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266471 WH17E - CITV CLERK ^�^�W� PINK - FINANCE COI1nC11 �o � ` �� CANARV - DEPARTMENT G TY F SAINT PAIIL File NO. , � I�' BLUE - MAYOR � � . � o cil esolution Presented By . . • Referred m Date Out of Committee By Date WHEREAS, Section 64.210 of the Saint Paul Legislative Code was approved in its third reading as a proposed ordinance by the City Council in the following form: 64.210 CHANGES AND AMENDlMENTS: The Council may, from time to time, amend, supplemez�t, or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes 462.357 and amendments thereto as may be made from time to time. The City Council shall provide for an adequate review and re-evaluation of this Ordinance at least every five (5) years from the time of adoption of this Ordinance. The Planning Commission shall annually review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. Except as provided f�r in Section 60.582, an amendment to the Zoning Ordinance may be initiated by the Council, the Planning Commission or by petition of the owners of 6?96 of the area of the property to be rezoned. Said petition for rezoning shall be filed with the City Clerk together with a fee to be established by the Council by resolution. Said petition shall be on a form established by the Planning Department of the City of St. Paul; and WHEREAS, Section 64.210 was adopted in final form with an alter- ation not authorized by the City (�uncil, contrary to the prior COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza ' In Favor Levine Roedler Against BY Sylvester Tedesco President Hunt Adopted by Council: Date Form Approved by City Atto Certified Passed by Council Secretary BY BY Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHITE - CITV CLERK �� i�� CANARV - C�AR MENT COUIICIl �p ~�� BLUE - MAYOR CITY OF SAINT PAUL File NO. �� :� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. action and intent of the Council; and WHEREAS, Said alteration was never brought to the attention of the City Council; and WHEREAS, It was never the intention of the Council to pass Section 64.210 in the form it was passed; and WHEREAS, The correction of such an unauthorized alteration is not an amenclment, but simply a restoration of the record to its original and legitimate form and condition; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul hereby authorizes the deietion of Section 64.210 of the Saint Paul Legisla- tive Code in its entirety and also authorizes the substitution in lieu thereof the following language: 64.210 CHANGES AND AMENDMENTS: The Council may, from time to time, amend, supplement, or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes 462.357 and amendments thereto as may be made from time to time. The City Council shall provide for an adequate review and re-evaluation of this Ordinance at least every five (5) years from the time of adoption of this Ordinance. The Planning Commission shall annually re- view district boundar lines to determine if ursuant to COUIVCILMEN Requested by Department of: Yeas Nays � Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WH17E - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council r CANARV - D'EPARTMENT File NO. �I�� BLUE -MAYOR `� � .` Council Resolution Presented By ' Referred To Committee: Date Out of Committee By Date 3 . state laws, such district boundary lines should be changed. Except as provided for in Section 60.582, an amendment to the Zoning Ordinance may be initiated by the Council, the Planning Commission or by petition of the owners of 67� of the area of the property to be rezoned. Said petition for rezoning shall be filed with the City Clerk together with a fee to be established by the Council by resolution. Said petition shall be on a form established by the Planning Department of the City of St. Paul. COUNCILMEN Requested by Department of: Yeas Nays Christensen � Hunt In Favor Levine J Roedler A gai ns t BY Sylvester Tedesco President� Hozza �(�, 8 � Form Approved by City Attorney Adopted by Cou . Date Certifi ass ouncil Secretary BY . Approved by Ma Date , Approved by Mayor for Submission to Council By Pt1BL►SHED E C 1 3 197�5 WNITE - GTY CLERi( /��(j�� PINK � - FIPJANC;' � � COUIICII ��vv j CANARY�- DEPARTMENT G�TY OF S�IIVYT, .I,a�.UL File NO. ,�_,,,, Bl_UE - MAVOR • �3''�i��f,� Ordinance N 