05/12/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES MAY 12, 2003 APPROVED 1 Mayor Bergeson stated that conditions can be included in the conditional use permit but probably not • 2 on this declaration. 3 4 Community Development Director Grochala stated that typically the EAW process is not approval or 5 denial of the project and once the application is received staff will conduct its typical review process. 6 With regard to requirements, most likely a subdivision will not be in this process so the City is 7 limited by State law on what can be included. He advised the Council of the agreements that can be 8 reached and stated that when sewer and water is extended into the area, the City will follow the 9 Chapter 429 procedures. 10 11 City Attorney Hawkins stated his opinion that they would be responsible for improvement costs to the 12 extent they receive benefit. He noted that is no different than with other projects within the City. 13 14 Councilmember Carlson stated the information provided last week included an article from USA 15 Today related to the law enacted by Congress in 2000 related to the Religious Land Act. She stated 16 she thinks the City will have difficulty with the conditional use permit and implementing the 17 Comprehensive Plan. 18 19 Mayor Bergeson noted that some of the articles provided at the last meeting were negative in tone and 20 not what the City has experienced with this application. 21 22 Councilmember Dahl stated that voting on this is by no means a guarantee that it will be rezoned or a 23 conditional use permit granted. Mayor Bergeson stated that is correct and explained this is just one 24 step in the process. . 25 26 City Planner Smyser stated if the resolution is adopted tonight, staff will send copies of that decision 27 and corrected response document to all the agencies that commented on the EAW. The next step for 28 the church would be to make formal submittal if they desire to proceed. He stated he assumes they 29 will be talking with staff during that application process. 30 31 Mayor Bergeson stated the HERON Group has requested copies of the official communications made 32 to the various agencies. City Planner Smyser explained the information that will be included in the 33 correspondence. Mayor Bergeson asked that the church and HERON Group be copied on that 34 correspondence. 35 36 Motion carried 3-2 nays (Councilmemers Dahl and Carlson). 37 38 Resolution No. 03-44 can be found in the City Clerk's office. 39 40 Mayor Bergeson called for a brief recess at 7:21 p.m. The meeting was reconvened at 7:27 p.m. 41 42 Century Farm North Residential Subdivision, Jeff Smyser 43 44 i. Consider Second Reading of Ordinance No. 12-03, Approving Rezoning to 45 Planned Unit Development 46 47 City Planner Smyser stated that the first reading of Ordinance 12-03 occurred at the April 28, 2003 • 48 meeting. If second reading is approved tonight, the ordinance would be published May 20 and 6