Agenda - Council - 02/25/1997 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I 17:10 LRD OFFICES 2140 4TH RUE ~ 612 427 5543 Memorandum - Page 2 Ordina~lce Adoption Procedure An interim moratorium ordinance would proceduraly be adopted by the City pursuant to its charter provisions, which require first the introduction of the ordinance at a Council meeting, and then final adoption at a subsequent meeting held three days after the introduction meeting. As 'with all City ordinances, this ordinance would not take effect until 30 days after its publication. A majority vote is sufficient to pas such an interium ordinance. cannot Act Arbitrarily The Minnesota Supreme Court of Appeals in Medical Services v. .Ci~v of Savaqe, 487 NW 2d (1992) held that pursuant to Minnesota Statutes 462.355, subd. (1) Cities have broad authority to enact a moratorium; (2) However, the authority is not unlimited; (3) Cities must exercise the authority for protecting the planning process only; (4) Cities cannot arbitrarily enact a moratorium ordinance to delay or prevent a single project. Fifth Amendment Taklnq Issues The Fifth Amendment to the U.S. Constitution provides that "private property (shall not) be taken for public use without just compensation" The U.S. Supreme Court has ruled that a taking occurs when an owner has been denied all economically viable use of its property. In the case of Woodbury Place Partners v. Woodbury, 492 Nw 2d 258 (Minn. App. 1992), the plaintiff challenged a two year moratorium enacted by the City of Woodbury. In this case, the plaintiff applied for preliminary plat approval to develop its property. Prior to the preliminary plat approval, the City enacted an interim ordinance which prohibited acceptance of or consideration of subdivision approval, etc., on areas adjacent to 1-494. The plaintiff brought suit against the City claiming that the moratorium was a compensable "taking" under the Fifth Amendment, because it denied the owner of all economically viable use of its property for the two year moratorium term. The Minnesota Court of Appeals held that, when measured against the full value of the property, a two year delay does tea