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Mayor Gamec asked if the Council can place the moratorium tonight and then pull it off at any <br />time. <br /> <br />City Attorney Goodrich recommended the proposed ordinance be amended to incorporate an <br />undue hardship provision within the ordinance. This provision would allow a property owner to <br />present a case for a hardship and the Council with the ability to lift the moratorium on that <br />particular property. The Council also has the ability to remove the moratorium at any time. <br /> <br />Mr. Goodrich stated the City only has the ability to adopt a moratorium based on authority given <br />by Minnesota Statutes which clearly states if the City is conducting studies, authorized a study, <br />or working on the Comprehensive Plan they can adopt a moratorium which is to protect the <br />planning process or health, safety, and welfare of its residents. This means the City would have <br />to be involved in a study of this property and are unable to consider a moratorium simply at the <br />request of the State or school. He noted that the school may also have a need for a study. <br /> <br />Councilmember Haas Steffen noted the current study the City is involved in with the Hoisington <br />Koegler Group, Inc. She stated the Council needs to consider that people own property and are <br />required to pay taxes on it. She supported the removal of the extension option and to keep it at a <br />six-month period. Councilmember Haas Steffen stated that she prefers to deal with a six-month <br />term since it is expected the Comprehensive Land Use Plan will be completed within six months. <br />Because of that, she believes it is ludicrous to consider a 30-month term. <br /> <br />Mr. Goodrich recommended the addition of Section 4 to address a hardship situation. <br /> <br />Mayor Gamec suggested that Mr. Zitzloff contact the City Administrator to further discuss <br />available options. <br /> <br />Mr. Zitzloff thanked the Council and advised of his experience with a MnDOT project and <br />assistance from State politicians to successfully present their position before MnDOT. <br /> <br />Bill Howard, building owner, stated that two of his leases expire in a five-month period so they <br />are actively looking for new tenants. He asked how the moratorium will impact that activity. <br /> <br />Mayor Gamec agreed it may be a consideration with some tenants but stated it will only be an <br />impact if they want to build a new building. <br /> <br />Mr. Goodrich agreed that the moratorium will not impact a building lease but an act of <br />condemnation by the State would be an impact. <br /> <br />Mr. Howard stated if they are not successful in replacing the tenants, it makes it difficult to meet <br />the debt service on the building. <br /> <br />Mayor Gamec suggested that City Staff stay in contact with Mr. Zitzloff and Mr. Howard <br />regarding these issues. <br /> <br />City Council/October 13, 1998 <br /> Page 14 of 22 <br /> <br /> <br />