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07-633Council File # 07-633 Green Sheet# 3041531 Amended August 8, 2007 ORDI NCE CITYAF SAINT�AUL, MINNESOTA Presented by �� 1 � An/ordinance amending Leg. Code § 65.500 Retail 2 Sales and Services, by adding a new section providing 3 for the outdoor sales of consumer fireworks; and 4 amending use tables in §§66.421 and 66.521, adding 5 consumer fireworks sales as a permitted use in certain 6 districts. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN 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 Section 1 That Legislative Code Chapter 65.500 is hereby amended by adding the following new section pertaining to the regulation of outdoor sales of consumer fireworks to the said chapter to read as follows: Sec. 65.526. Outdoor uses, commercial sale of consumer fireworks, The sale within a temporarv structure, includinq, but not limited to, tents, stands and canopies, of the items authorized under Minnesota Statutes � 624.20(c): wire or wood sparklers of not more than 100 qrams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 qrams or less of chemical mixture per tube or a total of 200 qrams or less for multiple tubes, snakes and qlow worms. smoke devices, or trick noisemakers which include paper streamers, partY poppers, strinq poppers, snappers, and drop pops, each consisting of not more than twentv-five hundredths qrains of expiosive mixture. Standards and conditions: (a) The standards and conditions of section 65.525 shall applv. (b) The use shall obtain all necessarv permits from the Citv of Saint Paul. Permits for outdoor sale of consumer fireworks shall be valid from June 25 to Julv 5 each vear. durinq the Independence Dav holidav season. (c) All items offered for sale shall be kept within the sales structure. The sales structure shall be located at least 20 feet from anv other structure. (d) The sales structure shall be located at least one hundred (100) feet from the closest property line of anv propertv used or zoned for residential use (excludinp mixed commercial-residential usesl. D�� �v J3 1 2 3 4 5 6 7 8 9 (fl The structure shall not be located within 5� feet of a motor vehicle fuel dispenser_ (41 When the structure is unoccupied and not open for business, merchandise shall be secured or removed from the site. Section 2 That Legislative Code Chapter 66.421 Principle Uses in Business Districts, Table 66.421 is hereby amended as follows: OS 81 BC 82 83 84 85 Development Standards Outdoor uses. commercial sales of C J consumer fireworks 10 11 12 13 14 15 Section 3 That Legislative Code § 66.521, Principle Uses in Industrial Districts, Table 66.521 is hereby amended as follows: IR 11 12 13 Development Standards Outdoor uses, commercial C C � sales of consumer fireworks — — — 16 17 18 19 20 21 Section 4 This ordinance shall become effective thirty (30) days after its passage, approval, and publication. ��} �27 �� Requested by Department of: Adopted by Date Council: ��/j/ajDG�y Adoption Certified by Council Secretary BY� � �ln� ��s����.a Approved by // Date ��- Mayor: �(]�.�� /� �p � Planning and Economic Development � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet D�-�v33 C� �ouncil Contact Person & Phone: Jay Benanav t&JUL-07 Doc. Type: RESOLUTION E•Document Required: Y Document Contact: Carol ConWct Phone: :,���„�,� � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3041531 0 ouncl 1 ooncil De artment Dirtttor 2 ' Clerk GS Clerk Amending Legislative Code § 65.500 Retail Sales and Services, by adding a new section providing for [he outdoor sales of consumer fireworks; and amending use [ables in §§66.421 and 66.521, adding consumer fireworks sales as a permitted use in certain districts. tlat1o05: ApproVE (A) Of KZJBCI (tt): rersone� aervice �.eu�mcw �nua� wuo�� .�•� ...��....•.. ...._�•�..••�• Planning Commission 7. Has this person/frm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlflrm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportun�ty (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial 1 nformation: (Explain) Activity Number: CosURevenue Budgeted: July 6, 2007 3:57 PM Page 1 ��� ��� Benita B Wams 1440 Lafond Avenue St. Paul, MN 55104-2438 651-641-1037 August 1, 2007 To the Members of the St. Paul City Council: I wish to go on record in support of increaseing the restrictions on outdoor sales of fireworks in tents. The proposed ordinance provides better control of this use than the current zoning code. I feel that this ordinance, as proposed, doesn't go far enough to protect persons and property that would be adjacent to any such fireworks tent sale. I would modify the following items in this ordinance: • Under Standards and conditions:, (c) I would change the distance between the fireworks tent and any nearby structure from 20 feet to 50 feet. • Under Standards and conditions:, (e) I would add the following language: "The fifty (50) foot non-smoking area must be physically marked. No portion of any public sidewalk, boulevard right-of-way, public street, or alley may fall inside the perimeter." • I would also add item (h) to Standards and conditions: which would read: "Police reserve the right to immediately close the facility if police observe anyone smoking anywhere inside the non-smoking area." Making these changes to this ordinance will make it stronger by providing easy- to-measure criteria to determine compliance, both during the permit-granting process and during actual operation of the facility. I urge the St. Paul City Council to amend this ordinance to incorporate these changes. � � , 1�� ����r�a =-Benita B Wams Council File # �7 �p,3J Green Sheet #3041531 1 2 3 4 5 6 7 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 40 41 42 43 44 45 46 OF by Dav holidav season. An ordinance amending Leg. Code § 65.500 Retail Sales and Services, by adding a new section providing for the outdoor sales of consumer fireworks; and amending use tables in §§66.421 and 66.521, adding consumerfireworks s�les as a permitted use in certain districts. That Legislative Code Chapter pertaining to the regulation of c follows: qrains of explosive mixture. Standards and conditions: INANCE PAUL, MINNESOTA OF THE CITY OF SAINT PAUL DOES ORDAIN Section 1 is hereby amended by adding the following new section sales of consumer fireworks to the said chapter to read as located at least 20 feet from anv other structure. uses . maintained on the propertv. (f) The structure shall not be located within 50 feet of a motor vehicle fuel dispenser. removed from the site. 07-� �3_3 1 Section 2 2 Th t Legislative Code Chapter 66.421 Principle Uses in Business Districts, Table 66.421 is hereby 3 ame ed as follows: 4 OS 8� BC 82 83 84 85 Developmen Standards commercial sales of consumer 5 6 7 8 That Legislative Code § 9 as follows: 10 11 "�, 12 ''� 13 14 This ordinance shall become effective thirty (30) 11 c /2 c 13 �......�,...._. Standards J after its passage, approval, and publication. Adopted by Date Council: Adoption Certified by Council Secretary By: Approved by Date Mayor: Mayor. _ c J Section 3 Principle Uses in Industrial Districts, Table 66.521 is hereby amended Requested by Departm t of: Planning and Economic D v � Form Ap by City Attorney BY: / : �.v • `✓w�vrw� Form Approved by Mayor for Submission to Council By: � �� � Jul 19 07 03:39p MICHREL J OLSON 651 641 6123 p.l /��lR\ \ � v7 !1/�3 HAMLINE MIDWAY COALITION Hamline Pazk Building � 15� Lafond Avenue, Saint Paul, MN i5104 � 651-646-1986 � Fa�c 651-641-6123 + d��ctllC�gofastnet July I8, 2007 Mayor Cluis Coleman Councilmembers Montgomery, Thune, Harris, Benanav, Helgen, Bostrom, & Lantry Saint Paul City HaII 15 W. Kellogg Blvd. St. Paul, MN 55102 Subject: Proposed Ordinance Regarding Outdoor Sales of Consumer F�reworks Dear Mayor Coleman and Members of the City Council: At its meeting on July 17, 2007, the Hamline Midway Coalition (Dishict Council 11) Board of Directors voted unanimously to support the proposed ordinance amending L,eg. Code 65.500 Retail Sales and Services, adding Sec. 65.526 regarding Outdoor uses, commercial sale of consumer fireworks. Tl�ank you for your work on this issue. Sincerely, �����. �r� Michaei Jon Olson Executive Director Dedic,ated to ma.�i'ng the Hamline Midway neigfiborbood a better place to live and work. s�anam��,A:wn�� Gmail - Fireworks Ordinance - suggested amendment � �.�� _.�yY �=_r. Page 1 of I .�s �7��3� Jay Benanav <jbenanav@gmail.com> Fireworks Ordinance - suggested amendment 1 message Jane Prince <,1ane.Prince@ci.stpaul.mn.us> To: Jay Benanav <jbenanav@gmail.com> Cc: Darlyne Morrow <Darlyne.Morrow@ci.stpaul.mn.us> )ay, Benita testified tonight in support of Wed, Aug 1, 2007 at 9:00 PM and suggested the following amendment: Ad�l to line 40: 'The SO foot non-smoking area must be physically marked. No portion of any public sidewalk, boulevard right of way, public street, or alley may fall inside the perimeter." �,, Benita also suggested At Line 32 - change tc And add a provision: smoking anywhere ins Thanks for your con�'6 Jane, 68641 other amendments: fireworks tent and structure). �eserve the right to immediately close the facility if police observe anyone non-smoking area." won't be here next week, so please keep this in mind. Benita is at http://mail.googie. com/mail/?ik=79f681147a&vie�pt&th=114244da06955 fa2&seazch=qu... 8/8/2007