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RESOLUTION 95-112
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 93-01
RELATING TO SHORELAND MANAGEMENT AND SPECIFYING ITS'
EFFECTIVE DATE
MOTION BY: Kedrowski
SECOND BY: Schenck
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City of Prior Lake adopted a Shoreland Management ordinance on
May 4,1987 pursuant to applicable statutes and agency rules, and
pursuant to MCAR 6120 as adopted and in effect as of July 3,1989, the
City of Prior Lake prepared amendments to the Shoreland Management
Ordinance, and
following publication of official notice in the City's legal newspaper,
public hearings on the amendments were held on January 21 and
February 4,1993 by the City Planning Commission and by the City
Council on February 16 and March 1,1993, and
the City Council adopted Ordinance 93-01 on March 1,1993 subject to
legal review and review and acceptance by the Minnesota Department
of Natural Resources (MDNR), and the adopted ordinance. was
transmitted to the MDNR on March 3,1993 for its' review and
acceptance, and
as of July 1,1995, the City had not received notice of acceptance of the
ordinance by MDNR, and
the Minnesota Legislature passed Chapter 248, Laws of Minnesota
1995, and
Subdivision 2, Article 18 of Chapter 248, Laws of Minnesota 1995
requires that an agency as defined in that Act must, for any written
requests submitted after July 1, 1995, approve or deny a written request
related to zoning within 60 days of receipt of a written request
containing all information required by law and failure of the agency to
do so is deemed to be approval of the request, and
16200 ~}€1~Peek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS,
WHEREAS,
the City again formally transmitted a copy of the adopted Shoreland
Management Ordinance to the MDNR on July 18,1995 for its review
and acceptance and on September 22,1995 sent a letter to the MDNR
indicating that the City had received no reply from the MDNR
concerning the July 18,1995 transmittal of the Shoreland Management
Ordinance and assumed that the ordinance was now accepted by
MDNR pursuant to Article 18, Subdivision 2 of the Laws of Minnesota
1995, and
up to and including this date, the City has not received further
communication from MDNR regarding this matter, and therefore
pursuant to Chapter 248, Article 18, Laws of Minnesota 1995, the
MDNR has approved and accepted the Shoreland Management
Ordinance .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that the passage and approval of the Shoreland Management
Ordinance(Ordinance 93-01) is hereby ratified and reaffirmed and publication of the
ordinance in the Prior Lake American is hereby ordered. Said ordinance shall become
effective upon its' publication date.
Passed and adopted this 6th day of November, 1995.
{ Seal}
RES95ll2.DOC
Andren
Greenfield
Kedrowski
Schenck
Scott
YES
X
Absent
X
X
X
NO
Andren
Greenfield
Kedrowski
Schenck
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