05/14/2001 Council Minutes - Laserfiche WebLink

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• • COUNCIL MINUTES MAY 14, 2001 Motion failed with Council Member Carlson and Dahl voting no. The City Attorney advised approval of the rezone is needed to proceed. City Planner Smyser stated the Council must make findings tonight as to why the rezone was denied. The City Attorney advised the Council Members who voted no to explain their reasons. Council Member Carlson stated that there are only 291/ acres left if the MUSA bank. Approval of the previous agreement was no guarantee that this would be approved. She stated there seems to be too many oversights and this area is outside of the MUSA area. City Planner Smyser advised that he does not know why this oversight occurred. There is no explanation as to why Lot 13 was there and not in the MUSA. He stator, is very likely that this was an oversight because there is no rational reason not to include it Indic : d he assumes it was a mistake by the City. The rezoning in 1994 was before the MUS b�eve existed. Council Member Dahl stated that in her opinion there are, o �y u esolved issues that need to be resolved. She stated she would prefer not to mention leer re ons gy _; denial in a public meeting. The City Attorney noted there has never been a c Council Member Dahl stated she could not Mayor Bergeson asked if action reg advised he does not know how the, Members voted in favor of the eetin` on this subject. quest. ngs of Fact should be taken. The City Attorney to findings when three (3) out of the five (5) Council City Planner Smyser ask- s if the +• ine on the application also refers to the MUSA request. The City Attorney advised the + oes refer to the MUSA request also. Action should be taken on all three (3) items. Council Member Carlson asked if approval could be given to a preliminary plat that includes lots that MUSA and zoning do not apply to. The City Attorney advised that the Council could not technically approve it because the lots relate to MUSA and rezone. The preliminary plat can not be approved because it does not have the proper zoning. He recommended the two (2) other items be denied unanimously. Mr. John Johnson, Engineer for Mr. Uhde, came forward and asked if the item can be brought back to the Council if the motion fails. The City Attorney advised there is a timeline regarding when the request can be brought back. • Mr. Johnson asked if the preliminary plat and rezone could be amended to exclude the two (2) lots. 13