Agenda - Council - 02/10/1981 - Laserfiche WebLink

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justification, notwithstanding the ordinance in an isolated case, the ordinance would be enforced and the Council would open itself up to a Federal 1983 constitutional rights violation for discrimination. The person against whom the ordinance is strictly enforced would have a legitimate case for discrimination and possibly sue the City and individual Councilmembers for damages. 2. The State Legislature has mandated that each City adopt an environmental assessment ordinance. Attorney Goodrich recommended preparing an ordinance for future presentation. 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. The Council was in agreement and asked Attorney Goodrich to draft a proposed ordinance in this matter. 3. Attorney Goodrich stated the 1980 legislature substantially amended the City's enabling legislation relating to the subdivision regulation authority. He is concerned that prior to the Council getting the present ordinance amended, a developer will be request- ing a large lot subdivision and we will be unable to regulate the same. He suggested the Council adopt a subdivision moratorium for a six month period while the staff gets a new subdivision ordinance prepared. City Administrator Schnelle suggested a resolution for a moratorium to regulate subdivisions allowing controlling subdivisions up to 20 acres. Councilman $orteberg agreed a moratorium is necessary up to the final plat. Motion by Councilman Cox and seconded by Councilman Sorteberg to move to establish a subdivision moratorium for a six month period by preparing a resolution to be presented back at the next Council meeting. Motion carried. Voting yes: Mayor Gamec, Councilman Sorteberg, Councilman Reimann, Councilman Cox and Councilwoman Van Wagner. Voting no: None. City Engineer's Staff Report: (encl D-2-f) The Council noted City Engineer Raatikka's Staff following discussion: Report with the Regarding #4, Rum River Bridge Crossing: Mayor Garaec stated there is no funding at present for this and it is not considered a priority. He suggested the possibility of a temporary underpass at the RR crossing by a resolution, request and feasibility study for the underpass at that point. He suggested getting a resolution regarding the underpass and forward it to the State Highway Department. Councilman Cox suggested forwarding a resolution regarding the bridge crossing the Rum River at the same time. City Engineer Raatikka suggested proposing a resolution for the temporary underpass.