Agenda - Council - 10/27/1998 - Laserfiche WebLink

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D AFT Mayor Gamec asked if the Council can place the moratorium tonight and then pull it off at any time. City Attorney Goodrich recommended the proposed ordinance be amended to incorporate an undue hardship provision within the ordinance. This provision would allow a property owner to present a case for a hardship and the Council with the ability to lift the moratorium on that particular property. The Council also has the ability to remove the moratorium at any time. Mr. Goodrich stated the City only has the ability to adopt a moratorium based on authority given by Minnesota Statutes which clearly states if the City is conducting studies, authorized a study, or working on the Comprehensive Plan they can adopt a moratorium which is to protect the planning process or health, safety, and welfare of its residents. This means the City would have to be involved in a study of this property and are unable to consider a moratorium simply at the request of the State or school. He noted that the school may also have a need for a study. Councilmember Haas Steffen noted the current study the City is involved in with the Hoisington Koegler Group, Inc. She stated the Council needs to consider that people own property and are required to pay taxes on it. She supported the removal of the extension option and to keep it at a six-month period. Councilmember Haas steffen stated that she prefers to deal with a six-month term since it is expected the Comprehensive Land Use Plan will be completed within six months. Because of that, she believes it is ludicrous to consider a 30~month term. Mr. Goodrich recommended the addition of Section 4 to address a hardship situation. Mayor Gamec suggested that Mr. Zitzloff contact the City Administrator to further discuss available options. Mr. Zitzloff thanked the Council and advised of his experience with a MnDOT project and assistance from State politicians to successfully present their position before MnDOT. Bill Howard, building owner, stated that two of his leases expire in a five-month period so they are actively looking for new tenants. I-Ie asked how the moratorium will impact that activity. Mayor Gamec agreed it may be a consideration with some tenants but stated it will only be an impact if they want to build a new building. Mr. Goodrich agreed that the moratorium will not impact a building lease but an act of condemnation by the State would be an impact. Mr. Howard stated if they are not successful in replacing the tenants, it makes it difficult to meet the debt service on the building. Mayor Gamec suggested that City Staff stay in contact with Mr. Zitzloff and Mr. Howard regarding these issues. City Council/October 13, 1998 Page I4 of 22 I I ! I i ! I I I ! I I I I I I I I I