injured four people. its citizens from physical harm and potential liability. OF TRANSACTION t SOURCE coarmEVaue auoo�o tcucc� oN� _.�f ��I�Ir`_"'_"�`.i�:.'.�-T�3 YES NO a�- . OFFICE OF TH£ CITY ATTORNEY � '� Claytan M. Robinson, Jr, Crty A�torney v� q�� t CITY OF SAlNT PAUL Norm Coleman, .Nayor c;v,r D�vrs,o„ 900 Ciry Half 7� {9est Kellagg B(vd. Sa1n1 Paul, .Llinn2sota �.i107 Te [ephone: 6� I 266-8 %10 F¢cs im i le: 6i I 2985619 September 2, 1999 Mayor Norm Coleman 390 City Hall 1 � West Kellogg Boulevard Saint Paul, Minnesota 55102-1616 Dear Mayor Coleman: You have asked for my comments on the resolution pertaining to gun shows that was passed by the Council at its August 25, 1999, meeting. The resolution directs that city property and city-financed property should not be used for gun shows, The resolution does clearly express the intent and sense of the Council with respect to the issue addressed. Without regard to the merits of this particular resolution, this is a legitimate purpose for Council resolutions under Section 6.033 of the Charter. Having the intent of the Council stated often helps city officials and the public in directing the conduct of future public business. However, the resolution does not have the force and effect of law. That is, it does not bind the administration,,and does not operate to breach existing contracts or obligations that the City might have with xespect to pubtic buildings. As a general rule under the Charter, a resolution cannot (1) prescribe procedures for the performance of administrative acts, and (2) cannot pxomul�ate rules and regulations for the conduct of city government. These actions must be taken by administrative ordinance under Section 6.03.2 of the Charter. Such an ordinance could set procedures and regulations relating to the use and leasing of public and public-financed buildings. Such an ordinance would have to operate prbspectively, and could not lawfully impair existing valid contracts. Whether such an ordinance would be preempted by state law prohibiting local regulation of firearms, Minn. Stat. § 471.633 (1999), or whether municipalities have proprietary rights over their own property and buildings that are not subject to preemption, are issues that are not raised by the resolution, and have not been researched at this time. Sincerely, �. Philip B. yme ���� Deputy ity Attomey cc: Clayton M. Robinson, Jr. City 9ttomey Council File # � � - 833 RESOLUTION ',%�A4,fVT PAUL, MINN�SOTA Presented Referred To Green Sheet # L00(o � � Committee Date , '�,,, WI�',REAS, The Saint Paul City Council desires to wark with the community to reduce gun violence in the Ciry of Saint Paul per Resolution # 99-794; and WHEREAS, on Saturday, August 21, 1999 at the Minnesota Weapons Collectar Show at the RiverCentre four people were injured by the dischazge of a handgun; and 5 WHEREAS, it is appazent that adequate protections are not in place to protect citizens at gun shows and the City 6 of Saint Paul has an obligation to protect its citizens; now therefore be it 7 RESOLVED, that the Saint Paul City Council directs that no gun shows may be held on any city owned or financed 8 properry, including any general obligation bond financed projects in the City of Saint Paul. Requested by Deparhnent of: By: �— �'�" �`°-- � Form Approved by City Attorney � Approved by Mayor for Submission to Council B Approved ayor: Date sy � -�--�` t S ! _��___ _�� � �'�.--' Adopted by Council: Date �� j l�Q `� � �J Adoprion Certified by Council Secretary ��_ g3� CITY COCJNCII. Couocilmember Jerry Blakey 6-8610 TOTAL # OF SIGNATURE PAGES GREEN SHEET na��ru�sno. -. ,�„- No �! �.; � � 1 ❑ GIYAtTOYEY ❑ C11YClHIC ❑ HYNWLtFRMC80R ❑ IYMIMLf ❑ w ���� ❑ (CLJP ALL LOCATIONS FOR SIGNATUR� D'uecting that Gmm Shows are not allowed on City owned or financed property in the City of Saint Paul. PLANNING CAMMISSION CIB CAMMIITEE CML SERVICE COMMISSION tms mic pe�sauRm euerNOrketl unaer a ca�tract wrmic depemnema vES NO Vies We ce�soMim ar ecen a cdY anWoYa? YES NO Doestltis yersaNfimi Daaeas a sldll not � bY a�ry cuncvR citY �DbYee7 YES NQ h this pnea�lfmm a �arpefeO �etMOr! YES NO Collector's Show that injured four people. its citizens from physical harm and potential liability. OF TRANSACTION t SOURCE coarmEVaue auoo�o tcucc� oN� _.�f ��I�Ir`_"'_"�`.i�:.'.�-T�3 YES NO a�- . OFFICE OF TH£ CITY ATTORNEY � '� Claytan M. Robinson, Jr, Crty A�torney v� q�� t CITY OF SAlNT PAUL Norm Coleman, .Nayor c;v,r D�vrs,o„ 900 Ciry Half 7� {9est Kellagg B(vd. Sa1n1 Paul, .Llinn2sota �.i107 Te [ephone: 6� I 266-8 %10 F¢cs im i le: 6i I 2985619 September 2, 1999 Mayor Norm Coleman 390 City Hall 1 � West Kellogg Boulevard Saint Paul, Minnesota 55102-1616 Dear Mayor Coleman: You have asked for my comments on the resolution pertaining to gun shows that was passed by the Council at its August 25, 1999, meeting. The resolution directs that city property and city-financed property should not be used for gun shows, The resolution does clearly express the intent and sense of the Council with respect to the issue addressed. Without regard to the merits of this particular resolution, this is a legitimate purpose for Council resolutions under Section 6.033 of the Charter. Having the intent of the Council stated often helps city officials and the public in directing the conduct of future public business. However, the resolution does not have the force and effect of law. That is, it does not bind the administration,,and does not operate to breach existing contracts or obligations that the City might have with xespect to pubtic buildings. As a general rule under the Charter, a resolution cannot (1) prescribe procedures for the performance of administrative acts, and (2) cannot pxomul�ate rules and regulations for the conduct of city government. These actions must be taken by administrative ordinance under Section 6.03.2 of the Charter. Such an ordinance could set procedures and regulations relating to the use and leasing of public and public-financed buildings. Such an ordinance would have to operate prbspectively, and could not lawfully impair existing valid contracts. Whether such an ordinance would be preempted by state law prohibiting local regulation of firearms, Minn. Stat. § 471.633 (1999), or whether municipalities have proprietary rights over their own property and buildings that are not subject to preemption, are issues that are not raised by the resolution, and have not been researched at this time. Sincerely, �. Philip B. yme ���� Deputy ity Attomey cc: Clayton M. Robinson, Jr. City 9ttomey