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<br />City Council Regular Meetiug - 05/10/04 <br />Minutes - Page 18 <br /> <br />City Attorney Anderson responded for clarification purposes, at <br />the direction of Mayor Klausing, that a super-majority of the <br />City Council was required to amend the Comprehensive Plan, as <br />addressed by City Ordinance as well as State Statute. <br /> <br />Mr. Guerrero questioned the validity of this particular proposal <br />for this area, noting that even though the Planning Commission <br />voted unanimously, there appeared to be reservations from <br />individual Commissioners. Mr. Guerrero further questioned the <br />projected market value of the proposed units and their appraisal <br />value. <br /> <br />Mayor Klausing clarified the criteria the City Council could use <br />to evaluate the merits of a project (i.e., good land use), but that <br />their marketability was not one of those considerations. <br /> <br />Mr. Guerrero opined that the marketability should be a <br />consideration when it had a potential to increase or decrease <br />homes within the development area; and how that related to <br />whether it was in the best public interest. Mr. Guerrero further <br />opined that a lot of time and effort was put into the Zoning and <br />Comprehensive Plans for the City and its overall well-being and <br />growth and citizens relied on that plan when purchasing their <br />property; and questioned whether it was good public policy to <br />allow a developer to seek to change the character of a <br />neighborhood when they are aware of the original zoning of the <br />area prior to their purchase of the property. Mr. Guerrero further <br />opined his rationale for the City Council to deny the developer's <br />request: 1) density issues with eight units on a 1-1/2 acre lot; 2) <br />increased traffic in the area and speed concerns with Hamline <br />Avenue already being congested; and 3) if the City Council <br />supports changing the Zoning and Comprehensive Plan, how can <br />citizens be involved in monitoring the development or PUD to <br />ensure compliance. <br /> <br />Mr. Paschke noted the developer entered into a contract with the <br />City, and that the contract and construction process was <br />monitored by several city departments (i.e., Engineering and <br />Parks & Recreation), as well as through the permitting process. <br />Mr. Paschke noted, with City Attorney Anderson concurring, <br />that any violations or non-compliance issues would be <br />