05-22Council File # � �-a'
��n sh�t # 3oa �gZl
RESOLUTION
CITY OF SAINT PAUL, MINNESOT.
Presented By
Referred To
Committee: Date
2 WHEREAS, the recent controversies surrounding an ethanol production plant operated in
3 the City's West 7`'` neighborhood compel the City Council to conclude that there is a need to
4 examine the status of any official controls the City could utilize to regulate the location and
5 operation of ethanol production facilities, as weil as any other production facilities which process
6 or convert raw agricultural products, or use the residue and waste generated from the production
7 or processing of agricultural products, into manufactured products; and
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WHEREAS, the City Council further concludes that an examination of the City's off`icial
controls regarding the regulation of production facilities which process or convert agricultural
products, ir.cluding but not limited to, crops, oil seeds, seeds, forest products, live stock and live
stock products, poultry and poultry products, or the residue and waste generated from the
production or processing of such products, into manufactured products may also require
amendments to the City's comprehensive plans; and
WHEREAS, any new, relocated, reactivated or expanded development within the City
engaged in the production or conversion activities noted herein, undertaken before a study of the
City's official controls and comprehensive plans regulating the said production or conversion
acUvities has been completed and reported to the City Council and has been acted upon and
completed by the City Council, could result in land uses which would not be consistent with the
City's current comprehensive plan or ongoing planning and development goals; and
WIIEREAS, the potential for incompatible or inconsistent development within the City,
arising from new, relocated, reactivated or expanded production or conversion facilities of the
type generally described herein, raises substantial questions relating to the ability of the City's
present official controls to provide compliance not only with the present comprehensive plan but
also with the City's ongoing planning and development goals; and
WHEREAS, in light of the questions surrounding the ability of the City's present official
controls to adequately regulate new, relocated, reactivated ar expanded production ar conversion
facilities of the type described above, the City Council desires, for the purpose of protecring the
general heaith, welfare and safety of the public pending the conclusion and report of a study on
these facilities and for the purpose of preserving the status quo with respect to present land uses
within the City, to immediately prohibit, subject to any exception provided for below, the
development of new, relocated, reactivated or expanded production or conversion fac3lities of the
type generally described above, on any parcel of land or part thereof within the boundaries of the
City, until sixch time as the aforementioned study has been completed, reported and the City
Councii has taken action on any recommendations arising therefrom: NOW, THEREFORE,
� t_f_.s
t�-a�
2 BE TT RESOLVED, that the City shall undertake a study of production facilities which
3 process or convert agricultural products, inciuding but not ]imited to, crops, oil seeds, seeds,
4 forest products, live stock and live stock products, poultry and poulhy products, or the residue
5 and waste generated from the production or processing of such products, into manufactured
6 products: and
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BE TT FURTHER RESOLVED, on any parcel of land or part thereof within the City,
pending the completion of such a study and action by the City Council on the study, the issuance
or approval of zoning permits, site plan and lot split or plat approvais, and building pemuts or
occupancy certificates, until the expiration of twelve months as provided in Minn. Stat. §
462355, Subd. 4 or until such eazlier time as the City Council has taken action on the
recommendations contained in the study, is prohibited; and
BE TT FURTHER RESOLVED, until such time as the said study has been completed and
acted upon by the City Council, City departments receiving written requests for the approvals
noted herein shall accept complete requests and immediately process such requests in accordance
with the provisions of Minn. Stat. § 15.99, Subd. 2 and consistent with the intent expressed in
this resolution and the accompanying interim ordinance; and
BE IT FURTHER RESOLVED, that the moratorium provided for herein, shall be enacted
as an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 under a separate ordinance
adopted in conformance with City Charter Chap. 6, but for the computation of the duration of the
interim ordinance, the effective date of the interim ordinance is the same as,the ef£ective date of
this resolution; and
BE IT k'i.JRTHER RESOLVED, that the moratorium initiated under this resolution sha13
not affect any research studies or educational activities of the University of Minnesota or other
production facilities within the City which presently operates to process or convert agricultural
products, including but not limited to, crops, oil seeds, seeds, forest products, live stock and live
stock products, poultry and poultry products, or the residue and waste generated from the
production or processing of such products,into manufactured products,provided thatthe facility
is operated in compliance with any pernuts or licenses granted by the City or any state or federal
�!(-I-eI
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agency or department having regulatory oversight over the facility's operations, and provided
further that any reactivated production facility must operate in compliance with any legal
agreements unique to that facility and only after having passed any reinspection by any
govemmental unit necessary to insure that the facility's operations comply with applicable
building or fire codes as well as any other applicabie requirements intended to protect public
health, welfare and safety; and
BE TT FTNAId,Y RESOLVED, that the restrictions contained in this resolution and in the
accompanying interim ordinance may be extended by action of the City Council for an additional
time period as provided in Minn. Stat. § 462355, Subd. 4 in the event the study, its
recommendations and the deliberarions of the Council require an extension of time.
