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HomeMy WebLinkAboutOrdinance 730INTERIM ORDINANCE N0.730 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM TO STUDY THE IMPACT OF THE ELIMINATION OF THE PUBLIC FACILITIES ZONING DISTRICT ON THE SITING OF NEW ADULT USE BUSINESSES WHEREAS, on October 13, 2003, the City Council adopted Ordinance No. 720 which eliminated the designation of a Public Facilities Zoning District within the City of Mounds View; and WHEREAS, Section 513.03 of the Mounds View City Code provides that no adult establishment may be located within 500 feet of a public facilities zoning district; and WHEREAS, the City desires to study the impact of the elimination of the public facilities zoning district on the opportunity for adult establishments to locate within the City of Mounds View; and WHEREAS, the City Counci! has authority, pursuant to Section 3.06 of the City of Mounds View City Charter and Minnesota Statutes Section 462.355, subdivision 4, to adopt an emergency interim ordinance to study whether new or amended controls are necessary to fulfill the City's legal obligation to adequately protect the public health, safety and welfare; and WHEREAS, the City Council is concerned that in light of the elimination of the public facilities zoning district, Section 513.03 of the Mounds View City Code may need to be amended to accomplish the purpose for which it was intended; and WHEREAS, there is a need for a study to be conducted so that the City can determine whether such amended controls are necessary. NOW, THEREFORE BE IT RESOLVED: THE CITY OF MOUNDS VIEW ORDAINS: Section 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following emergency interim Ordinance No. 730. Subdivision 1. Purpose. a. To protect the planning process under the authority of Minnesota Statutes, Section 462.355, subdivision 4, and to protect the public health, safety and welfare of the citizens of the City of Mounds View, the City Council of the City • of Mounds View hereby adopts an interim ordinance which prohibits the siting of any new adult establishments as defined in Chapter 513 of the Mounds View City Code within the City of Mounds View. b. The purpose of this Ordinance is to temporarily protect the planning process and to allow the City to study the effect of the elimination of the public • facilities zoning district on the available area for adult establishments to locate in the City. Subdivision 2. Applicability of Ordinance. This interim Ordinance shall be in effect for three (3) months after its adoption. SECTION 2. This emergency ordinance is effective upon adoption in accordance with Section 3.06 of the City of Mounds View City Charter. Passed by the City Council of the City of Mounds View, Minnesota this 26th day of January, 2004. ATTEST: (SEAL} • APPR VE S O FORM: S o ig , Ci ttorney • ~ `~~~`~ ~~ • v~~ Kurt Ulrich, City Clerk-Administrator State of M[nai~esot~ SS Connffrty o4° R~arnsey~ Keri Solseth ,being duly sworn, on oath, says that • he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRTCTHTON RTTT.T.F.TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on WED• ,the 4 day of FEB. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUV WXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ *abcdefghij klmnopq rstuvwxyz BY: Subscribed and sworn to before me on this 4TH day of FEB. 20 04 TITLE ACCOUNTING ASSOCIATE Notary Pubiic • *Alphabet should be in the same size and kind of type as the notice. f TDWY~ R. ~t'~il~t'B~D 'a ~~~,rsuc~~~c~~scra ~, ,: •,, ~. RATE INFORMATION ~~ -s, l~yare~ .dt~rr.3'l.260S o ^ (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 1 /04 ........$24.00 per col. inch ..........$20.49 per col. inch ....$ per col. inch INTERIM ORDINANCE N0.730 CITY OF MOUNDS VIEW COUNTY OF RAMSEY \ STATE OF MINNESOTA AN' INTERIM ORDINANCE ESTABLISHING A MORATORIUM TO STUDY THE IMPACT. OF '.THE ELIMINATK)N OF THE. PUBLIC FACILITIES. ZONING DISTRICT. ON THE SITING OF NEW ADULT USE BUSINESSES WHEREAS,: on October 13, 2003, the City Council adopted Ordinance No. ?20 which eliminated the designation of a Public Facilities Zoning District within the City of Mounds View; and WHEREAS, Section 513.03 of the Mounds View City Code provides that n0' adult establishment may be located within 500 feet of a publ~ facilities zoning. district: and WHEREAS, the City desires tostudy the impact of the elimination of the ~ pubic facifftles zoning distract on the opportunity for adult establishments to locate within the Ciiy of Mounds View; and WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of Mounds View City Charter and Minnesota Statutes. Section 462.355, subdivision 4; to adopt an emergency interim ordinance to study whether new or .amended controls are necessary to fulfill the City's legal obligation to adequately protect the public health, safety and weffa7e; and WHEREAS, the City Council is concerned that in light of the elimination of the public facilities zoning .district, Section 513.03 of the Mounds View City Code may .need to be amended to accomplish the purposes for which it was intended; and ' WHEREAS, there is a need for a study 1' to be conducted so that the City can determine .whether such amended controls are necessary. NOW, THEREFORE BE IT RESOLVED: THE CITY OF MOUNDS 'VIEW ORDAMIS: Section 1. The City of Mounds ,View Municipal- Code Appendix D is hereby. amended to include reference to .the following emergency imenm Ordinance No. 730. , Subdivision t.:Purpose. a. To protect the "piannirtg process under the !authority of Minnesota Statutes, Section 462:355; subdivision 4, and to protect the ,public health, ;safety arxi welfare of the citizens of the~~City of Mounds View, the City Council of the City of Mounds View hereby adopts an interim ordinance which prohibits the- siting of any new adult establshments as defined in Chapter 513 of the Mounds View. City Code within .the City of Mounds View: b. The purpose of this Ordhrance is to temporarily protect the pNannir~ plrocess and to a0ow the City to study ttre eftaet of the elimination of the public faclities zoning district on the available, area for adult estabNshmeMS to beats in the City. Subdivision 2. App11e4tNltty. of OrdMance. This interim Ordinance shall be in effect. for three (3) months utter its adoption. SECTION 2. This emetgency ordinance is effective upon adoption in a~ocdance with Section 3:06 o}.the City of Mounds View City Charter_ Passed by the City Council of the City of Mounds View, Minnesota this 2Elltt~ttay of January, 2004. Jar Links ,l~layor ATTEST: Kurt Ulrich City CIerWAdministrator APPROVED AS TO FORM: Scott Riggs CHy Attorney