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Serving Northern St. Louis County, Minnesota

Moratorium in effect for some permits

Marshall Helmberger
Posted 6/30/16

GREENWOOD TWP— At a special meeting June 24, the Greenwood Town Board voted to implement an interim moratorium on the consideration of new conditional use permits, rezoning requests, new …

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Moratorium in effect for some permits

Posted

GREENWOOD TWP— At a special meeting June 24, the Greenwood Town Board voted to implement an interim moratorium on the consideration of new conditional use permits, rezoning requests, new subdivisions, and variances as part of the township’s hand-over of planning and zoning authority to St. Louis County.

The town board adopted a resolution that puts the moratorium on conditional use permits, rezoning, and subdivisions in place on July 1, while the township will still take variance requests until Aug. 1.

The moratorium will remain in effect until the township and the county work out the details of the handover of authority, which could take a few months.

The discussion of the handover came after Rick Worringer announced at the beginning of the meeting that he was stepping down as board chair, for personal reasons, but would remain as a township supervisor. Worringer’s announcement was a surprise and left the board temporarily unsure of how to proceed with the meeting. It also prompted objections from a few of the nearly two dozen residents in attendance, who noted that Worringer’s resignation was not on the special meeting agenda, as would normally be required.

The board initially passed a flurry of motions, that named Supervisor Gene Baland as chair and Supervisor John Bassing as vice-chair, but quickly rescinded them when members of the audience objected. In the end, Baland took the gavel as vice chair and the meeting moved forward.

Process concerns

The handover of planning and zoning authority leaves a number of outstanding issues and questions, some of which county planners are helping the township work through. Planning Director Julia Maki asked how to proceed on a pending conditional use permit application from the Vermilion Club. Maki said she had advised the Vermilion Club’s owner to hold off on an application, but the town board decided to give the business until July 1 to make an application if they want to proceed under the township’s planning process.

Maki said she’s been getting “lots of calls” from township residents with questions about how to proceed with planned applications for various permits.

For now, county planning staff is advising the township to retain its planning commission and board of adjustment, since these bodies will still need to adopt final ordinances later this fall that abolish the township’s own planning and zoning ordinances, leaving the county planning and zoning ordinance in effect.

The township’s decision to relinquish its authority also raises questions about who will be responsible for completing the township’s new comprehensive plan. Under the township’s contract with the IRRRRB, the township had until June 30 to complete the plan. But the township still needs a public hearing before the plan can be adopted. Maki said she discussed the issue with IRRRRB staff, who gave the go-ahead to extend the township’s deadline to the end of the year. The town board will have the option of holding its own public hearing and making a recommendation to the county to adopt the comprehensive plan. The town board could adopt the plan itself, but would then need to rescind it as part of the handover of planning and zoning to the county.

The transfer of authority also leaves the question of the township’s responsibility to the planning director. Back in January, the town board approved new three-year employee contracts, including a contract with Maki that allows dismissal only for “just cause.”

In answer, county officials cited previous Supreme Court decisions that suggest that the elimination of a position, which is expected in this case once the county assumes full authority, is considered just cause for terminating an employee.

While county officials are providing advice, none were present at last Friday’s meeting. Bassing said county planning director Barb Hayden wanted a formal resolution from the township before taking further action on the transfer of authority. The town board approved that resolution and authorized Bassing, Baland, Town Clerk Sue Drobac, and the township attorney to work with county officials on the details of the transfer.