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HomeMy WebLinkAbout2008-128 Council Resolution• • Council Member Gallup introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -128 RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVIEW OBLIGATIONS WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decennial" reviews by December 31, 2008; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the "decennial" review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must include a timetable and plan for completing the review and amendment; and WHEREAS, the City will not be able to complete its "decennial" review by December 31, 2008, for the following reasons: The mandatory 6 -month adjacent jurisdiction review process must be completed by the submittal date. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Administrator is directed to submit to the Metropolitan Council no later than November 1, 2008, an application requesting an extension to May 29, 2009 2. The City Administrator must include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by May 29, 2009; and (b) the review and amendment of the City's fiscal devices and official controls. • • 1 n e Bartell lCity Clerk rgeso"n, Mayor Adopted by the Lino Lakes City Council this 27th day of October, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Sfinl t2 and upon vote being taken thereon, the following voted in favor thereof: Gallup, Stoltz, Reinert, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6B Michael Grochala October 27, 2008 Consideration of Resolution No. 08 -128, Requesting Extension of Time to Complete Review and Amendment of Local Comprehensive Plan Simple Majority Minnesota Statutes section 473.864 requires all metropolitan area units of government to review and, if necessary, amend their entire comprehensive plans, fiscal devices, and official controls at least once every ten years. This "decennial" review requirement ensures that the comprehensive plans conform to metropolitan system plans and do not conflict with or permit activities that conflict with metropolitan system plans. By statute, plan updates and amendments must be completed by December 31, 2008. However, Minnesota Statutes section 473.864, subdivision 2, authorizes the Metropolitan Council to grant extensions to local governments that require additional time to complete their "decennial" review obligations and make necessary amendments to their comprehensive plans. Metropolitan Council has provided for local units of government to request an extension of the December 31, 2008 "decennial" review deadline to May 29,2009, if the request includes a reasonably detailed timetable and plan for: (1) completing and submitting the comprehensive plan update to the Metropolitan Council, and (2) reviewing and amending fiscal devices and official controls. The mandatory 6 -month adjacent jurisdiction review process must be completed by that submittal date. As the council is aware the draft Comprehensive Plan document has been completed and reviewed by the Comprehensive Plan Advisory Panel, Environmental Board, Park Board and Economic Development Advisory Committee. The draft plan was distributed to the City Council on September 2, 2008. The City's third "Open House" was held on September 4. The Planning and Zoning Board held a public hearing on September 10, 2008 and recommended approval of the plan with some minor modifications. The City Council met on September 26, 2008 to begin review of the plan and a follow up meeting is scheduled for October 27, 2008. There are three steps remaining in the plan approval process as follows: 1. City Council approval for distribution to adjacent governmental units and school districts. • 2. City Council preliminary plan approval and submittal to Metropolitan Council for review. 3. City Council final plan approval. • The next step in the process is for the council to authorize distribution of the plan for review by adjacent jurisdictions. All adjacent jurisdictions including cities (9), counties (3), townships (1), watershed districts (2), school districts (3) are allowed up to six months to complete their review of the plan. The City cannot submit the plan to Metropolitan Council for their review until 1) comments have been received from all jurisdictions; or 2) the six months have elapsed. Following completion of the adjacent jurisdiction review any comments received will be reviewed and, if necessary, recommended changes will be incorporated into the plan. The plan will then be sent back to the Planning & Zoning Board for their recommendation. The City Council would then take action to consider preliminary plan approval and submit the plan to Metropolitan Council for their review. After receipt of the plan the Metropolitan Council will begin its review process. The Metropolitan Council has three months to review the plan if it is deemed complete. They can also extend the review period if mutually agreed to by the city. If the plan conforms to the regional systems policy plans, the Metropolitan Council will direct that the City may put its comprehensive plan into effect. If the plan does not conform or otherwise is not in order, per the law and policies, the Metropolitan Council will send the City a resolution, with its decision to require modifications to assure conformance with the metropolitan system plans. After Metropolitan Council review the City will then need to take action to formally adopt the comprehensive plan. Any changes required by Metropolitan Council will need to be incorporated into the plan prior to adoption by the City. REVIEW At this time it is not possible for the City to complete the mandatory 6 -month adjacent jurisdiction review and meet the December 31, 2008 submittal deadline. Therefore an extension request is necessary. However, in order to meet the extended deadline, the City will need to authorize distribution of the plan to adjacent jurisdictions as soon as possible. The proposed schedule is as follows: 1. November 10, 2008 City Council authorizes distribution to adjacent jurisdictions for review. Following authorization plans sets will be distributed to adjacent jurisdictions by Friday, November 14, 2008. 2. May 14, 2009, mandatory 6 -month adjacent jurisdiction review period terminates. 3. May 20, 2009, Planning & Zoning Board meeting to review comments and recommend preliminary plan approval. • 4. May 25, 2009, City Council — consider preliminary plan approval and submittal and distribution to Metropolitan Council. 5. May 29, 2009, Plan submitted to Metropolitan Council for review. While the proposed schedule to meet the extended submittal date is tight, staff is anticipating that adjacent jurisdictions will complete their review well ahead of the six - month timeline. During the interim the council will still have the opportunity to continue review of the plan. RECOMMENDATION: Staff recommends approval of Resolution No. 08 -128. ATTACHMENTS: 1. Resolution No. 08 -128 • •