02/11/2002 Council Packet - Laserfiche WebLink

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es • • COUNCIL MINUTES JANUARY 14, 2002 submitted to the City for review prior to the effective date of the moratorium. Councilmember Reinert seconded the motion. Councilmember Reinert questioned how many plats this amendment would affect. Community Development Director Grochala stated this would depend upon the proposed cut -off date for plat application submittals. Councilmember O'Donnell indicated his intent was for the cut -off date to be the effective date of the moratorium. He acknowledged this could open the City to receiving more plat applications before the effective date and suggested that this date be discussed and amended if necessary. Mayor Bergeson suggested the cut -off date be the date of adoption of the second reading of the ordinance by the Council. Councilmember Reinert agreed since his intent was to allow only those applications that have already been submitted to be exempted from the moratorium. Councilmember Reinert moved to amend the proposed amendment, providing that the exemption proposed under Section 3E(1) of the ordinance be hated to those preliminary plats submitted to the City prior to adoption of the second reading of the ocnance by tle= "council. Councilmember O'Donnell seconded the motion. Councilmember Carlson requested a legal opinion an, staf s opinion on whether there would be challenges from other parties to this motion City Attorney indicated the City Council has the right to allow the moratorium to apply to anything that has not received preliminary plat approval. He stated providing the Council chooses a date4hat does not specifically benefit one person over another, such as the effective date c fthe °. ® option pf the ordinances as proposed, he believed this would be defensible. Community Development Director roc expressed concern for the developers that this exemption would apply to He noted there has been o consistency in how the City approves or denies plats, indicating that some plats have gone through quickly while others have taken as long as one, two or even three years. He was concerned that the developers that the exemption would apply to would be caught between existing ordinances and meeting those requirements, as well as perhaps being forced or requested to meet ordinance requirements the City may or may not have developed. He noted there would be no guarantee that if the plats meet all the current requirements, the City will approve the plats since there are impending changes to some of the requirements. Community Development Director Grochala noted there was a concern regarding the perception of a moratorium and he personally felt if the situation he just proposed happens, which he was nearly certain will happen, the impact on the perception would be much worse than simply moving forward with the moratorium as originally proposed. Councilmember Reinert noted the motion did not guarantee approval of the preliminary plats. Community Development Director Grochala was concerned that the developers would move forward anticipating that their plats will be considered for approval under the current zoning and subdivision 15