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Mr. Joseph G. Chlebeck <br />July 8, 1982 <br />Page Three <br />Section 1006.020(g) provides: <br />In the subdividing of any land, due regard shall <br />be shown for all natural features, such as topography, <br />tree growth, water courses, historic spots or similar <br />conditions which if preserved will add attractiveness <br />and stability to the proposed development. <br />Section 1006.050(a) provides: <br />The development shall conform to the natural <br />limitations presented by topography and soil <br />so as to create the least potential for soil <br />erosion. <br />Section 1006.060, entitled "Protected Areas," provides, in part, <br />as follows: <br />Where land proposed for subdivision is deemed <br />environmentally sensitive by the City due to the <br />existence of wetlands, drainage ways, water <br />courses, floodable areas or steep slopes, the <br />design of said subdivision shall clearly reflect <br />all necessary measures of protection to insure <br />against adverse environmental impact. <br />Based upon the necessity to control and maintain <br />certain sensitive areas, the City shall determine <br />whether said protection will be accomplished <br />through lot enlargement and redesign, easement, <br />or dedication of those sensitive areas in the <br />form of outlots. . . <br />The Minnesota Supreme Court has not decided any cases that <br />relate to the discretionary authority of a City Council, pursuant <br />to Minn. Stat. Section 462.358. However, it is our opinion that <br />a general "reasonableness" test would be applicable, i.e., a <br />City Council could not act in an arbitrary, capricious or un- <br />reasonable manner in approving or disapproving a plat. In the <br />event the Council were to disapprove a preliminary plat, Section <br />1004.020(e)(3) requires that: <br />The reasons for such action shall be recorded <br />in the proceedings of the Council and transmitted <br />to the applicant. <br />34 <br />