HomeMy WebLinkAboutgr00090_000047_pg084April 10, 1978 Page 2
MAYOR'S PROCLAMATIONS
Administrator Achen read the proclamations declaring April 13, 1978 the Day of
the Nurse, and April 28, 1978 as Arbor Day.
DEVELOPMENT REVIEW POLICY - STORM DRAINAGE
Mayor Pickar asked the Task Force for an update of their progress.
Peter Sargent, chairman of the Task Force, announced that the Task Force had
elected Neil Loeding as their underchairman. He stated that they were in the
process of writing a statement of mission and direction, which would be completed
after one or two more sessions. He added that they did not get their survey
going yet and that the group is not moving as fast as what they had hoped for.
Mr. Sargent added that they had received copies of the Short, Elliott, and
Hendrickson report to review and maps of the City.
Mr. Sargent stated that part of the Task Force feels it would be advantageous
to go door to door in surveying the citizens but that the other part of the Task
Force feels that would take too long.
Attorney Meyers reported that there are two methods of imposing a moratorium
in the City that would be considered legal, one falling under statute 462.355,
subdivision 4, which states that a City is authorized to adopt an interium
ordinance, which would have to come through the Planning Commission, indicating
that they want a moratorium due to planning considerations. The other method
would be under common law. Attorney Meyers added that moratoriums have been
imposed by communities and enforced by the courts, subject to very strong
scrutiny. Attorney Meyers also added that the City must not forget the rights
of the property owners, and that the Council would have to declare a moratorium
based on the public health, safety and welfare.
Attorney Meyers stated that the City would have to show good faith in that the pro-
blem is being worked out, and that they would have to come up with an answer in
court on what the developers would have to do or what the City would have to do
to correct the problems causing the moratorium. Attorney Meyers read a portion
of the statutue which states that a moratorium must be in good faith.
Neil Loeding questioned what public welfare would consist of. Attorney Meyers
replied that it was a broad term used in the courts, which basically allows
the police departments power.
Duane McCarty, 8060 Long Lake Road asked if it was the City's position that they
would be taken into court over a moratorium. Attorney Meyers replied that he was
not aware of anyone planning to sue the City yet, but added that the Council could
not vote on issues dependent upon their fear of being sued.
Mr. McCarthy asked if the moratorium would be lifted by April 24. Mayor Pickar
replied that they were working on the issue presently but had not set a definite
date.
Councilmember Baumgartner questioned if a target date should be set.
Mr. McCarty agreed that the City should set a target date rather than let the
issue drag on.