Requested by Department of:
Adoption Certi,Cµed by Council
BY= _1
BY:
Form Appr by City Attorney
$ (/.riu� L✓��✓vr"`� /— S� o S
Approved by Mayor for Submission to Council
Bl' �
Approved
By: _—)
Adopted by Council : Date //A/l/i//// ��, �7/105
�- �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
Department/office%ouncii:
CA �i$' AGOmey
Contad Person 8 Phone:
Pefer Wamer
on Council Agenda by (Date):
OSJAN-05
�
Assign
Number
For
Routing
Order
Total # of Signa Pages _(Clip All Locations for Signature)
Action Requested:
Resolution iniriating a moratorium on agicultural commodity processing plants.
Recommendations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Cammission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Green Sheet NO: 3024821
DeoartmeM Sent To Petson
0 iN Attoroev � �
1 i Attorne � De a entDirector
2 C_onocil Ciri Couocil
3 i Clerk Cti Clerk
4
5
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantapes If Approved:
DisadvantaqeslfApproved:
Disadvantages If Not Approved:
ToWI Amount of
Transaction:
Fundinq Source:
Cost/Revenue Budgeted:
Activity Number:
Financial Information:
(Explain)
Council File # � �-a'
��n sh�t # 3oa �gZl
RESOLUTION
CITY OF SAINT PAUL, MINNESOT.
Presented By
Referred To
Committee: Date
2 WHEREAS, the recent controversies surrounding an ethanol production plant operated in
3 the City's West 7`'` neighborhood compel the City Council to conclude that there is a need to
4 examine the status of any official controls the City could utilize to regulate the location and
5 operation of ethanol production facilities, as weil as any other production facilities which process
6 or convert raw agricultural products, or use the residue and waste generated from the production
7 or processing of agricultural products, into manufactured products; and
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
WHEREAS, the City Council further concludes that an examination of the City's off`icial
controls regarding the regulation of production facilities which process or convert agricultural
products, ir.cluding but not limited to, crops, oil seeds, seeds, forest products, live stock and live
stock products, poultry and poultry products, or the residue and waste generated from the
production or processing of such products, into manufactured products may also require
amendments to the City's comprehensive plans; and
WHEREAS, any new, relocated, reactivated or expanded development within the City
engaged in the production or conversion activities noted herein, undertaken before a study of the
City's official controls and comprehensive plans regulating the said production or conversion
acUvities has been completed and reported to the City Council and has been acted upon and
completed by the City Council, could result in land uses which would not be consistent with the
City's current comprehensive plan or ongoing planning and development goals; and
WIIEREAS, the potential for incompatible or inconsistent development within the City,
arising from new, relocated, reactivated or expanded production or conversion facilities of the
type generally described herein, raises substantial questions relating to the ability of the City's
present official controls to provide compliance not only with the present comprehensive plan but
also with the City's ongoing planning and development goals; and
WHEREAS, in light of the questions surrounding the ability of the City's present official
controls to adequately regulate new, relocated, reactivated ar expanded production ar conversion
facilities of the type described above, the City Council desires, for the purpose of protecring the
general heaith, welfare and safety of the public pending the conclusion and report of a study on
these facilities and for the purpose of preserving the status quo with respect to present land uses
within the City, to immediately prohibit, subject to any exception provided for below, the
development of new, relocated, reactivated or expanded production or conversion fac3lities of the
type generally described above, on any parcel of land or part thereof within the boundaries of the
City, until sixch time as the aforementioned study has been completed, reported and the City
Councii has taken action on any recommendations arising therefrom: NOW, THEREFORE,
� t_f_.s
t�-a�
2 BE TT RESOLVED, that the City shall undertake a study of production facilities which
