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91-1973 �� / ' . � , Counci l Pi le # / '0�� ' ' I'L�� " �j � Ordinan� # . ia-�s�� Green Sheet # ORDINANCE ; ITY OF SAINT UL, MINNESOTA ��r,� ; � ,W.,� � �, c, � ~� Presented By � a'y"�'' "`-�" ..- / i �Referred To � �7��7z---�� ''��J Camiittee: Date d �✓ � � An Ordinance amending the Saint Paul Administrative Code and establishing procedures for the adoption of rules and regulations by city departments, agencies, commissions, offices or employees empowered to enact rules and regulations. The Council of the City of Saint Paul Does Ordain: Section 1 That the Saint Paul Administrative Code be and is hereby amended so as to add the following thereto: .01. PIIRPOSE. Rules and procedures must be established for city ordinances in order to apply their legislative intent. Such administrative rules also have the force and effect of law. It is imperative, then, that the City Council be assured that the rules meet the intent of the affected ordinance, that the public has an opportunity to read and understand these rules, to know that the laws and policies of the city will be enforced uniformly, and to have an opportunity to appeal administrative decisions. .02. APPLICABILITY. The following procedures shall govern the manner in which city departments shall enact and amend rules and regulations that are required or authorized by city ordinance or state law. If an ordinance or law authorizing rules and regulations is repealed, the rules and regulations adopted pursuant to that ordinance or law are automatically repealed on the effective date of the repealer unless there is another ordinance or law authorizing the rules and regulations. . 03 . DEFINITIONB. For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them: DLPARTMENT means any city department, agency, commission, office or employee empowered to enact rules and regulations. RIILES AND REGIILATIONS means every department statement of general applicability and future effect adopted to implement or make specific the law enforced or administered by it or to govern its organization or procedure. '�� ',-_- qr_ ,��3 `,. ' , ' • : . 04. PROPOSED RIILES AND RFGIILATIONB. Proposed rules and � , . •regulations, or amendment of rules and regulations, shall be •referred to the director of the department of finance and � management services for review as to form and consistency with the ordinances and laws pertaining to them. After review, the director shall notify the submitting department whether modification is required to the draft proposals. The department shall modify the proposed rules and regulations as required by the director, or elect to not proceed any further. . 05. Rules to Provide tor Appeals and variances. a) Appeals. Rules and regulations shall provide that any person adversely affected by a decision of the department shall have the right to appeal from that decision. The director of the department of finance and management services or other person delegated by the director shall hear all such appeals. Decisions of the director or designee shall be final. b) VARIANCES. Rules and regulations may provide for the granting of variances from their strict application. Rules and regulations shall set forth procedures and standards by which variances may be granted and denied. A department receiving a request for variance shall review the request and set forth in writing reasons for granting or denying the variance. Decisions of the director shall be final. .06. NOTICE OF PROPOSED ADOPTION OF RIILES AND REGULATIONS. a) Notify City Clerk. The department shall notify the city clerk that rules and regulations will be considered for adoption or amendment and that copies are available for inspection. b) Publish Notice. Notice of proposed rules and regulations or amendments thereto shall be published in the official newspaper of the city, and also mailed to those persons who have registered with the department. c) Content of Notice. The published and mailed notice shall include either a copy of the proposed rule or amendment, or a description of the nature and effect of the proposed rule and an announcement that a free copy of the proposed rule is available on request from the department. d) Provide Copy of Proposed Rules. Copy of proposed rules shall be provided each member of the city council and the mayor. Each department shall maintain a list of all persons who have registered with the department for the purpose of receiving notice of rule adoption or amendments. The Council may refer the draft to a council committee for review and submission of written comments to the department. .07. R8VI8W PERIOD. The department shall allow a period of time to receive written comments to the proposed rules and regulations or amendments, which period of time shall be at least r=� r-� � � � �� ` � � 9l- :!973 ' .