Agenda - Council - 02/09/1988 - Laserfiche WebLink

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RESOLUTION 87- WHEREAS, lthe City of Ham Lake currently imposes a 2-1/2 acre minimum ~ot size for single family residential develo~ent, and WHEREAS, the main reason for the imposition of that lot size has been to comply with the desires of the Twin Cities Area Metropolitan Council to inhibit population growth in the City of Ham Lake, in favor of encouraging population growth in areas more central to the metropolitan area, and I ~ i ~ , , .' . ~ ; WHEREAS, in a recent ruling of the United States Supreme Court, to-wit, the case of First English Evangelical Lutheran Church of Glendale vs. County of Los Angeles, California, a significant new ruling on the issue of municipal liability for the temporary deprivation of usage of land has been imposed, and WHEREAS, the issue of this municipal liability where artificially large lot sizes are concerned will apparently not be capable of resolution until and unless a lawsuit asserting lower density development rights is brought and completed, and WHEREAS, the City's liability during this period of time may increase beyond the ability of the City to insure or pay damages, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAM LAKE AS FOLLOWS: I I I ! , 1 j I I I WHEREAS, the imposition of the abnormally large lot sizes in the City of Ham Lake has been maintained for the sole purpose of accommodating the desires of the Metropolitan Council for overall metropolitan planning purposes, 1. That the Minnesota Legislature is hereby urged to adopt legislation which would in effect indemnify local units of government for any liability incurred as a result of the continued maintenance by those local units of government of land use or subdivision regulations at the request or direction of the Metropolitan Council, or other governmental agencies or bodies politic, requiring such indemnification to inClude indemnification for money damages and legal defense costs. The City recommends passage of the hereto attached sample legislation, or similar legislation which accomplishes the intended purposes. r I ."J Passed by a 1987. vote this day of Mayo r ATTEST: City Clerk