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HomeMy WebLinkAboutgr00090_000047_pg088April 10, 1978 Page 6 Mayor Pickar asked Building and Zoning Official Rose his opinion of the request. Official Rose replied that Staff has no prcblem with the proposed amendment. He explained that the sewer and water services were already in and that the street would be finished by May and that none of the homes would be occupied until July or later. He also explained that the development agreement had been worded not to allow the home to be built until after services were in in case they had been started last fall. MS (Pickar- Baumgartner) to remove Section 6 from Development Agreement 77 -10 which states that occupancy permits should not be issued for lots 1, 2, 3, 4, 10, 11, 12, 13 and 14 until the public improvements are completed and approved by the City. Councilmember Rowley asked if the moratorium affected people who already had building permits. Mayor Pickar replied that it did not, that they could continue building. Attorney Meyers pointed out that the City does not have a written policy regarding moratoriums and that they are handling each case on an individual basis. Mayor Pickar asked if they would be just removing the occupancy permit rather than amending the building permit. Administrator Achen replied that the motion would be amending the building permit and added that he believed there should be a financial bind placed on a developer for his own storm sewer system, that they should all contribute to the City's overall plan. Administrator Achen added that if permission is not granted to Mr. Harstad now, it will automatically be okay for Mr. Harstad to continue building once the street is in next month since he will not have to come back to the City for any approval. Mayor Pickar stated that he would like to withdraw the motion he previously made. Councilmember Baumgartner stated that he would withdraw his second to that motion Mr. Todd asked if he would be able to get building permits upon the completion of the public improvements. Administrator Achen replied he would have to follow the contract that he had entered into with the City. Attorney Meyers reported that he would have to study the contract before he could advise if the City could enforce the moratorium. Mr. Todd asked what the City would be gaining by not allowing development to proceed. Attorney Meyers replied that the City is following a binding contract. Councilmember Ziebarth stated that between now and April 24, they would be trying to get an idea of what the moratorium would be like and hopefully be able to take some action. He added that it was not just one little request but all the requests added up that must be taken into consideration, and that they all contribute to the problem. Councilmember Ziebarth also pointed out that Mr. Harstad and Mr. Todd are willing to get the water off their land but that it must go somewhere, and that is how the problems start. Mayor Pickar added that all areas contribute to the problem and that any decision that would be made would set a precedence and that the City is not ready to do that yet. Don Macke ben, 8011 Sunnyside Road asked where the input on the moratorium issue would be coming from. Mayor Pickar replied that it would be coming from the Task Force, and City Engineer.