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MAYOR AND COUNCIL COMMUNICATION
DATE: 6/21/2016
REGULAR
ITEM #: 30
AGENDA ITEM: Call for a Public Hearing on Extension of the Interim Ordinance
(Moratorium)
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Sarah Sonsalla, City Attorney
BACKGROUND:
On July 7, 2015, the City Council adopted Interim Ordinance No. 08-123 declaring a moratorium
pertaining to development in the Stage 1, 2 and 3 development areas for a one year period. The
interim ordinance (moratorium) went into effect upon its publication on July 22, 2015. It is due
to expire on July 22nd of this year.
Within the Stage 1, 2, and 3 development areas there are six water bodies, whose corresponding
shoreland areas will have an impact on development. The City’s shoreland ordinance has been
revised to comply with the Minnesota Department of Natural Resources’ model shoreland
ordinance. It is currently being reviewed by the DNR, which is required by law. Pursuant to
Minnesota Statutes Section 462.355, subdivision 4 (c)(1), a city may extend its interim ordinance
(moratorium) up to an additional 120 days following the receipt of the final approval or review
by a federal, state or metropolitan agency when the approval is required by law and the review or
approval has not been completed and received by the city at least 30 days before the extension of
the interim ordinance (moratorium).
Because the shoreland ordinance is currently being reviewed by the DNR and the DNR’s review
will most likely not have been completed and received by the City within 30 days before the
expiration of the interim ordinance (which would be June 22nd) and this review is required by
law, the City may extend the interim ordinance (moratorium) for up to an additional 120 days
following the receipt of the final approval or review by the DNR. Having approved shoreland
regulations in place are important to the orderly development in the Stage 1, 2, and 3
development areas. Therefore, the City Council may want to consider extending the interim
ordinance (moratorium) in order to allow for the shoreland ordinance to be reviewed by the DNR
and adopted by the City Council.
City Council Meeting June 21, 2016 Regular Agenda Item #29
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ISSUE BEFORE COUNCIL:
Whether to call for a public hearing on the extension of the interim ordinance (moratorium).
PROPOSAL DETAILS/ANALYSIS:
In order to extend the interim ordinance (moratorium), the City Council will need to call for and
conduct a public hearing on the proposed extension. The public hearing must be held at least 15
days but not more than 30 days before the expiration of the interim ordinance (moratorium). In
this case, the interim ordinance expires on July 22nd, so the public hearing should be held at the
next regular City Council meeting on July 5, 2016. After the public hearing is held, the City
Council will then need to decide whether or not it wants to extend the interim ordinance
(moratorium).
RECOMMENDATION:
“Move to direct staff to call a public hearing on the extension of the interim ordinance
(moratorium) to be conducted by the City Council at its regular meeting on July 5, 2016.”
ATTACHMENTS:
None