05-37�} M�N b�b - a/a/ s
ORDINANCE
CITY OF SAINT PAUL,
Presented By
Refened To
0
2 An interim ordinance pursuant to Minn. Stat. § 462355,
3 Subd. 4, preserving the status quo regarding the operation
4 of production facilities which process or convert raw ot
5 processed agricultural products, or the residue and waste
6 generated from such processing, into manufactured
7 products, pending the completion and report of a study and
S possible action on that study by the City Council, including
9 amending the City's comprehensive plans and zoning
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Council File # D S 3 7
oraiaaz,�e #
Green Sheet # ' J� g�
35
Date :
ordinances.
TAE COUNCIL OF THE CITY OF SAINT PAULDOES ORDAIN:
Section 1
Statement of Legislative Intent: The Council of the City of Saint Paul, in Council File No. 05-
22, adopted a resolution on January 5, 2005, which concluded that the recent controversies
sunounding the operation of an ethanol production plant in a City neighborhood demonstrated a
need for the City to examine the status of its official controls regulating the location and
operation of ethanoi production facilities and other production facilities which process or convert
raw agricultural products, or use the residue and waste generated from the production or
processing of aa icultural products,into manufactured products.
The Councii furtlier concluded that such a study was necessary to detemune whether the City's
present offlcial controls and plans which regulated these facllities required amendxnent in order
to eliminate the potential for incompatible or inconsistent development caused by any new,
relocated, reactivated or expanded production or processing facility especially where the
development was undertaken before a study of the City's official controls and comprehensive
plans regulating the said production or conversion activities had been completed, reported, and
acted upon by the Council. The Council concluded that such a development could resuit in a land
use which would not be consistent with either the City's current comprehensive plan or ongoing
planning and development goals.
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Accordingly, Council File No. OS-22, regarding the facilities generally described therein,
expresses the CounciPs desire to immediately establish a moratorium protecting the general
health, welfare and safety of the public and preserving the status quo with respect to present land
uses within the City, pending the conclusion and report of a study on the facilities generally
described therein, by immediately profiibiting, subject to provided exceptions, the development
of new, relocated, reactivated or expanded, production or conversion facilities, on any pazcel of
land or part thereof within the boundaries of the City, until such tune as the aforementioned study
has been completed and reported and the City Council has taken action on any recommendations
arising there from.
Section 2
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104oratorium Imposed: The issuance or approval of zonine permits, site plans, lot splits, plats•
buildine permits, or occupancy certificates, is nrohibited for anxparcel of land or part thereof
within the Citv for an facilitv or part thereof with a"�eneral industrial" use, as term is definec'+
under Le�. Code § 65.811, and which nrocesses ar converts raw a,gricultural ar forest products,
or the residue and waste from such�roducts, into manufactured roroducts, includine methanol.
biodiesel, hydroeen or methane eases, and ethanol, as these terxns are defined in Minn. Stat. &
41A.09 Subd.2(�, roendina a zonina study ofthese land uses.
Section 3
Moratorium, Written Requests for Zoning Approvais, Compliance with Minn. Stat S
15_99: Until such time as the said study has been completed and acted upon by the City Councii,
City depariments receiving written requests for approvals regulated under this interim ordinance
shall accept complete requests and immediately process such requests in accordance with the
provisions of Minn. Stat. § 15.99, Subd. 2, consistent with the legislative intent expressed under
this interim ordinance and Councii File No. 05-22.
Section 4
Moratorium. Effective Date: The moratorium enacted under this interim ordinance, is deemed
to be enacted as of the effective date of Council File No. OS-22.
Section 5
Moratorinm, Exemptions: This moratorium shail not affect�,any research studies ar
educational activities of the University of Minnesota, or (b) other production facilities within the
City� wi�elr that presently operate to process or convert agricuitural products as described in
Secrion 2 above, ' , , , , , �
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a��� � , provided that e facility
is operated in compliance with any pernuts or llcenses ganted by the City or any State or federal
agency oz deparhnent having regulatory oversight over the facility's operations, and provided
further that any reactivated producrion facility must operate in compliance with any legal
agreements unique to that facility and only after having passed any reinspection by any
goveivmental unit necessary to insure that the facilit}�s operations comply with applicable
building or fire codes as well as any other applicable requirements intended to protect puhlic
health, welfaze and safety.
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Section �6
This interirn ordinance shall take effect and be in force 30 days from and a8er its passage,
approval and publication. Pending the effective date of this oxdanance, appiications regazding
land uses intended for regulation by this interim ordinance, shall be processed in conformance
with the terms and conditions set forth in Councii File No. OS-22.
