HomeMy WebLinkAbout# 30 Staff_REport_-_Moratorium_Extension481572v1 SJS LA515-1
MAYOR AND COUNCIL COMMUNICATION
DATE: 6/21/2016
REGULAR
ITEM #: 18
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, 2017, 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.
ISSUE BEFORE COUNCIL:
Whether to call for a public hearing on the extension of the interim ordinance (moratorium).
City Council Meeting June 21, 2016 Regular Agenda Item #18
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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:
Staff recommends that the City Council call for a public hearing to be held at the July 5th Regular City
Council meeting with the following motion:
“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