0. Presented By � --- Referred To _ Comrnittee: Date Out of Committee By _ Date — -- An Ordinance Amending Ordiiiance No. 15881 Entitled "An o-rdinance adopting a new zoning ordinance i'or the City of Saint Paul, repealing Chapters 60, 61, 62, 63 and 64 of the Saint Paul Legislative Code and the zoni�zg ma.p of the City of Saint Paul," approved Au�ust 29, 1975. THE COUNCTL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Ordinance No. 15881, approved August 29, 1975, be and the same is amencied by deleting thErefrom Section u4.210 in its ent:irety and by substituting in lieu thereof the follow_ing: 64.210 CHAt`IGES AIV"D ANIENDMENTS : Tne Cour.cil may, from time to time, .amend, supplem:nt, or change� the district Uounda.r.ies or the r_egulations herein, or_ subsec�uer.tly est«blished herein Pursuart to the PT.'OV1.° sions os Ni:innesota Statutcs 462 .357 and amendments thereto as may be n�a.de from time to time. The City Cot.tncil. sha11 provide for an adequate review and rt-eual�iat�_otl of this O.rdinance at least every five (5) years irom the time of adoption of this Ordix?ance , Th.e Planning Commission shall annually r.eview district bounclary lines to determi.ne if, pursuant to stat.e laws, such district boundary lines should � be cha.nged. Except as provided for in Section 60.582, an amendment to the Zoning Ordinance may be initiated by the Council_, the Planzzing Comrilission or by petition of the o��rners of 67% of the area of the property to be rezoned. Said petition for COU;VCIL�tEN Yeas �ia}�s Requested by Department of: Christensen Hozza In Favor Levine Roedler Against BY -- - Sylvester — Tedesco President Fiunt ' Adopted by Cuuncil: Date ____ ` Form Ap�ved by City Attorne Certified Pas>ed by Council Secretary BY�,�;�/�_�- --- --- BY — -- ---- Approved by ,ltayur. Date _ ____ Approved by Mayor for Submission to Council �v --------------_-__----- _ .______ _._--- 1i �Y- _ __--- '/�MI7E - CiTV�:.LERK PINK - FI`<I:NCE G I TY OF S�I N�' �,� t} L �OUIICll GANARY - DEPAR7MENT BLUE �. MAVOR , File NO. ` ��n�,� Ordinance N�. �� Presented By —� Referred To Committee: Date - Out of Committee By Date 2 . rezoning shall be filed with the City Clerk together r,vith a fee to be established by the Council by resolution, Said petition shall Ue on a form established by the Planning Department of the City of St. Paul. Section 2 . This ordinance sha.11_ take force and effect in thirty (30) da�Ts from and a£ter its passage, approval and publication. COUNCILI�EN Yeas Nays Requested by Department of: Christensen Hozza In Favor – Levine Roedler Against BY ----- Sylvester • T'edesco President Hunt � Form Approc•ed by City Attorney Adopted by Council: • Date �_�r Certified Passed by Council Secretary By— '�� '�"�CLh' " "� • '`�''y�''d' — BY -- Approved by Mayor: Date Approved by Mayor for Submission to Council By _ � —_ BY WNI7E — Ci7Y CLEHK COU[1C11 ��/j�� P�N� _ F��<`�E GITY O�' �AINT I��LTL x CANARY — CEPART!dENT ' File NO. OIUE — AIAYOR � C'��il �Zes��tion Presented F3y ' —_ ---- - Refc�rred To _—_ Committee: Date --- Out of Commit,ee By___ Date —_- - ��7'riEREAS, Section 64. 210 of the Saint Paul Legislative Code was approved in its third reading as a proposed o_rdinance by the City Council in the fol�.owing form: 64. 210 GHAiVGES AND '�dI�NDNi.��NTS: The Council may, from tim� to time, amend, supplement, or change the distra.ct boundara.es or trie regulations nerein, o� subsequentl.y estab:�ished herein pursuant to the provisions of Mint�esota 5tatutes 4G2.357 and amten�3ments thexeto as may be ma�le from time to tirne. The City Council shal.l provide for an adequat� review and r�-evaluati.on of this Grdinanr_e at least every five (5) years fr_om the tiine of aco;�otion o� this Ordinance, The P1Gn�iing Commission sha11 annually review district b�undary Iines to determine if, pur�uarit to stat� laws, such clistri.ct boundary lines snould b° changed. Lxcep� as provided ior in Section 60 . 582, an ar�endment to L'ne Lnniizcr Ordinaric�: may be initiacea i�y the Counc:il., �hA Planning Coi-�mis�ion or by peti.tion of the oti�r,ers of 67;0 of the area of the pra�irty t,o be rezoned. Said pr��i�.i_cn �o.r rezoning shall be filed with the Cii�y Clexk �.ogether with a fee to be establ.ished by �he �'ouncil by ?�esolu�i.on. 5aid petition shall ne on a fonli established by the Pl�:nning Department �i tl�e City oi St. P�ul; and WEiER�:AS, Section 64. 