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