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Mounds View City Council October 11, 1982 <br />Regular Meeting Page Three <br />r* m would take approximately 45 days to go into <br />effect. <br />Bruce Malkerson, of Popham, Haik, Schnobrich, <br />Kaufman Doty, Ltd., 4344 IDS Center, Minneapolis, <br />stated he is representing Messrs. John and Jim <br />Miller, Fred O. Watson Co., and Keith Harstad, all <br />of whom own property within the City. He presented <br />the Council with a lengthy letter regarding the <br />proposed ordinance, and explained he has several <br />unanswered questions, and reviewed many of them. <br />Mr. Malkerson stated he has reviewed the proposed <br />flood plain ordinance, and feels it is important <br />for the City to do the flood plain and wetlands <br />ordinance together. He stated his clients have <br />objections to the ordinance in its present form, <br />and have several unanswered questions, and that <br />without the information they are requesting to <br />answer these questions, they cannot judge the total <br />impact of the ordinance on them. <br />Mr. Malkerson asked that the Council appoint some- <br />one, whether it be a Staff person, Councilmember, <br />or whoever, to sit down with him and his clients <br />and go over their many areas of question, and <br />explain how this ordinance would work. He added <br />that his clients do not want to come in and apply <br />after the ordinance is adopted, and then discover <br />problems. <br />Mr. Malkerson stated he feels the proposed ordinance <br />is a concientious taking, and a violation of rights, <br />and he is putting the City on notice, as he believes <br />the City will be liable for damages if the ordinance <br />is adopted as is. He also asked to be informed of <br />she procedure to be followed for the flood plain <br />ordinance. <br />Mr. Malkerson also suggested several items he feels <br />should be included in the ordinance, as listed on <br />page four of his letter to the Council. He explained <br />that millions of dollars of tax base would be taken <br />off the tax rolls if the ordinance is adopted as is. <br />He also read a Court statement, from 283 N.W.2d 538 at <br />544, regarding the Court's feelings on taking of <br />property and awarding damages. Mr. Malkerson <br />summarized his stand on the ordinance and asked again <br />for someone to be appointed to work with him and his <br />clients, as only then would they have a better <br />understanding of what the City is trying to <br />accomplish. <br />Fred Watson, of the Fred Watson Co., 252 S. Plaza <br />Building, Minneapolis, stated he has been waiting <br />for the past two years for something to come to a <br />