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April 10, 1978 Page 6 <br />Mayor Pickar asked Building and Zoning Official Rose his opinion of the request. <br />Official Rose replied that Staff has no prcblem with the proposed amendment. He <br />explained that the sewer and water services were already in and that the street <br />would be finished by May and that none of the homes would be occupied until July <br />or later. He also explained that the development agreement had been worded not <br />to allow the home to be built until after services were in in case they had been <br />started last fall. <br />MS (Pickar- Baumgartner) to remove Section 6 from Development Agreement 77 -10 <br />which states that occupancy permits should not be issued for lots 1, 2, 3, 4, <br />10, 11, 12, 13 and 14 until the public improvements are completed and approved <br />by the City. <br />Councilmember Rowley asked if the moratorium affected people who already had <br />building permits. Mayor Pickar replied that it did not, that they could continue <br />building. <br />Attorney Meyers pointed out that the City does not have a written policy regarding <br />moratoriums and that they are handling each case on an individual basis. <br />Mayor Pickar asked if they would be just removing the occupancy permit rather than <br />amending the building permit. Administrator Achen replied that the motion would <br />be amending the building permit and added that he believed there should be a financial <br />bind placed on a developer for his own storm sewer system, that they should all <br />contribute to the City's overall plan. <br />Administrator Achen added that if permission is not granted to Mr. Harstad now, <br />it will automatically be okay for Mr. Harstad to continue building once the street <br />is in next month since he will not have to come back to the City for any approval. <br />Mayor Pickar stated that he would like to withdraw the motion he previously made. <br />Councilmember Baumgartner stated that he would withdraw his second to that motion <br />Mr. Todd asked if he would be able to get building permits upon the completion of <br />the public improvements. Administrator Achen replied he would have to follow the <br />contract that he had entered into with the City. <br />Attorney Meyers reported that he would have to study the contract before he could <br />advise if the City could enforce the moratorium. <br />Mr. Todd asked what the City would be gaining by not allowing development to proceed. <br />Attorney Meyers replied that the City is following a binding contract. <br />Councilmember Ziebarth stated that between now and April 24, they would be trying to <br />get an idea of what the moratorium would be like and hopefully be able to take some <br />action. He added that it was not just one little request but all the requests added <br />up that must be taken into consideration, and that they all contribute to the problem. <br />Councilmember Ziebarth also pointed out that Mr. Harstad and Mr. Todd are willing to <br />get the water off their land but that it must go somewhere, and that is how the problems <br />start. Mayor Pickar added that all areas contribute to the problem and that any <br />decision that would be made would set a precedence and that the City is not ready to <br />do that yet. <br />Don Macke ben, 8011 Sunnyside Road asked where the input on the moratorium issue would <br />be coming from. Mayor Pickar replied that it would be coming from the Task Force, <br />and City Engineer. <br />