07/09/2001 Council Minutes - Laserfiche WebLink

Home Search

• • COUNCIL MINUTES JULY 9, 2001 Mayor Bergeson noted the City can not send the plan back to the drawing board unless the applicant requests another extension. Mr. Craig Kruman, Attorney for Mr. Hill, came forward and reminded the Council of the legal obligations regarding this item. He stated there are only a few outstanding items that relate to Heritage Development and he does not believe a denial will hold up in court. He stated the applicant just received a Quick Claim Deed for the road access to Old Birch. The screening issues need to be referred to an expert. The Planning and Zoning Board denial can not hold up as a reason to deny. The MUSA should not be an issue because there is still MUSA in the bank. He noted MUSA from the bank was just recently allocated to other developments. Mr. John Hill, Heritage Development, stated he is present and will answer any questions. Mayor Bergeson asked if the applicant would like a vote taken this evening. Mr. Hill indicated he would like to proceed this evening with a vot Council Member O'Donnell clarified that at the last Council of the MUSA and rezoning because he felt the City previ issues. He stated he was not supportive of the proposed pla dicated he was supportive 'stake relating to those The City Attorney advised the Council has the o�,��' to fallow the standards within the ordinances and the decision has to be based onecific rfi cts. If the action taken is not consistent with current ordinances, specific reasons as to w be ven. Council Member Carlson asked if a er can make a motion and vote no on that motion. The City Attorney advised that is 1 Council Member Carlson m• ' '` . ppr e FIRST READING, Ordinance 10 — 01, as presented. Council Member O'Donnell secoM the motion. Council Member Carlson r rred to the findings of fact and stated they have not been met. She commented on the outstandi issues discussed at the last Council meeting and indicated they have not been addressed either. She requested the Comprehensive Plan of 1987 be reviewed. She also referred to the current Comprehensive Plan relating to utilities, City growth, premature subdivision, orderly development program, design of local and residential roads, and improvement costs for utilities. She stated she does not believe this is a good use of taxpayers' dollars. Mayor Bergeson asked for clarification regarding the conditions of approval that apply to which particular motion. City Engineer Powell reviewed what the City will pay for and what the developer will pay for if the utilities are extended from the west. There will be a net increase to the trunk fund after the City pays its share. The taxpayers as a whole are not paying for utilities.