3 process or convert agricultural products, inciuding but not ]imited to, crops, oil seeds, seeds,
4 forest products, live stock and live stock products, poultry and poulhy products, or the residue
5 and waste generated from the production or processing of such products, into manufactured
6 products: and
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
BE TT FURTHER RESOLVED, on any parcel of land or part thereof within the City,
pending the completion of such a study and action by the City Council on the study, the issuance
or approval of zoning permits, site plan and lot split or plat approvais, and building pemuts or
occupancy certificates, until the expiration of twelve months as provided in Minn. Stat. §
462355, Subd. 4 or until such eazlier time as the City Council has taken action on the
recommendations contained in the study, is prohibited; and
BE TT FURTHER RESOLVED, until such time as the said study has been completed and
acted upon by the City Council, City departments receiving written requests for the approvals
noted herein shall accept complete requests and immediately process such requests in accordance
with the provisions of Minn. Stat. § 15.99, Subd. 2 and consistent with the intent expressed in
this resolution and the accompanying interim ordinance; and
BE IT FURTHER RESOLVED, that the moratorium provided for herein, shall be enacted
as an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 under a separate ordinance
adopted in conformance with City Charter Chap. 6, but for the computation of the duration of the
interim ordinance, the effective date of the interim ordinance is the same as,the ef£ective date of
this resolution; and
BE IT k'i.JRTHER RESOLVED, that the moratorium initiated under this resolution sha13
not affect any research studies or educational activities of the University of Minnesota or other
production facilities within the City which presently operates to process or convert agricultural
products, including but not limited to, crops, oil seeds, seeds, forest products, live stock and live
stock products, poultry and poultry products, or the residue and waste generated from the
production or processing of such products,into manufactured products,provided thatthe facility
is operated in compliance with any pernuts or licenses granted by the City or any state or federal
�!(-I-eI
�
2
3
4
5
6
7
8
9
10
11
12
�-aa
agency or department having regulatory oversight over the facility's operations, and provided
further that any reactivated production facility must operate in compliance with any legal
agreements unique to that facility and only after having passed any reinspection by any
govemmental unit necessary to insure that the facility's operations comply with applicable
building or fire codes as well as any other applicabie requirements intended to protect public
health, welfare and safety; and
BE TT FTNAId,Y RESOLVED, that the restrictions contained in this resolution and in the
accompanying interim ordinance may be extended by action of the City Council for an additional
time period as provided in Minn. Stat. § 462355, Subd. 4 in the event the study, its
recommendations and the deliberarions of the Council require an extension of time.
Requested by Department of:
Adoption Certi,Cµed by Council
BY= _1
BY:
Form Appr by City Attorney
$ (/.riu� L✓��✓vr"`� /— S� o S
Approved by Mayor for Submission to Council
Bl' �
Approved
By: _—)
Adopted by Council : Date //A/l/i//// ��, �7/105
�- �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
Department/office%ouncii:
CA �i$' AGOmey
Contad Person 8 Phone:
Pefer Wamer
on Council Agenda by (Date):
OSJAN-05
�
Assign
Number
For
Routing
Order
Total # of Signa Pages _(Clip All Locations for Signature)
Action Requested:
Resolution iniriating a moratorium on agicultural commodity processing plants.
Recommendations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Cammission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Green Sheet NO: 3024821
DeoartmeM Sent To Petson
0 iN Attoroev � �
1 i Attorne � De a entDirector
2 C_onocil Ciri Couocil
3 i Clerk Cti Clerk
4
5
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantapes If Approved:
DisadvantaqeslfApproved:
Disadvantages If Not Approved:
ToWI Amount of
Transaction:
Fundinq Source:
Cost/Revenue Budgeted:
Activity Number:
Financial Information:
(Explain)