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2016.06.21 PC Packet
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2016.06.21 PC Packet
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Community Assets & <br /> Development Department <br /> <br /> MEMORANDUM <br /> <br /> <br />DATE: June 16, 2016 <br /> <br />TO: Planning Commission <br /> <br />FROM: Janice Gundlach, Asst. Director of Community Assets & <br />Development/Planning Director <br /> <br />SUBJECT: Agenda Item #6A, Shoreland Ordinance <br /> <br />City staff has contacted the Minnesota Department of Natural Resources (DNR) three <br />additional times since the May 17, 2016 Planning Commission meeting concerning <br />review and comment on New Brighton’s most recent Shoreland Ordinance draft. The <br />latest response from the DNR indicated comments would be received prior to the June <br />21st meeting. As of the drafting of this memo, staff has not received comments. See <br />attached email thread with several attempts to solicit feedback. <br /> <br />Staff has discussed with the City Attorney proceeding to adopt the ordinance without <br />formal acceptance from the DNR. Ultimately, it was determined it was better to adopt an <br />ordinance without approval from the DNR as opposed to the current situation where the <br />City lacks an ordinance entirely. However, before proceeding it has been recommended <br />City staff communicate to the DNR the City’s intentions to adopt without their comment. <br />As such, if comments are not received in time for the June 21st meeting, staff will provide <br />formal communication to the DNR of the City’s intentions to adopt the ordinance in July <br />with, or without their comments. Planning Commission and City Council meeting dates <br />will be provided. Worst case scenario is the DNR provides comments after the ordinance <br />has been adopted, in which case the City will simply process a code amendment, <br />assuming the issue is resolvable. <br /> <br />Staff has no new information to report and therefore has not provided any additional <br />written materials, beyond this memo and email attachment. Interested public should be <br />advised to visit the City’s website, where the Planning Commission materials from all <br />past meetings are posted for public consumption. <br /> <br />Staff is recommending the Commission re-open the public hearing, being the table action <br />from last month noted continuation to June 21st. If any interested public is in attendance <br />and wants to provide testimony, it should be taken. <br /> <br />If the DNR provides comments in time for the hearing on Tuesday, staff will provide that <br />information to the Commission and public. <br /> <br />
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