2Z0 was aclopted in final form with an al�er- ation r.ot authorized by the City Cout�cil, contrary to the prior COUNCIL1tEN Yeas Nays Requested by Department of: Christensen Hozza In F avor Levine Roedler Against BY -- Sylvester Tedesco President Hunt I�orm Approved by City Atto� Adopted by Council: Date _ Certified Passed by Council Secretary BY -- — gy, Approved by Mayor: Date Approved by Mayor for Submission to Council By BY — — -- 1MFiITE - CITV GLERK t PINK - FiNANCE G I TY O F SA I NT I,L� V L ��UIICIl CANARV - DE,PAFiTMENT File NO. BLUE - MAVQR � � C�uncil �Zesolut�on ��'� Presented By Referred To Committee: Date Out of Committee By_ Date 2. ac�ion and intent of the Council; and WHERF.I�S, Sai�d alteration was never brought to the attention of the City Council; and �JHEREAS, It was never the intention of the Council to pass Section 64. 210 in the fox7n it was passed; and WHEREAS, The correction of such an v.nautnorized alteration is not an amendntc�nt, b�zt sitnnly a restoratioti ot the record to iics oric�inal and legitirnate form and c�ndition; now, ther�fore, be it .RES�LVED, `�ha� the Council of �he City of Saint Paul hereby autl�.orizes the deletion o£ Section 64. 210 of_ the Saint Paul Legisla- tive Cod.e in its . entirety and also authori_zes the substitution in 1i�u thereo� the foTl.owing language: 64. 210 CH�iG�=;S AZ�ll Ai�iEl�dDi�I.�i�,TS: The Council may, from time to time, amenci, �u�plement, or change the d�stric� boundarie�� or the regulations her�in, or si�bsequenf:Iy establi:�hed herein pu-rsuat�t to the provisa_ons of I�linr�esota S�a�utes 462.35? and a:nendments thereto as may b� nlade troin time to �ime. Tize City Council shall provide for an ac�equa�e review and re-evalua�.ion of this Ordinatice at least every five (5) years from the time o� adoption of this Ordinance. The P].anning Commission shall a.nnually re- view district bou��dary .lines to detezznine if, pu:csuant to COUNCIL;1tEN Yeas Nays ' Requested by Departrnent of: Christensen Hozza In Favor Levine Roedler Against BY — - Sylvester Tedesco President Hunt Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY - By Approved by Alayor: Date Approved by Mayor for Submission to Council By —..__ BY WMI7E - �I.TV CLEFiK PINK - F:yANCE GITY OF SAINT YAUL Councit CANARV - DEPART.ENT File NO• � . OLUE - MAY6R � ' Cou�acil Resolution Presented By � __ Referred To Committee: Date Out of Committee By Date 3 . state laws, such district boundary Iines should be changed. Except as provided for in Section 60 .582, an amendment to the Zoning OrdinancE may be initiated by the Council, the Planning Commission or by pe�itiori of the owners of 67/ of the area of the property to be rezoned. Said petition for rezoning siiall be filed with the C.ity C1erk tog�tner with a fee to be established by �he Council by resolution. Said petition shall be on a �orm est��lished by the Planning llepartment of the Ci'cy o�' St. P�cul. COU�1CILh1EN Requested by Department of: Yeas Nays Christensen �--7 .i�e�aa— }{�,�}�- r [n Favor Levine n) Roedler �� Sylvester Againsk BY - Tedesco Presidenk.Eiu�t �.,p�, Adopted by Council: Date �C 9 �� Form Approved by City Attorney CeRified Passed by Council Secretary BY By _ Approved by hlayor: Date _ _� Approved by 64ayor for Submission to Council By By _r �G[�� i� w C1TY �� s� �� w -' � '2. � tea aaiieoasai � 6 °�a=`°�� ab �fQY 2 5 �975 C I T Y O F S A I N T P A U L �� ho �°•• t:�urt;� P�ew�:�-. �G,�.4 }. ��V`7�FFICE OF THE CITY ATTORNEY November 24, 1975 PIERRE N. REGNIER David Hozza, President Saint Paul City Council 71g City Hall Saint Paul , Minnesota Re : Correction (Amendment ) of Duly Adopted Zoning Ordinance Dear Sir: Section 64.210 of the Zoning Code pertains to the methods by which the Zoning Code can be amended. Based upon this ordinance and in compliance with Minnesota Statutes , Sec. 462. 