Agenda - Council - 01/27/1981 - Laserfiche WebLink

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TO: City Administrator FROM: City Attorney RE: January 1981 Monthly Report DATE: January 27, 1981 1) The Council as a whole and as well as individual Councilmembers should be made aware of potential City and individual Councilmember liability relating to the granting or denial of ordinance variances. I want to make certain that yOU understand that a variance policy is established of granting a variance with little or no justification, notwithstanding the ordinance, and then in an isolated case, the ordinance is strictly enforced, the Council opens it- self up to a Federal 1983 constitutional rights violation for discrimination. The person against whom the ordinance is strictly enforced would have a legitimate case of saying that he has been discriminated against and, there- fore sue the City and individual Councilmembers for damages similar to the Oliphant/Nelson case. 2) The State Legislature has mandated that each City adopt an environmental assessment ordinance. If we do not, and a developer gets underway, then has to go back and do an environmental assessment, this delay could be the City's responsibility and expose the City for a damage claim. I recommend that staff be directed to prepare such an ordinance for future presentation. This, of course, will add yet another layer of bureaucracy and administrative review. 3) As you are aware, the 1980 legislative substantially amended the City's enabling legislation relating to our subdivision regulation authority. As time becomes available, staff will work on a new subdivision ordinance in compliance with the new legislation. I am concerned that prior to our getting the ordinance amended a developer will be requesting a large lot subdivision and we will be unable to regulate the same. I, therefore, suggest that the Council adopt a subdivision moratorium for a six month period while staff gets a new subdivision ordinance prepared. WKG:sb