HomeMy WebLinkAbout10B - City Code Sections 1006 and 1109 - Appeals to District Court
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 1, 2009
10 B
DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 1006
AND 1109 OF THE CITY CODE RELATED TO APPEALS TO DISTRICT
COURT.
Introduction
The purpose of this report is to consider an amendment to the City Code
adding Section 1006.400 and Section 1109.500. If adopted, the proposed
amendments would clarify the process for appealing a decision of the City
Council.
Historv
In cases where an aggrieved individual wishes for a decision of the Planning
Commission to be reconsidered, the individual may ask to appeal the decision
to the City Council. However, in cases where an individual would ask that a
Council decision be reconsidered, currently the City Code does not provide
direction. Most commonly, this could happen in the case of a Rezoning or
Comprehensive Plan Amendment request. Although an aggrieved party
currently has the right to appeal a decision of the City Council to district court,
the Code is silent on how long an aggrieved party has to bring an appeal.
Without a specified time limit an aggrieved party could arguably wait years
before filing an action against the City.
Current Circumstances
In the past, citizens have inquired as to their rights related to appealing a
decision by the City Council. In response to that, Staff believes it would be
helpful to include the following language in Section 1006 and Section 1109 of
the City Code:
APPEAL TO DISTRICT COURT: Anv oerson aaarieved bv an ordinance. rule.
reaulation. decision. or order of the Citv Council shall have 30 davs from the.
date of the decision to aooeal the decision to the district court.
On May 26, 2009 the Planning Commission held a public hearing
related to the proposed amendment. The Planning Commission voted
unanimously to recommend approval of the amendment language.
The proposed amendments allow for further clarification of individuals rights
related to appealing City Council zoning or zoning related decisions since this
language is incorporated into the Zoning Ordinance.
www.cityofpriorlake.com
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FINANCIAL
IMPACT:
There are no direct financial impacts as a result of the proposed Code
Amendments.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt an ordinance amending the text of the City ordinance as proposed or
with changes specified by the City Council.
2. Deny the amendments to the ordinance.
3. Defer consideration of this item and provide staff with specific direction.
RECOMMENDED
MOTION:
The Planning Commission and staff recommend Alternative #1.
Re(lVed by.:
.J
Frank Boyles
Motion and second to adopt an ordinance amending Section 1006.400 and
Section 1109.500 of the Prior Lake City Code.
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.1 09-XX
AN ORDINANCE AMENDING SECTION 1006 AND SECTION 1109 OF THE PRIOR
LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
Section 1006.400 and Section 1109.500 of the Prior Lake City Code is hereby amended
to read as follows:
APPEAL TO DISTRICT COURT: Anv oerson aaarieved bv an ordinance. rule.
reaulation. decision. or order of the Citv Council shall have 30 davs from the date of the
decision to aooeal the decision to the district court.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 1 st day of June, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 6th day of June, 2009.
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
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Phone 952.447.9800 / Fax 952.447.4245