357, there are two basic steps or procedures which must be followed in amending the zoning ordinance . First, the amendi ment to the ordinance must be initiated, and seeond, a petition must be presented evidencing the consent of two-thirds of the owners of the several descriptions of property located within 100 feet of the affected property. The zoning ordinance amendment can be initiated by three methods : (1) City Council initia- tion, (2) Planning Commission initiation, and (3) private property owner initiation as provided for in ordinance . At the third reading of the zoning ordinance , the City Council amended Sec. 64.210 in the second para- graph so as to reflect the City Council ' s intention of the method of initiating an amendment to the zoning ordinance . The amendment at the time of the third reading provided that an amendment to the zon- ing ordinance may be initiated by the Council, the Planning Commission, or by petition of the owners of 67�0 of the area of the property to be rezoned. After the proposed zoning ordinance received its final amendments at the third reading, the �lanning Department staff was instructed to have the entire ordinance placed in final approval form so as to reflect all of the amendments made at the time of the third reading. The ordinance was typed by the staff and fourth reading was held. There were no City Hall, Saint Paul, Minnesota 55102 612 298-5121 � �ss4�� President Hozza Page Two November 24, 1975 amendments made by the City Council to Section 64.210 at the fourth and final reading and time of adoption of the city ordinance. For some unknown reason, the staff, without the approval of the City Council , in typing the zoning ordinance into its final form between the third reading and the fourth reading, changed the language of the second paragraph of Section 64.210 pertaining to the method by which amen.dments to the zoning ordinance may be initiated. In so doing, the ordinance now provides that an amend- ment may only be initiated by a private owner if a peti- tion is filed evidencing the consent of 66-2�3�fo of the owners of the several descriptions of property located within 100 feet of the area to be rezoned. This , in effeet, means that the petition for initiation must contain the same number of consents as provided for by the consent requirements of Section 462. 357. While this error does not pose a problem . for those re- zonings which would require such a petition anyhow, this error does eliminate the effect of the special law passed by the legislature authorizing the City of Saint Paul to rezone under certain circumstan.ces with- out the necessity of obtaining the consents of the owners of property within 100 feet of the property. Our legal research in attempting to find a way to solve this problem without the necessity for an ordinan.ce has led us to conclude that courts throughout the country have taken different approaches toward treating such a problem. There is some authority which holds that a clerical error in the drafting of an ordinance between the time of the Yinal hearing and the adoption of the zoning ordinance may be corrected by means other than another ordinance. On the other hand, there are some courts which take the position that the erroneous ordi- nance was passed, and is presently what the law deems to be an existing ordinance, and therefore can only be amended by another ordinance. We are without any clear cut authority from the Supreme Court of the State of Minnesota; therefore, we are suggesting that the follow- ing procedure be followed so as to handle the immediate rezonings which may be pending, while at the same time correcting the ordinance for future rezonings : �'6'�r�� President Hozza Page Three November 24, 1975 1. Enclosed is a Council resolution which authorizes the substitution of the proper language of 64.210 as the Council had previously approved at the third reading and had not approved for change by the staff. We are suggesting that you sign this resolution and forward it to the City Clerk for placement on the agenda as soon as possible . 2. By this letter, I am forwarding to the Planning Director an ordinance making the same amendment, and suggesting that the zoning staff of the Planning Department take appropriate action to commence the necessary steps to have this ordin- ance initiated and heard by the Planning Commission for its recommendation to the City Council . If you have any questions with regard to this matter, I will be free to discuss this with the entire City Council and any other persons at any time. Yours truly, �C��/�+t-� PIERRE N. REGNIE City Attorney PNR:bl ec : Members of the City Council Mayor Cohen - City Administrator � . Donald Spaid (enc. original ordinanee ) Enc. (original resolution)