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® II <br />5159 <br />r'n <br />TO: Mayor and City Council <br />FROM: Mark E. Bernhardson, City Administrato*^^^ <br />DATS: May 15, 1990 <br />SUBJECT: Moratorium - Facilities for Non City of Orono <br />Municipalities <br />Attachment: A. Draft Ordinance No., Second Series <br />B. Ordinance No. 10.20 - R-lA One Family Residential <br />Zone <br />C. Ordinance No. 10.40 <br />D. City of Wayzata Letter Dated 5/23/90 <br />ISSUE - <br />1. Hold the public hearing. <br />2. Determine if the City desires to impose a moratorium as it <br />relates to facilities of other units of governemnt other than <br />those of the City of Orono and the school districts outside the <br />jurisdictional boundaries, to determine what zoning category and <br />regulations are appropriate to such use. <br />3. If so, adopt Attachment A, effective _ _ _ _ _. <br />INTRODUCTION - In the past there has been one case of the <br />location of selected facilities of another municipality being <br />located in the City of Orono. This has subsequently resulted an <br />attempted annexation. As Council may be aware there has been <br />interest expressed in another parcel by another municipality. <br />While they have indicated that such municipality may not need to <br />have it annexed into their jurisdiction at this time, it <br />obviously sets up a possible basis for an annexation longterm. <br />In addition there are other land use issues related to such <br />considerations that need study. <br />DISCUSSION - Minnesota Statutes 462.351 et. sq. gives the <br />municipalities the ability to adopt a moratorium in order to <br />allow it an opportunity to explore selected land use issues. The <br />City can adopt a moratorium for up to 18 months and can <br />subsequently extend that moratorium subject to a public hearing <br />for a period not to exr I an additional 12 months. <br />As you will note in Attachment B the City does allow location of <br />municipal facilities as a permitted use in any of its residential <br />zones together with its commercial zones. (As noted in <br />Attachment C they are only permitted in business zones where the <br />usage is considered an office usage.) It is our City Attorney's <br />position that that applies only to city of Orono facilities; the <br />municipality interested in the land indicates that there is a <br />Court interpretation that indicate that it may be broader than <br />that. (Staff asked for a legal citation of that but has not