Harmony Council considers emergency moratorium on zoning permits

The Harmony City Council held a special meeting on January 27 to discuss a recommendation from the Harmony EDA. The meeting was well attended by residents of Harmony.

At the January 20 EDA meeting, the board discussed the possibility of an amended ordinance regarding a conditional use permit for retail variety stores. They had begun considering the matter in the fall of 2021, but as Dollar General is now showing interest in the Wheeler’s property, it was decided to move forward with drafting the proposed ordinance. EDA president Kerry Kingsley worked with EDA members and the City of Harmony attorney, Greg Schieber to draft a proposed amended ordinance to present to the city council. The ordinance would apply only to retail variety stores, which are clearly defined in the proposal and not to current businesses, or future businesses such as gas stations, grocery stores, and specialty stores. The EDA wanted to be sure to give the process, which includes a public hearing, ample time to take place before any zoning permits for a retail variety store could be issued. It was suggested that the EDA request a 90-day emergency moratorium from the council on the issuance of zoning permits. The council agreed to hold a special meeting to consider the request.

At the beginning of the special meeting, Mayor Steve Donney addressed the room to clarify its purpose. “Regardless of the outcome of this meeting, the city has not allowed anything and the city has not disallowed anything,” he stated, adding that a public hearing would be held before moving forward with a decision on the proposed amended ordinance.

EDA Coordinator Chris Giesen thanked the council for considering the request from the EDA and reiterated that any action taken tonight would only be for the moratorium request and not for the ordinance itself. He explained that the moratorium would provide a sort of pause button to allow the council to consider the ordinance and give the public time to comment on it. Planning and Zoning has already reviewed the ordinance and recommended its approval.

President Kingsley addressed the council next. “I want to make sure the council understands where the EDA is coming from on this and our history on it,” he said. He pointed out that in the past, all dealings have fallen through when dollar stores were proposed in Harmony, which he felt was telling of the type of business they are and how the community feels about them. “The EDA board feels that that (a dollar store) does not fit into the economic development we would like to see in Harmony. We, as a board, realize that we would need to work quickly on this as any time Dollar General can walk in and ask for a permit… and they could not be turned down.” Kingsley noted that the EDA did not want to rush forward with the ordinance amendment as they wanted to fully understand the public’s feelings on it first. Approving a 90-day moratorium on the issuance of new zoning permits to retail variety stores would slow the process down in order to be fair to both sides.

Mayor Donney stated that he did not care for the idea of a moratorium, but he did appreciate the idea of getting public input on the proposed ordinance before moving forward with it. “We’re elected to represent the residents of the city and that’s difficult to do that without knowing where they stand,” he said. He questioned whether 90 days was too long for a moratorium and asked if that could be shortened. Giesen affirmed that that was possible and noted that in all reality, the process would actually only take about a month up to a month and a half, so the full 90 days would probably not be used. “It’s to provide the timing so we can study it,” he emphasized. Schieber explained that many moratoriums issued by cities are for six months to a year, so 90 days is actually a fairly short time period. The EDA recommended a 90-day moratorium to make sure that the issue did not sit and fester, but was wrapped up in a reasonable time frame.

Each of the city council members gave their thoughts on the issue. Steve Sagen, who also serves on the EDA, noted that the EDA and the council wanted to be sure to support the town and its businesses. He said that he believed the moratorium was necessary to allow extra time to thoroughly consider all aspects and angles of the ordinance. “I just think we need time and to find out what our community wants to do,” he explained. “We’re here to serve the people of the town.” Domingo Kingsley felt that allowing a dollar store type of business to open in Harmony would be detrimental and would change the face of the city. Tony Webber was not in favor of the moratorium. “I don’t like the idea of us picking and choosing who comes to town,” Webber stated. Jesse Grabau agreed. “We are talking about a property that is in private sale. I don’t think the city council needs to get involved in private sales,” he said. “We as citizens need to support all the local businesses. We need to keep our money in town.”

Mayor Donney reminded everyone that the moratorium was not to approve or deny the opening of a dollar store in Harmony. Giesen pointed out that the moratorium could pass, but the council could then decide not to approve the proposed ordinance. Schieber added that the purpose of the ordinance would be to include retail variety stores as conditional use permits. “If there is no moratorium, it’s a blank check for anyone who wants to do it (open in Harmony) as long as they meet the minimum setback requirements,” he said.

Steve Sagen made a motion to approve the moratorium with an end date of March 10, two days after that month’s regular council meeting. The motion was seconded and passed with three voting in favor of it and two voting against.

Members of the public can share their thoughts by contacting the city offices at (507) 886-8122 or administrator@harmony.mn.us. A public hearing will be set and posted on the city’s website and in the newspaper.

City Administrator Devin Swanberg asked the council to approve two bond payments due on February 1. The payments were approved.

The Park Board recommended that the council approve a motion to not spend over $35,000 on equipment for the Splash Pad. The motion passed.

Harmony Ambulance Director Samantha Grabau presented a proposal for fee changes to the ambulance service. The base rates have been $650 for the Basic Life Support unit and $850 for the Advanced Life Support unit for many years, but due to an increase in costs to operate, Grabau recommended that each of those rates be raised by $100. The fee changes were approved.

The next regular Harmony City Council meeting will be held on February 8 at 7 p.m.