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
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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
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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:
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