01/13/2003 Council Minutes - Laserfiche WebLink

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• • • COUNCIL MINUTES JANUARY 13, 2003 APPROVED Councilmember Reinert stated that only allowing 147 times 7 years is the reason that will be cited. City Attorney Hawkins stated his opinion that having that standard set can be cited as justification and is defensible. Councilmember Reinert noted that some arbitrary decisions may be made related to correcting years that went over and as to when the Council decides to make that correction. Mayor Bergeson stated that one of the keys to make it defensible is to have a long-term view and not try to adjust the number currently. So, if in year 2005 and there is consensus it is too far ahead, the Council will have to make a decision to implement adjustments in the following years (2006, 2007 and 2008). City Attorney Hawkins stated that he has talked about this point with Councilmember Reinert. He stated this ordinance is breaking new ground when placing a limitation on the number of areas to be developed. He stated the Council is trying to exercise the authority found in the enabling language to regulate growth and he thinks it can be defended. However, he is unaware of another community that has tried to limit growth in this manner so Lino Lakes may be a test case. Councilmember Reinert asked if a court action would result in destroying the Comprehensive Plan. City Planner Smyser stated that he did not think so, however, a court action may result in certain sections having to be changed. Councilmember Carlson referenced Provision #14 indicating: "MUSA reserve acreage to be granted shall be the acres of buildability area only." However, staff said everything not wetland is considered buildable area. She asked if all hydric soils will be buildable. City Planner Smyser explained that in the development application, the only thing that will matter is the area that has been delineated as wetland. If it is delineated as wetland, it is not buildable. If not delineated as wetland, for purposes of allocating MUSA and calculating density, it will be considered buildable. He explained that with a steeply sloped topography, that would not be buildable, but that is not a usual situation within Lino Lakes. City Planner Smyser stated the intent is to get the same definition across-the-board and on individual sites, because of the slopes, it may not be physically buildable but the same calculations will be used for MUSA allocation and density. Thus, hydric soils become irrelevant. Councilmember Carlson referenced Provision #15 indicating: "Allocating or granting MUSA reserve within the Stage 1 growth area in accordance with a phasing plan for the project is an action that implements the Comprehensive Plan: it is not an amendment of the Comprehensive Plan. Allocating MUSA reserve shall require the same majority vote by the City Council as is required for a rezoning." She asked if allocating MUSA reserve requires the same Council majority vote as required for a rezoning. City Planner Smyser explained that State Statutes require a simple majority for rezoning unless it is rezoned from a Residential zone to a Commercial/Industrial zone. In that case, it would require a super majority of 4/5ths vote. He noted there will not be many such rezoning cases in Lino Lakes. 14