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07-427Suspension - 5/09/07 RESOLUTION SAINT PAUL, NIINNESOTA Presented By Council File # 07-427 Green Sheet # 3039524 WHEREAS, the Council of the City of Saint Paul, in Council File No. 06-910, as adopted and approved on December 9, 2006, requested the City's planning commission to initiate a zoning study to recommend zoning regulations for the outdoor sale of pemutted fireworks; and WHEREAS, the pianning commission has completed its study and presenfly intends to recommend an amendment to the City's legislative code which will create a new section specifically regulating the outdoor sales of permitted fireworks; 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 35 36 37 38 39 40 41 42 43 44 WFIEREAS, the planning commission's zoning committee has noticed a public hearing on the proposed amendment to take place on May 10, 2007 and, barring continuances, the proposed amendment will be taken up by the planning commission on May, 19, 2007; and WHEREAS, the statutory requirements of Minn. Stat. § 462.357 and the provisions of City Charter Chap. 6 make it likely that the effective date of any new zoning ordinance enacted by the City to regulate the outdoor sale of pernutted fireworks will not coincide with the period of time when outdoor sales of permitted fireworks have taken place in the City; and WHEREAS, the City Council finds that the present regulatory zoning scheme for outdoor sales, which has been utilized to regulate the outdoor sale of pernutted fireworks, has not adequately considered the City's diversified mix of land use and the proximity of these diversified uses to one another and that the fireworks ordinance proposed by the planning commission is intended to address these issues far the purpose of protecUng public health, welfare and safety, and WHEREAS, in order to protect the land use stat�;'quo pending the adoption of a new zoning ordinance regulating the outdoor sale of permitted fireworks, the Council desires to impose an interim ordinance pursuanY to Minn. Stat. § 462355, Subd. 4, Yo prohibit the issuance of any zoning or building approvals that would permit the outdoor sale of pernutted fireworks until such time as the planning commission's recommendation for fireworks ordinance has been considered by the Council and any amendment to the zoning code, as a result of such recommendation, has taken effect; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, pursuant to Minn. Stat. § 462.355, Subd. 4, hereby initiates an interim ordinance which shall prohibit the outdoor sale of pernutted fireworks until such time as a new ordinance regulating the same has become effective under the procedures of the City Charter; AND, BE IT FURTHER RESOLVED, that the effective date of the interim ordinance shall be as of the adoption and approval of this resolution, that the duration of the interim ordinance shall commence with the effective date of this resolution and that this resolution shall be automatically rescinded upon the effective date of that separate interim ordinance regulating the outdoor sale of pernutted fireworks duly enacted in compliance with the City Charter, AND 07-427 45 46 BE TT FINAL,LY RESOLVF,D, that City departments receiving written applications for the 47 outdoor sale of pernutted fireworks shall accept the applications and immediately process them 48 in accordance with the provisions of Minn. Stat. § 15.99, Subd. 2 and consistent with the intent 49 of this resolution and the interim ordinance. Reqoested by Departrnenrof B Form Approv by City A[[omey By: ����� S 7'� � 7 Form Approved by Mayor for Submission to Council By: 07-427 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE — Ptanning & Economic Development Contact Person & Phone: Patriaa James 266$700 Must Be on Council Agenda by (Date): 0&MAY-07 Doc.Type: RESOLUTION E-Document Required: Y Document Contact: ConWct Phone: Date Initiat 09-MAY-07 y Assign Number For Routing Order Green Sheet NO: 3039524 0 lantin & Economic Develo m 1 �Planning & Economic llev¢IODme1 Leparlment Luec[or � 2 i Attorue � r 7• 3 a or's 0f5ce Ma or/Assisfant 4 ouncil 5 i Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Initiate interim ordinance banning outdoor sales of pemutted fireworks pending adoption of new regulations permitting sale of fireworks. daGons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission t. Has lhis personffirm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does [his person/firm possess a skilt not normalty 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): This is a"bridge" resolution necessary to obtain the protection of an interim ordinance provided by law. Advantages If Approved: Commences interim ordinance procedures. Disadvantages If Approved: None. Disadvantages If Not Approved: City must rely on charter process to enact ordinance. Total Amount of Transaction: Funding Source: Financial InformaSion: (Explain) Activity Number: May 9, 2007 1:06 PM CosURevenue Budgeted: Page 1