Minutes - Council - 08/22/2006 - Laserfiche WebLink

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Councilmember Elvig stated the difference in this situation is that the entire City is running with enterprise funds and long term programs that are well thought out with a lot of muscle and tax dollars behind them. As a communal system, this is a small system of 15 to 30 people that could be hit with a huge up-charge, with the residents likely saying the City should have thought of this and asking what they are going to do to help them out. The City has not looked into this enough to determine if there are anomalies to protect them in the future. Motion by Councilmember Cook, seconded by Councilmember Elvig, to table findings of fact related to a request for exception from the development moratorium; Case of Ron Tallman. Further discussion: Mayor Gamec stressed the need to include this issue on a work session. Community Development Director Trudgeon noted there was a work session discussion of whether to address the cluster ordinance now or to have an interim policy. Mike Mahoney, Attorney representing the applicant, stated he would like to provide the Council with his views on this case. Mayor Gamec suggested Mr. Mahoney provide his information to the full Council at a work session. Mr. Mahoney stated there is one point he would like to make. He listened carefully to Councilmember Cook's presentation, and his job here is to simply express the view of his clients; not to stand up and be a trial lawyer. Mr. Mahoney stated his clients are frustrated by the process of doing things in a sequence where in April of 2005 the cluster ordinance was adopted, and for two years they went through the process and spent $150,000 to comply with each request as the development went forward. The moratorium was adopted on May 9, 2006, the same time his clients came for the exception. Mr. Mahoney stated the concept is whether it is fair to someone who begins the process pursuant to the cluster ordinance that was adopted, and then the moratorium is put into effect. City Attorney Goodrich stated for the record, the statute states Council should be concerned with what is legally permissible. Fairness is important in the overall picture, but the language of the statute is what is important. Councilmember Elvig stated there is a common sense factor if they are debating a principal of whether the applicant were to begin their development in a couple of weeks or to wait until the moratorium is lifted in a couple of months with better criteria in place. Looking at the seasons of Minnesota and construction, even if this development were to move forward today there would be a couple of months before there is a plat approved, and the applicant will not be able to dig in the ground this year. He questioned if it is practical to have this fight on principal, as it seems the applicant will have to wait to proceed anyways. Mr. Mahoney replied his clients have spent $150,000 so far. There were two criteria that were missing; a temporary cul-de-sac and access, and those two problems are solved. The City is asking his clients to continue to do something, and they may not have the capacity to do it. His clients have done what the Council has asked them. For them the risk is being able to continue. He believes this is a matter of fairness when being in the process before the moratorium was adopted. Councilmember Elvig replied he agrees the applicants may not be able to afford to move further, because there may be criteria involved with . the cluster developments and communal septic systems that make it unaffordable at this time. He would like to finish the study before the applicants proceed further. Councilmember Cook stated in the realm of fairness Councilmember Elvig is stating his case. The Council asked the applicants to spend the money they spent to this point, and the Council is now asking the applicants to wait six months and asking more of them. Some of the reasons for the moratorium were to get a grasp on greenspace; this applicant is not asking for future development, so the remainder of their development will be greenspace. Ron Tallman, applicant, stated they would like to be able to City Council / August 22, 2006 Page 8 of 18