• �,:4��,ays from the date of publication of the notice. No public " � , �i�ar�ng shall be required, but the department may choose to . ' •conduct a public hearing on the proposed rules and regulations or ' amendments. In the event a public hearing is to be conducted, notice of the date, time and place thereof shall be included in the published and mailed notice. Upon completion of the review period or public hearing, the department may proceed to either adopt or modify the rules and regulations or amendment, or withdraw the proposal. The department shall maintain minutes of any public hearing and a record of all written comments received during the review period together with any responses which the department shall choose to make to any comment. . 08. COMPLETION OF RIILTMARING. The department shall submit to the city attorney the final rules and regulations or amendments for review as to form and consistency with ordinances and laws. The department shall conform the final rules and regulations or amendments as required by the city attorney, and shall file a copy of the final rules and regulations or amendments with the city clerk. A rule is effective upon filing with the city clerk. Section 2 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. Section 3 This ordinance shall be deemed a part of the Saint Paul Administrative Code and shall be incorporated therein and given an appropriate chapter and/or section number at the time of the next revision of the Administrative Code. Yeas Nays Absent Requested by Department of: Dtmo Goswitz Lon Macca ee Rettman T une Wilson BY= Form App ed by Ci Attorney Adopted by Council: Date �� Adoption Certified by Council Secretary eY, . a.�� By: � App oved by Mayor` for Submission to C il � Approved by Mayor: Date , � By: By: � , . ;� . � �i��3 . . . , DEPART EN�/OFFICE/COUNCIL DATE INITIATED �� 15 7 7 5 city, co�ricii io-3-9i GREEN SHEET CONTACT PERSON 8 PHONE INITIAVOATE INITIAUDATE �DEPARTMENT DIRECTOR Q CITY COUNCIL W i 11 i am Wl 1 S OTl 4 6 4 6 ASSIGN �CITY ATTORNEY �CITY CLERK NUMBERFOH MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR. 1 O��.S�9 1 ORDER �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Approval of an ordinance adding a new chapter to the City of Saint Paul Administrative Code and establishing administrative procedures for the adoption of rules and regulations by those empowered to enact them. RECAMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWHR THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a cOntract for this department? _CIB COMMITfEE _ YES NO 2. Has this persoNfirm ever been a city employee? _STAFF — YES NO _DISTRICT COUR7 _ 3. Does this person/firm possess a skill not normall y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Explain ail yes answers on separata sheet and attach to green sheet INITIATING PROBLEM,ISSUE,OPPORTUNITV(Who,What,When,Where,Why): The City Council adopts ordinances and resolutions that require a variety of rules and regulations for implementation. Since these rules and regulations have the force and effect of law the City Council must be assured that they meet the legislative intent. This ordinance establishes procedures by which these rules and regulations must written, allows for a review process and establishes an office within the Department of Finance. ADVANTAGES IF APPROVED: The City Council will be assured that ordinances and resolutions are implemented to meet the legislative intent. Citizens will be assured that ordinances and programs are enforced or operated uniformly and fairly. DISADVANTAGES IF APPROVED: Some additional staff may be necessary in the Department of Finance and Management Services to review the rules and procedures and to work with the variaus departments to make certain that they are written and meet legislative intent. DISADVANTAOES IF NOT APPROVED: Circumstances may �ontinue to arise whereby implementation of an ordinance or resolution is different than the legislative intent. REGE[VED OCT 0 81991 ,_ , TOTAI AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) �n oC. u� �S �u . d W �. � , � . ' • � ' NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL ' • ` ' � , MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ' � . ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney � 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or Nag each of these pages. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish in either chro�ologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. �. RECOMMENDATIONS Complete if the issue in question h�been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the cirys liabiliry for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)?To Whom7 When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved?I�ability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FfNANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions:How much is it � going to cost?Who is going to pay? �� ,�-�9�3 ' � Councit File # , � � �'� '�. �.�.`.._?