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<br />City Council Regular Meeting - 12/18/06 <br />Minutes - Page 16 <br /> <br />involved in planned unit developments, any replatting or <br />recombination or changing of lot lines, or any other action which <br />otherwise creates one or more new lots, within the boundaries of <br />the City of Roseville." <br /> <br />Discussion ensued regarding specific language of the proposed <br />ordinance; existing case law; and zoning request implications <br />and/or exemptions. <br /> <br />Councilmember Ihlan opined that eliminating zoning language <br />allowed a substantial loophole for potential developers; and <br />further opined that rezoning language be included as an <br />enumerated action in the ordinance. <br /> <br />Additional discussion included exemption requests and potential <br />hardships; City Attorney Anderson's determination that anything <br />denser than R-l would not be covered by the proposed <br />moratorium language as currently written; and legalities for <br />adopting a moratorium and exempting certain parcels, with City <br />Attorney Anderson opining that such action would not be legal, as <br />the Council would be differentiating one property from a whole <br />class or like- or similarly-situated properties, with potential legal <br />challenges based on the arbitrary nature of the moratorium and/or <br />equal protection rights. <br /> <br />Further discussion included staffs projection for the amount of <br />time necessary for a study, with staff preferring 90 days, rather <br />than 60; commonalities experienced in other first-ring suburbs; <br />and the possible need for the Planning Commission to schedule <br />additional meetings to study the issue. <br /> <br />Councilmember Maschka opined that the study may not change <br />the end product. <br /> <br />City Attorney sought staffs assistance in obtaining a copy of <br />Minn. Stat. Sec. 462.355 for clarification of whether the <br />moratorium could be extended or not; opining that retaining <br />language allowing up to a one-year period, with the option to <br />shorten that time if the study was completed, would be more <br />prudent, with a minimum of 120 days. <br />