City Council Agenda and Packet 2019 08 20

Home Browse Search

City Council Meeting Minutes July 30, 2019 Page 7 of 8 Councilmember Loo stated it behooves us to let other municipalities to go through the hard work and wait for that information. If we have a moratorium we have to act on changes and move the process forward as it would be temporary and we can't have serial moratoria. It is more cost effective and responsible for us to allow other cities to test the legal risk and wait to see what happens. Councilmember Maloney stated we are trying to gauge the risk of a moratorium. City Attorney Kelly stated it would be defensible for more than one extension on a moratorium if the City Council is actively working on rules, at least for a reasonable time. Councilmember Maloney stated both tools could work but the moratorium may be safer. Councilmember Stolzmann stated starting working on rules will require we take other projects off the work plan. It might take more staff time and money than it is worth. City Attorney Kelly stated if the Council wants a moratorium the City would have to show they are making progress on rules with the clear goal of drafting regulations. Mayor Pro Tem Lipton would like a quick moratorium to be clear we are not open for business. Councilmember Keany stated a moratorium may encourage people to apply for a permit to get it in as soon as possible. Mayor Muckle noted the risk is very low now because of the geology. There are advantages to not having a moratorium and upsetting the oil and gas industry for no reason. He stated that because the risk is so low #3 makes sense. To invest the time and effort on new rules and to create public uproar seems unnecessary right now. City Attorney Kelly stated one consideration is that the approach in #3 has not been court - tested. Councilmember Keany supports #3 to allow the City the most options at the least cost. City Manager Balser stated some municipalities are well along the way with regulations and we can use that information as a basis for ours, but a significant effort and large amount of staff time would be needed for this as well as a funding allocation. Mayor Pro Tem Lipton stated we will need to make an effort in the next year or so due to the new state laws and changes in technology regardless of the cost. Our residents will want us to do this. Councilmember Loo stated she is comfortable with #3 and waiting for the work of other municipalities that we can piggyback on. The risk is low for us due to the geology. A moratorium is a financial and time commitment we may not be ready to make. 36