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<br />City Council Regular Meeting - 01/10/05 <br />Minutes - Page 29 <br /> <br />shoreland ordinance language; cltmg the recent case Semler <br />Construction, Inc. vs. City of Hanover. <br /> <br />City Attorney Anderson addressed Councilmember Ihlan's <br />interpretation of the Semler case and clarified his interpretation <br />of the specific case law identified. <br /> <br />Roll Call (12.2, Preliminary Plat and Subdivision) <br />Ayes: Maschka, Schroeder and Klausing. <br />Nays: Kough and Ihlan <br /> <br />[12.3 Rezoning Ordinance] <br />City Manager Beets noted that staff had made a typographical <br />correction to this proposed motion to include parcels from B-1. <br /> <br />Maschka moved, Schroeder seconded, to hold a first reading of <br />an Ordinance entitled, "Amending Title 10 of the City Code, <br />changing Zoning Map Designation of Certain Real Property <br />within Twin Lakes Phase 1 from B-1, B-4 and I-I and 1-2 to <br />Planned Unit Development with an underlying zoning of B-6, <br />Mixed Use Business Park District" as per the site plan and <br />preliminary plat submitted and reviewed at the October 14, 2004 <br />Planning Commission and October 25, 2004 Council meetings; <br />to become effective upon final approval by the City Council of <br />the PUD Agreement and publication of the ordinance. <br /> <br />Terry Moses, 1776 Maple Lane <br />Mr. Moses questioned the timing concerns regarding first and <br />second readings. <br /> <br />City Attorney Anderson reiterated his intent to provide a written <br />legal opinion prior to the February 4,2005 deadline, noting that <br />this did not impact tonight's request for action. <br /> <br />Councilmember Ihlan reiterated her comments and opposition to <br />rezoning as it related to the Comprehensive Plan for the record. <br /> <br />City Attorney Anderson once again clarified that the law <br />specifically used definitions from ordinances, not <br />Comprehensive Plans which served as guidelines and general <br />