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Requested by Department o£:
Plannina & Economic Develooment
By:
Adopted by Council: Date F�"�O� 9, r�0(��
Approved by Financial Services
By:
Adoption Cer
By:
Approved by
By:
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenflofticehounciY. Date Mitiated:
cA -�=tyA�� ,2.,�5 Green Sheet NO: 3024891
Conpct Person & Phone: Deparhnent SentTo Person InidaUDate
� p�er Watnec � 8 � Attom
A551gn 1 'NAktornev DeoartmentDirector I
Must Be on CouncN Agenda by (Daffig Num6er 2 aoncil I
For ______________-
Routing 3 i Clerk ' C7e k
Order 4 I
5
Total # of Signature Pages _(Ciip NI Locations forSignature)
Action Requested:
An interim ordinance piusnant to Miw. Stat 462355, 5ubd. 4, preserving the status quo regarding the operation of production
faciliries which process or convert mw or processed agricultueal pmducts, or the cesidue and waste generated from such processing,
into manufactured products, pending the completion and report of a study and possible action on that study by the Ciry Council.
Recommend2tions: Appro�e (A) or Reject (R): Personal Servite Contracts Must Mswer the Following QuesUons:
Plannirg Commission }, Has this persoNfirtn e�er waked ufMer a contract for this departmerit?
CIS Committee Yes No
CiulSerrice Commissiai 2. Has this pereordfirtn e�er been a city empbyee?
Yes No
3. Does this persoNfirtn possess a skill not nom�ally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and aNach to green sheet
Initiating Problem, lssuas, Opportunity (Wlio, What, When, Where, Why);
Advantages if Approved:
DisadvanWgeslfApproved:
Disadvantages If Not Approved:
Total AmaunYOf CosVRevenue Budgeted:
Transaction:- ,
� Funding Source: P.ctivity Number.
Financial lnformatlon:
(Explain)
January 12, 2005 3:13 PM Page 1
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2 Accordingly, Council File No. OS-22, regazding the faciIiues generally described therein,
3 xpresses the CouncIl's desira to immediately establish a moratorium protecting the general
4 h th, weifare and safety of the public and preserving the status quo with respect to present land
5 use within the Ciry, pending the conclusion and report of a study on the facilities generally
6 desc ' ed therean, by vnmediately prohibiting, subject to provided exceptions, the development
7 of new, relocated, reactivated or expanded, production or conversion facilities, on any parcel of
8 land or p`�rt thereof within the boundaries of the City, until such time as the aforementioned study
9 has been completed and reported and the City Council has taken acfion on any recommendations
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arising
Section 2
Moratorium Imposeid: on any pazcel of land or part thereof within the City, pending the
undertaking and comple't3on of a study of facilities which produce, process or convert agricultural
products, including but not*limited to, crops, oil seeds, seeds, forest products, live stock and live
stock products, pouluy and pnultry products, or the residue and waste generated from the
production, processing or conv�sion of such products into manufactured products, and action by
the Ciry Council on the said stud�.,the issuance or approval of zoning pernuts, site plan and lot
split or piat approvals, and building'pernuts or occupancy certificates, until the expiration of
twelve months as provided in Minn. S�at. § 4b2355, Subd. 4 or until such earlier time as the City
Councii has taken action on the recommendations contained in the study, is prohibited.
15_99: Until such time as the said study has been cbmpleted and acted upon by the City Council,
City departments receiving written requests for appro�r�als regulated under this interim ordinance
shall accept complete requests and immediately process�such requests in accordance with the
provisions of Minn. Stat. § 15.99, Subd. 2, consistent eait��the legislative intent expressed under
this interim ordinance and Council File No. OS-22.
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Sectian 4
Moratorium. Effective Date: The moratorium enacted under this iriterim ordinance, is deemed
to be enacted as of the effective date of Council File No. OS-22.
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SecTion 5
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Moratorium. Exemptions_ This moratorium shall not affect any research studie,s or educational
activifies of the University of MinnesQta, or other production facilities within the City, which
presently operate to process or convert agricultural products, including but not Iimited 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
manufactuxed products, provided that the facility is operated in compliance with any permits or
licenses granted by the City or any state or federal 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 governmentai unit necessary to insure that the
faciliry's operations comply with applicable building or fire codes as well as any other applicable
requirements intended to protect public health, welfare and safety.
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GC�39
Section 6
Morato'riuuu� Extension: The restrictions contained in tlus interun ordinance may be extended,
by amendment by the Ciry Councii, for such additional time periods provided under Minn. Stat. §
462.355, Sub�_ 4, in the event the study, its recommendations and the deliberations of the
Council require� an extension of tune.
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Section 7
This interim ordinance shall take effect and be in force 30 days from and after its passage,
approval and publication. Pe.nding the effective date of this ordinance, applications regarding
land uses intended for regulation by this interim ordinance, shall be processed in conformance
with the terms and conditions set forth in Council File No. OS-22.
eas a s sen �-
Henaaav Requested by Department of'r.,
Sy'
Adoption Certified by Council Secretary
BY:
Approved by Mayox': ➢ate
By:
Fosm Approved by City Attorney
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BY: /!� �
Approved by Mayor for Su6mission to Council
By:
Adopted by Council: Date