Agenda - Council - 07/11/1995 - Laserfiche WebLink

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I affected by approval of this subdivision by the City Council, nor would his salary have been affected by disapproval of the prellmi~ary plat. ' I Tho n,]~her of officials ~aking the decision who are. lnteres2ed; the only member of the city Council who to the best of my knowledge ~ad a potential conflict of interest 'in making this !decision was CounCilmember 'Hardin. ' (4) The need, if any, to haveiinterested persons make the dec~sion. There was no nee~ for Councilmember Hardin to take part in the preliminary plat decision, as the remaining four members of t~e City Council were qualified to vote on this issue. Coupcilmenuber Hardin did abstain ~ on the vote for final plat a~proval of Amber Ridge, which ~ action was unanimously approved by the other four ~ councilmembers. ~ (5) Tho other means ava£1able, Sf any, for an opportunity to ~ review th~ ~ecision. The relevant State statute and City Code provlslons required a !fUll public hearing prior to preliminary plat approval, i The public hearing was held n by the Planning Commission ~nd the public was given ample .! opportunity for input regarding the subdivision. Review ~i of the City council's decision was available by appeal ~ to the District Court and'. to the Minnesota Court of ~i Appeals. I ~ Based upon all of the above cited fa%tore, it is my opinion that C0uncilmember Hardin was not legally disqualified because of a conflict of'interest to vote on the lapproval of the Amber Ridge preliminary plat. I base this opinioD on four crucial factors: (1) COuncilmember Hardin appear~ to have had no or arguably very minimal pecuniary interest in seeing that the preliminary plat approval was granted; (2} (3) (4) The City Council may not l(~gally deny preliminary plat approval when a developer Subdivision Code relating Amber Ridge developer had z city Code; Councilmember Hardin's vote the action taken; and complies with the City's thereto and it appears the 'easonably complied with the was not the deciding vote in Any person aggrieved by the ICitY Council s action on the preliminary plat approval h~d ample opportunity to have this decision reviewed by Ithe District Court and the Minnesota court of Appeals. m m m m{ m m m m ! m m m ! m m m