06/10/2002 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES JUNE 10, 2002 Motion carried unanimously. Authorize Waiver of Building Permit Fees for Special Project — Linda Waite Smith. Mayor Bergeson stated the Lino Lakes Lions Club has undertaken a project to assist a local resident whose home needs significant alterations to make it accessible to a family member with a severe disability. The Lions Club has asked the City to support the project by waiving the City portion of fees normally charged for the required building permits. Mayor Bergeson requested City Attorney Hawkins' opinion on this request. It was City Attorney Hawkins' opinion that whenever the City establishes fees for building permits are based on accepted standards to the City. It was his opinion without any specific ision. He acknowledged ity does not have any provisions e advised against approving this and other services, it has a legal obligation to ensure that those and are applied uniformly among the individuals who make appl that the City Council, in making a decision to waive building pe standards or criteria in an ordinance, would be making an i sympathy for the plight of the individual in this case, howe in its code to authorize such a waiver of the building pe request. Mayor Bergeson stated he had agreed to bring thi for there to be a definitive response on record. Council that he has ever gone against the adv point to make a motion doing just that. rward to the Council this evening in order t believe since his time serving on the f the City Attorney. However, he wished at this Mayor Bergeson moved to authorize a�. t'� ve the City portion of required building permits for Lino Lakes Lion Club's special pro gun ` ember O'Donnell seconded the motion. Councilmember Dahl quest motion passed. It was City A others with similar plights wi building permit fees as well. felt that any person without a disability could also request their building permit be waived. Councilmember Dahl felt this was the reason the City has a variance program and noted the City Council has always weighed each variance request separately. ey Hawkins on what the ramifications would be if this eyawkins' opinion that the possible ramifications would be the City would have the right to request the City to waive their A tionally, because there was not basis to waive the permit fees, he Councilmember Carlson questioned whether an emergency ordinance could be passed to change the code to allow the waiving of permit fees in certain cases so all people are treated equally. City Attorney Hawkins expressed concern that there was no criteria for granting this request. He noted variance applications have specific provisions and standards that are followed. He felt in this case the City would simply be arbitrarily waiving a building permit fee for an individual who made a request. He acknowledged this was an emotional situation and suggested if the City Council wished 10