01-0130R

RESOLUTION AMENDING RESOLUTION 00-0644 ESTABLISHING LEGISLATIVE PRIORITIES TO INCLUDE CLARIFYING M.S. §15.99.

BY COUNCILOR HOGG:

        RESOLVED, that Resolution 00-0644, which set city council priorities for the 2001 session of the Minnesota State Legislature, be amended to add an Item No. 7, which reads:  supporting S.F. 200 clarifying the 60 day rule for the approval or disapproval of requests for a permit, license or other governmental approval of an action relating to zoning, septic systems or expansion of the metropolitan urban service area as set forth in Minnesota Statutes Section 15.99.


STATEMENT OF PURPOSE:  The purpose of this resolution is to add an item Number 7 to the city council list of priorities for action by the Minnesota State Legislature. This item pertains to Senate File No. 200 which clarifies the application of Minnesota Statutes Section 15.99, which statute requires that certain requests for local governmental approvals occur within a specified time, either 60 days or 120 days of the submission of the request therefor, and provides that failure to meet these time constraints results in the automatic granting of the request.

Lack of clarity in the application of this statute has led to instances where applications were inadvertently "approved" by action of the statute when the intention and desire of the city council was otherwise.

This experience with the application of M.S. §15.99 has not been unique to Duluth and, for that reason, the League of Minnesota Cities is sponsoring Senate File No. 200, which seeks to have the application of the statute clarified. The city council wishes to add its support to this effort.