-��r �A - �,. �. �t'�, Ordina� # ` � � , �� -�` ,� Green Sheet # ORDINANCE . TTY OF SAINT� UL, MINNESOTA , ��ys � � , , ,y/�e . . Presented By �u a�/� ��`�� / Referred To __ �� L��L� Comnittee: Date � �✓�� An Ordinance amending the Saint Paul Administrative Code and establishing procedures for the adoption of rules and regulations by city departments, agencies, commissions, offices or employees empowered to enact rules and regulations. The Council of the City of Saint Paul Does Ordain: Section 1 That the Saint Paul Administrative Code be and is hereby amended so as to add the following thereto: .01. PIIRPOSE. Rules and procedures must be established for city ordinances in order to apply their legislative intent. Such administrative rules also have the force and effect of law. It is imperative, then, that the City Council be assured that the rules meet the intent of the affected ordinance, that the public has an opportunity to read and understand these rules, to know that the laws and policies of the city will be enforced uniformly, and to have an opportunity to appeal administrative decisions. .02. APPLICABILITY. The following procedures shall govern the manner in which city departments shall enact and amend rules and regulations that are required or authorized by city ordinance or state law. If an ordinance or law authorizing rules and regulations is repealed, the rules and regulations adopted pursuant to that ordinance or law are automatically repealed on the effective date of the repealer unless there is another ordinance or law authorizing the rules and regulations. .03. DEFINITIONB. For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them: DEPARTMENT means any city department, agency, commission, office or employee empowered to enact rules and regulations. RIILES AND REGIILATIONS means every department statement of general applicability and future effect adopted to implement or make specific the law enforced or administered by it or to govern its organization or procedure. ��'�:a � q�— ,�� .04. PROPOSED RIILES AND REGIILATIONB. Proposed rules and ` �regulations, or amendment of rules and regulations, shall be referred to the director of the department of finance and management services for review as to form and consistency with the ordinances and laws pertaining to them. After review, the director shall notify the submitting department whether modification is required to the draft proposals. The department shall modify the proposed rules and regulations as required by the director, or elect to not proceed any further. . 05. Rules to Provide for Appeals and Variances. a) Appeals. Rules and regulations shall provide that any person adversely affected by a decision of the department shall have the right to appeal from that decision. The director of the department of finance and management services or other person delegated by the director shall hear all such appeals. Decisions of the director or designee shall be final. b) VARIANCES. Rules and regulations may provide for the granting of variances from their strict application. Rules and regulations shall set forth procedures and standards by which variances may be granted and denied. A department receiving a request for variance shall review the request and set forth in writing reasons for granting or denying the variance. Decisions of the director shall be final. .06. NOTICE OF PROPOSED ADOPTION OF RIILES AND REGULATIONS. a) Notify City Clerk. The department shall notify the city clerk that rules and regulations will be considered for adoption or amendment and that copies are available for inspection. b) Publish Notice. Notice of proposed rules and regulations or amendments thereto shall be published in the official newspaper of the city, and also mailed to those persons who have registered with the department. c) Content of Notice. The published and mailed notice shall include either a copy of the proposed rule or amendment, or a description of the nature and effect of the proposed rule and an announcement that a free copy of the proposed rule is available on request from the department. d) Provide Copy of Proposed Rules. Copy of proposed rules shall be provided each member of the city council and the mayor. Each department shall maintain a list of all persons who have registered with the department for the purpose of receiving notice of rule adoption or amendments. The Council may refer the draft to a council committee for review and submission of written comments to the department. .07. REVIEW PERIOD. The department shall allow a period of time to receive written comments to the proposed rules and regulations or amendments, which period of time shall be at least �', r. � � {�'1�,r��,}�� f � 9/-- / / ` ��`�'��`�I�� ✓1". �I '~ l� . 4 clays� from the date of publication of the notice. No public ` hearing shall be required, but the department may choose to . conduct a public hearing on the proposed rules and regulations or amendments. In the event a public hearing is to be conducted, notice of the date, time and place thereof shall be included in the published and mailed notice. Upon completion of the review period or public hearing, the department may proceed to either adopt or modify the rules and regulations or amendment, or withdraw the proposal. The department shall maintain minutes of any public hearing and a record of all written comments received during the review period together with any responses which the department shall choose to make to any comment. . 