2006 06-19 CC MINUTES - Laserfiche WebLink

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Agreement, that we place a moratorium on the effect of local controls of 1 additional year and that the City meet with Mr. McNulty to discuss whatissues keep usfrom collectively moving forward as effectively as possible_ He stated he wants Hillary Farm to: be a success and asked Mr. McNulty who he would like to work With, including Mr. Nolan, our new planner_ Mr. Watson clarified he intends the moratorium,to extend 1 year beyond the date local controls can be modified. Motion by Watson to extend the moratorium on change of official local controls for 1 additional year to August; 2007 from the. August, 2006 date they would otherwise expire. Schilling offereda second to the. -motion. Mr. Bosak questioned the imposition of the cumbersome language. of Ordinance No. 43G on Mr. McNulty to which .Mr: Watson responded he feels positive dialogue:between Mr, McNulty and Mr. Rafferty heeds to be restartedand would meet our needs and. supported forward movement. Mr. Bosakasked Mr. McNulty ifthe year would help: and he indicated itwould help and that he could work with Mr. Rafferty to work out problems.. Mr. Newcome then indicated the Developer's Agreement canbe amended to address specific issues athand. .Mayor Emeott indicated the pri►nary problem is our method of measuring building height. Mr. Rasmussen questionedwhat wegainby not moving forward with the clarification of the new ordinance referencing Mr: McNulty's comments: at the public hearing specific to the sections and also indicating we have already indicated a willingness to amend the Deveioper'sAgreernent to accommodate same. He also spoke .in support of revised height definitions and the revised use of an expedited Conditional Use Permit process, and the use Odle Plan Review process evidence the more recent results of their efforts. Mayor Emeriti then described and supported briefiy the Plan Review Committee's process.. Mr. Rasmussen asked Mr. Rafferty .ifthey can work with the old height ordinance and Mr. Rafferty responded in the affirmative and supported the motion. Mr. Schilling indicated to Mr. McNulty that it is iniportantthat he get back to building houses and not sitbefore the City Council every time they. meet. RESOLVED: Motion by Watson, second by Schilling to extend by 1 year to August, 2007 the inoratoriuni on the change of official local controls: asthey relate to the :.Hillary Farm development. On a roll call vote the motion was unanimously approved. Mayor Emeott then addressed (proposed) Ordinance No. 43H indicating he has prepared an Executive Summary hand out describing the changes: proposed. It also indicates: rationaleof the changes and a reference to location of sections_ Mayor Emeott stated that the zoning ordinance isthe heart of the city's development policy. Mayor Emeott then reviewed several comments ofthe summary, including Comprehensive Municipal Plan requirements. Mayor Emeott also referenced the large number of public hearings already held regarding proposed changes. He highlighted.recodification, word smithing as it relates to Conditional Use Permits, lot coverage and open space. Mayor Eineott then opened the floor for Council discussion. Motion by Mr_ Bosak to adopt Resolution No. 2006-20 approving proposed amendments to Ordinance No. 43G with said amended Ordinance to be identified as Ordinance No. 4311. Second by Schilling. Mr. Rasmussen applauded. the. Planning Commission and others efforts andlooks forward to workingwith and not on the document. Regarding the section on grading for creation of walkouts, Mr: Rasmussen asked that the motion be amended to delete restrictions on grading and adding more than 4 feet of fill to create artificial buildup for walkout designs. Mr. Wasson spoke toclarify the ordinance and Mr. Rasmussen's intent. Mr. Rafferty spoke that it refers ti the.: fact that some sites have a natural topography for creation of walkouts andsome do notand therefore the logic of site, recomniending. elimination of the 4' dimensional .provision. Attorney Newcome then.spoke indicatingNorth Oaks provisions allow only walkouts on lots whose natural topography provide for said design. Mr. Rasmussen asked Attorney Newcomeif policing North Oaks provisions was difficult and Newcome responded no. Mr_ Rasmussen spoke in favor of the intent of the provision and could support a change.: in wording. Discussion followed. Mr. Rasmussen then withdrew his modem and Mr_ Bosak withdrew his second. Mr. McNulty thenspoke in objection to several items. Mr. Newcome. reminded Mr. McNulty that he is exempted form these provision but would gladly review any submissions from Mn McNulty. Mayor Emeott then provided 5 minutes for public comment. Bryan Hansen spoke charging the City Council to know this document thoroughly as theywere not aware of Ordinance 43G provisions. The newprovisionwill take place in August - Mayor .Emeott stated they will take place upon publication and.. Hillary Farm will not be affected until August, 2007. Mr. McNulty spoke and recognized the 1 year moratorium and then indicated he is in a slow moving Market and his houses don't exactly move and this could be the case. 1 year from now so how do they ask us to further extend the moratorium .provision. Attorney Newcome said he looks forward to working with Mr. McNulty to amend. the. Developer's Agreement to accommodate his needs in the future and this is. an "olive branch extended to Mr: McNulty to relieve the tensions. Mr. McNulty's questions were then clarified. Mr. Griffith fo Larkin Hoffman spoke on behalf ofthe Twin Cities Builders Association stating he was here at Mr. McNulty's requestas a member to address concern over changes to the ordinance. He asked to work during the next year on the ordinance with the City on behalf of the Builders Association. Mayor Emeott indicated our Willingness to work with everyone to further develop the City's controls, including PUD provisions. Mr. Watson then spoke regarding Mr. Griffith's and Mr_ Hansen's comments and indicated he has.readthrough the ordinance severaltirnes but would entertain delaying for Mr. Griffith and Mr. McNulty to comment and learn oftrends. Mr. Watson asked: if delay versus amendment later was most prudent. Mayor Emeott spoke indicating. several people have been challenged to comment including Newcome's letter to Hillary Farm group and no continents have been received. Wecan not wait another 6 months. Discussion of time required to respond followed with clarification by Newcome of More than adequate time with the most recent request received. today. Mr. Griffith asked for time tostudy and. comment: Mr. Newconie indicated that opposition has been received but no solutions or recommendations and we can't use osmosis to determine what you're thinking and that we will happily review your written suggestions for. alteration. Mr. Schilling asked Mr. McNulty how long to.make his coirirn.ents and he responded Page:3 of 17