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04-559Council File # �9 Ordinance # Green Sheet # � ��� 5 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee Date : � 2 An interim ordinance enacted pursuant to Minn. Stat. § 462.355, 3 Subd. 4 regazding the definition of an "adult bookstore" to remain 4 in effect until such time as zoning studies have been completed and 5 any action taken based upon the studies. 6 7 Statement of Legislative Intent: The City Council, in council file no. 04-539, initiated an 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ?7 28 29 30 31 32 33 34 35 36 37 interim ordinance process to temporarily prohibit the establishment or relocation of adult uses pending a study, report, recommendations and action upon such recommendations regarding the city's adult use regulations under the zoning code. The City Counci2 hac been made awaze of the recent opening of an adult bookstore business and the City Council desires to temporarily regulate adult bookstores, as defined in the zoning code. In conjunction with the authority to enact an interim ordinance under Minn. Stat. § 462.355, Subd. 4 and initiated in council file no. 04-539, this interim ordinance is enacted pursuant to City Charter §§ 6.05 and 6.11. The intent of this interim ordinance is not to legislate or regulate the content of materials sold at adult bookstores. Rather, the intent is to provide for the regulation of the time, place and manner of adult bookstore operations through this interim ordinance and to consider the prompt enactment of a new adult bookstore definiuon, or reenactment of a previous aduit bookstore definition, based upon the zoning study initiated pursuant to this interim ordinance. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 A study of the City's regulatory ordinances relating to adult uses and adult book stores and their zoning classifications and districts shall be made pursuant to Minn. Stat. § 462.355, Subd. 4. The planning commission is requested to study the matter and submit a report and recommendaUons to the City Council based upon the study so that action may be taken and made effective within the time set forth in Section 2 below or earlier as the case may be. Section 2 Pending the completion of the said study and the enactment of any amendments to the zoning code, for the purpose of preserving the status quo with respect to adult uses, and for the purpose of protecting the health, welfare and safety of the public, no zoning or building pernuts, plat or lot split approvals may be issued or approved for the establishment or relocation of any "aduit" Pl�L1Sf�f1 ': ". �, 1 d�-SS� 2 use for a period of time not to exceed one yeaz from the effective date of this interim ordinance 3 process as allowed under Minn. Stat. § 462355, Subd. 4 or until such time as the City Council 4 has taken action on the recommendations contained in the study. 5 6 Section 3 7 8 Until such time as the said study has been completed and the City Councii has reviewed its 9 recommendations for possible adoption and the effective date of any adopted recommendation, 10 City departments receiving written applications for the approvals noted above shall accept the ll applications and immediately process them in accordance with the provisions of Minn. Stat. § 12 15.99, Subd. 2 consistent with the intent of this interim ordinance. 13 14 Section 4 IS 16 This ordinance shall take effect and be in force thirty (30) days after its passage, approval and 17 publication. The provisions of council file no. 04-539 shall control during this period. The 18 provisions of council file no. 04-539 shall expire upon the effective date of this interim 19 ordinance. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Adopted by Councxl: Date Adop �': Appr By' by Mayor for Submission to Council � Requested by Department of: By: Form Approved by City Attorney B �/.��q.i,se.-- 5-26- o y � � 9 '04 - � � Green Sheet Green Sheet o�r. ssq Green Sheet Green Sheet Green Sheet Green Sheet � DepartmerMloffice/council: Date Initiated: co -���� Z��Y-� Green Sheet NO: 3017495 Contact Person & Phone: Deoartrnent Sent To Person Initial/Date Benanav � 0 o ncil Council - Assign 1 ouncil � Couvcil i Must Be on Council Agenda by (Date): Number 2 i Clerk Ci Clerk For Routing � Otder ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: An interim ordinance regazding the definition of an "adult bookstore" to remain in effect until such time as zoning studies have been completed and any acrion taken based upon the studies. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this persoNfirtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No ' 3. Does this personffirm possess a skill not normally possessed by any current 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): Advantaqes If Approved: � Disadvantages IfApproved: DiSadvantages lfi Not Approved: i Total Amount of CostlRevenue Budgeted: Transaction: Funding Source: Activitv Number: Fi nancial Information: I (Explain) � I I