(Published in the Brainerd Dispatch, Jan

(Published in the Brainerd Dispatch, January 7, 2023, 1t.) ORDINANCE NO. 1540 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROHIBITING THE CONVERSION OF DWELLINGS TO GREEN SPACE OR SURFACE PARKING IN THE TN-1 TRADITIONAL NEIGBORHOOD ONE, TN-2 TRADITIONAL NEIGHBORHOOD TWO, CN-1 CONTEMPORARY NEIGBORHOOD ONE, AND CN-2 CONTEMPORARY NEIGHBORHOOD TWO DISTRICTS THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: Purpose. Pursuant to the authority granted under Minnesota Statutes section462.355, subdivision 4, this Ordinance imposes a three-month moratorium on the conversion of dwelling units to green space or surface parking in the TN-1, TN-2, CN-1, andCN-2 zoning districts. SECTION TWO. Preliminary Findings. It is in the public interest to declare a moratorium on conversions of dwellings to green space and/or surface parking for the following reasons: 1. The purchase and removal of dwelling units to either green space or surface parking impairs the tax base, both on the property being converted and among adjacent properties. 2. Public entities, non-profit organizations, and commercial businesses within and adjacent to residential zoning districts continue to acquire dwelling units in anticipation of converting them to green space or parking. This practice is part of a spiral of decline witnessed in the vicinity of such conversions. 3. The city has a shortage of housing, particularly affordable housing. Removal of dwelling units for the establishment of green space or surface parking adds to the overall shortage of housing. 4. The city needs additional time to study this problem and develop changes to the Code to address this issue. SECTION THREE. Moratorium. The City shall not accept or process applications for the demolition of a dwelling unit in the TN-1, TN-2, CN-1, and CN-2 zones without an accompanying application for construction of a new dwelling, along with reasonable surety that such a dwelling will be constructed. A signed contract with a third-party contractor to construct a new dwelling shall be considered reasonable surety, as are other forms of financial security adequate to ensure follow-through. The Brainerd Housing and Redevelopment Authority, the Brainerd Economic Development Authority, and Crow Wing County are exempt from this moratorium. Also exempted is the removal of any unsafe or hazardous structures by the City pursuant to its statutory authority. SECTION FOUR. Study. During the period of this moratorium, City staff, the Planning Commission, and the Community Development Director shall study the issues related to conversion of dwelling units to green space and dwelling units to parking in the City of Brainerd and shall provide recommendations to the City Council concerning proposed changes to the City Code. SECTION FIVE. Repeal and Replacement. Notice is hereby given that this Ordinance, when in effect, repeals and replaces in its entirety Ordinance No. 1534. SECTION SIX. Effective Date. This ordinance shall take effect and be in full force one week from and after its publication for a period of three months. Adopted this 3rd day of January 2023 /s/ Kelly Bevans President of the Council Approved this 4th day of January 2023 /s/ DAVE BADEAUX Mayor ATTEST: /s/ JENNIFER BERGMAN City Administrator