04-798Council File # 0 7'� � / o
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
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Referred To
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Committee: Date
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WHEREAS, the Minnesota Legislature amended Minn. Stat. § 462357, subd. 1 e, pertaining to
nonconformities providing in part that "[a]ny nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an additional control under
this chapter, may be continued, inctuding through repair ar r�tacement, restoration,
maintenance, bttE or improvement, but not includin� ansion. ....", effective August 1,
2004; and
8 WHEREAS, the City Attorney's Office has advised that Minn. Stat. § 462.357, subd. le,
9 preempts the moratorium contained in Council File Number 03-963 and places the City staff at
10 odds with the dictates of state law versus the dictates of the moratorium as contained in
11 resolution, Council File Number 03-963, Section 2; and
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13 The Council having fully considered the same;
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15 BE TT RESOLVED, that resolution, Council File Number 03-963, Section 2, is hereby revoked,
16 the rest of the resolution remains in effect.
Requested by Department of:
City Attorney's Office
By:
Appx
By:
By: Eri� D. LarSon
Assistant City Attorney
Form A ved by City Attorney
B y C _ !- -
by ayor for Submission
to
Adopted by Council: Date �i7L�����_/.d.�LO.���}
Adoption Certified by Counci ecretary
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUoffice/council: Date Initiated:
cA -�;TyAttm„eY ,2-A��� Green Sheet NO: 3021749
Contact Person 8 Phone- Deoariment Sent To Person InitiaVDate
Eric Larson , � 0 i Attorne
266"$�2$ Assign 1 ' Attorne De artmentDireMOr
Must Be on Council Agenda by (Date): Number Z uncil Ci Couocil
18-AUG-04 For
Routing 3 or'sOffice Ma odASSistant
Order 4 Clerk Ci Clerk
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ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Revoke Council Resolurion # 03-9f'�}
RecommendaGOns: Approve (A) or Reject (R): Personal Service Contrects Musf Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this depar4nent?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever aeen a city employee?
Yes No
3. Does this persoNfirm passess a skill not normally possessed by any
curtent city employee?
Yes No
� Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): -
Minn.Stat.Sec. 462357, subd. le, preempts Resolurion # 03-963.
AdvantageslfApproved:
Eliminates conflicf between State law and City resolution.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
D'uect conflict between State law and Council resolution remains in effect.
Total Amount of CosURevenue Budgeted:
Transaction:
Funding Source: Activity Number:
Fi nancial Information:
(Explain)