08. COMPLETION OF RIILEMARING. The department shall submit to the city attorney the final rules and regulations or amendments for review as to form and consistency with ordinances and laws. The department shall conform the final rules and regulations or amendments as required by the city attorney, and shall file a copy of the final rules and regulations or amendments with the city clerk. A rule is effective upon filing with the city clerk. Section 2 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. Section 3 Th.is ordinance shall be deemed a part of the Saint Paul Administrative Code and shall be incorporated therein and given an appropriate chapter and/or section number at the time of the next revision of the Administrative Code. Teas NaYS Absent Requested by Department of: Dtmond Gosuitz Lonq Maccabee Rettman Thune uitson BY= Adopted by Council: Date Form Appro ed by Ci�, Att�rney Adoption Certified by Council Secretary ` / By: i� � B � r /r f Y° App oved by Mayor� for Submission to C�i l Approved by Mayor: Date \ By: ' By: ; ' ,• . (,� j'/ /9��- 'DEPA9TMENT/OFFICE/COUNCIL DATE INITIATED N� 15 7 7 5 �ity Cotzricil 10-3-91 GREEN SHEET INITIAVDATE INITIAUDATE CONTACT PERSON&PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL W i 11 i am W l 1 S OIl 4 6 4 6 ASSIGN �CITY ATTORNEY �CITV CIERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR O gUDGET DIRECTOR �FIN.8 MGT.SERVICES DIR. ROUTING 1 O—1 S—9 1 ORDER �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of an ordinance adding a new chapter to the City of Saint Paul Administrative Code and establishing administrative procedures for the adoption of rules and regulations by those empowered to enact them. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF — YES NO _ DiSTR�Cr CouRT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Explain all yes answers on separate aheet and attach to green sheet , INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): The City Council adopts ordinances and resolutions that require a variety of rules and regulations for implementation. Since these rules and regulations have the force and effect of law the City Council must be assured that they meet the legislative intent. This ordinance establishes procedures by which these rules and regulations must written, allows for a review process and establishes an office within the Department of Finance. ADVANTAGES IF APPROVED: The City Council will be assured that ordinances and resolutions are _ implemented to meet the legislative intent. Citizens will be assured that ordinances and programs are enforced or operated uniformly and fairly. DISADVANTAGES IFAPPROVED: - Some additional staff may be necessary in the Department of Finance and Management Services to review the rules and procedures and to work with the variaus departments to make certain'that they are written and meet legislative intent. DISADVANTAGES IF NOT APPROVED: Circumstance� may ac�r.tinue to arise whereby implementation of an ordinance or resolution is different than the legislative intent. . �ECEiVED OCT 0 81991 _� . TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) �n ��/1• � nS �/, • �� iJ 17.i � l.l HUMAN SERVICES COMMITTEE � ', r C � �j , July J, 199� Page - 3 - 4. Ordinance -Amending the Legislative Code by adding a new Chapter 427A pertaining to adult health/sports clubs (adult). (Laid over from June 25th) �:Laid�over to?August 13 w h ordinance on the new Class III licensing process to be scheduled at the same time. (3 - 0) 5. Ordinance - Amending Chapter 225.08 of the Legislative Code pertaining to storage requirements of pistols in a locked storage container. (Laid over from June 11 th) Committee recommends amendment be withdrawn with Cominittee staff and City Attorney's Office to propose an alternative ordinance addressing home occupation gun sales at August 13 meeting. (3 - 0) 6. 'x�=0rdinance -91-1973 - Amending the Administrative Code by establishing procedures for the adoption of rules and regulations by City departments, agencies, commissions, offices, or employees empowered to enact rules and regulations. .;y: _ �Committee recommends indefinite lay over at author's request. (3 - 0) 7. Ordinance - 92-685 - Amending Section 167.04 of the Legislative Code pertaining to the issuance and display of commercial vehicles/specia! parking permits. Committee recommends item be laid over to August 13. � (3 - 0) d Resolution -92-787 - Authorizing appropriate City officials to execute agreements for the l�,o disbursement of Youth Pro gram Funds as listed. � n� - , 1 Committee recommends approval. (3 - 0) ` � " " CEIVED � L 2 0 1992 . � CITY CLERK . I . " I