05-06-03 CCM - Laserfiche WebLink

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Council member Johnston stated he didn't like moratoriums unless there is a compelling cause, and he hasn't been convinced of that cause. Attorney Filla stated the Council should not feel squeamish about adopting the moratorium if it is in the best interest of the City. There is nothing that prevents the city from changing regulations even if the land is platted. The City has the authority to pause and gather information for making decisions that are in the best interest for the City. He added if you don't adopt a moratorium, any property owner can come forward with plans and you have to consider the application as along as it is within the requirements of the City. Council member DeLapp indicated adopting a moratorium would benefit the residents of Lake Elmo. DeLapp added the City needs to make sure the right portions of the Old Village development area have commercial, residential, and open space. Council member Dunn spoke in favor of the moratorium saying that for her the biggest issue is water runoff. Mayor Hunt said he felt confident that the city would be able to stay on schedule with Old Village development from now on. The Council received a letter from Attorney Bruce Malkerson, who represents Mike Lynskey and Lake Elmo Business Park Partners, indicating reasons it was unnecessary to include Phase III of his client's property (located north of 391h Street between State Highway 5 and Lake Elmo Avenue) in a moratorium. Attorney Filla disagreed with Malkerson's position in his letter. Mike Lynskey stated he didn't see a need for a moratorium. In 1988 they paid for building 39th Street and a storm water pond to handle the storm water runoff from Phase III. Phase III has been zoned General Business for many years and his clients acquired and upgraded the property in reliance on that zoning. Roy Abbot, landowner in Old Village area, stated he can live with the moratorium if you are true to your word and will stay on the schedule. He added that he was sure the people who want to develop his property want to work with the city council. M/S/P Dunn/DeLapp — to adopt Ordinance No. 97-117, establishing a Development Moratorium for certain lands in the Old Village Deign Study area and insert six (6) months from the day of publication as the length of the moratorium in the ordinance. (Motion passed 4-0.) For the record, Council member Johnson noted he retained Attorney Malkerson 21 years ago to get a building permit from the City. Council member DeLapp asked for a written schedule in three (3) weeks. Mayor Hunt agreed that the Council needs accountability. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003