Laserfiche WebLink
does not have a reason to second guess the attorney opinions heard at this meeting. She felt they <br />should not put the City in the position of a conflict with the Constitution. Councilmember <br />Jeffrey expressed appreciation for Susan Anderson's comments and stated that the City Council <br />has to look at the rights of all Ramsey residents. He resides in the sewer and water area and he <br />does not want to put the City at risk of having to pay for private benefit. Ramsey does not <br />require forced hook-up. Councilmember Cook expressed appreciation for Mrs. Anderson's <br />comments also and stated that our present Charter and ordinance already protects our citizens <br />and added that we cannot rightly charge a developer more than what his benefit would be. <br />Councilmember Elvig stated he really wants people to understand this is a legal issue. It <br />ultimately boils down to a City Council decision but the Council should pay attention to the legal <br />opinion - we will get in trouble passing this. Based on these legal opinions, the Council has to <br />deny this. Mr. LeFevere stated this may be a subject of further discussion on the committee. Mr. <br />Zaetsch makes a comment that a developer does not have a right to City sewer and water. That <br />may be true. Generally, it is the case that the developer does not have an entitlement to sewer <br />and water but because you have the authority to say no to connect, you can attach anything you <br />want to say yes to under the Constitution. John Baker stated that it constitutes a taking if the <br />City says to a developer or an individual that you get to pay for the system for the entire <br />neighborhood. It could also be considered a taking to impose a zoning or rezoning. If they <br />already have a right to do something because of the zoning and the City puts restrictions on that - <br />the Courts would see it as a taking. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Olson, Cook, Elvig, Jeffrey, <br />Pearson, and Strommen. <br /> <br />ADJOURNMENT <br /> <br />Motion by Councilmember Elvig and seconded by Councilmember Jeffrey to adjourn the <br />meeting. <br /> <br />Motion carried. The special meeting of the Ramsey City Council adjourned at 9:18 p.m. <br /> <br />Respectfully submitted, <br /> <br />Jo/dl'hi~'ling 'k ~ <br />C~ty Clerk ~ <br /> <br />ministrator <br /> <br />City Council - Special Meeting May 18, 2005 <br /> Page 12 of 12 <br /> <br /> <br />