2016-04-13 CC Minutes - Approved

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City of Centerville Council Meeting Minutes April 13, 2016 currently zoned R-3 (High Density, Multi-Family), that the City would be commencing updating their Comprehensive Plan shortly. He discussed the inability to redevelop the commercial parcel because it sits in a floodplain, and the need for the DeFoe residence to be R-2 (Single Family Residential). He also discussed how the R-3 zoning district requires a Planned Unit Development Application for any development along with a Conditional Use Permit to exceed the current height maximum. Overall, he discussed how no construction could commence without more detailed plans. Attorney Glaser gave a short presentation regarding property owners’ rights to utilize their property for what it is zoned for or to request rezoning even if that is not what neighboring property owners desire. The 60 day deadline for land use action on the applicant’s requests would expire on May 23, 2016. Discussion ensued regarding providing the landowner with an opportunity to market the property to specific developers for high density, multi-family developments as the population of aging individuals increases and the desire for lower maintenance living increases. The need for a Planning Unit Development Application and Conditional Use Permit prior to building on the parcel(s) require public hearings. No current construction plans were on agenda for consideration at this time. Discussion also took place regarding the City’s previous thoughts about the current building and how its been for sale for over 10 years, and the origins of potential intended use. They also discussed the City’s need to update its current Comprehensive Plan for guided development. Mayor Wilharber requested that Attorney Glaser forward his presentation to Council for future reference, stated that many years ago residents were complaining about the problems the business brought from trash to patrons in the parking lot and the City addressed those issues with the building owners. Discussion ensued regarding the process of rezoning, public hearings and input, economy, taxes, Comprehensive Plan, due process and the property owner’s legal rights. Consensus of the Council was that with the current economy and past non-interest in the property, it would be a good time to assist the property owner in marketing the property due to the current interest, the need to consider the development, the future development of the City, property taxes, trails, driveways, ingress/egress, CSAH14/Main Street traffic levels, parking, lakeshore and its use and park dedication in the future with a proposed development through due process but not at this meeting. Mr. Frank Zimney, 7252 LaValle Drive, requested that both the Planning & Zoning Commission and Council slow the process down, felt that several documents were miss dated, the process was flawed in ordering the public hearing, the timeframe for Mr. Lentch’s applications being filed with the City, and if challenged the City could be found to be liable for inaccuracies. Attorney Glaser stated that Minnesota State Statute does not require a governing body to call for a public hearing (394.296) and that the City has met the legal requirements regarding publication, notification, etc. Mr. Zimney stated several documents have differing dates on them and that no action should be taken at this time until it is determined whether the City has made an error. Council Member Fehrenbacher stated that the largest parcel has been zoned R-3 for 10 years or more and he felt that there was no hurrying on this issue. Page 8 of 11