Laserfiche WebLink
<br />City Council Regular Meeting -12/05/05 <br />Minutes - Page 15 <br /> <br />addressed her concerns related to the development with staff <br />prior to tonight's meeting for their explanation of ordinance and <br />code provisions and procedure. <br /> <br />City Attorney Anderson reviewed the provlslOns of the City <br />Code section and Councilmember Ihlan's interpretation. Mr. <br />Anderson provided his legal opinion and interpretation of the <br />code, in context, and the standards adhered to by staff and the <br />Planning Commission in their review of this type of request; and <br />the need for the final plan to meet City Code, even though they <br />are currently being reviewed and refined. <br /> <br />Mr. Paschke, at Mayor Klausing's request, confirmed that prior <br />to final platting coming before the City Council for final <br />approval, appropriate drainage and review and comment by the <br />appropriate watershed district, would be finalized. <br /> <br />Councilmember Ihlan continued her interpretation of the City <br />ordinance and legal standards for Council approval; and strongly <br />urged the City Council to follow their own established <br />ordinances, specifically based on public health, welfare or <br />general safety concerns. <br /> <br />Mayor Klausing opined his support for future review of City <br />ordinances by the City Council, HRA and advisory commissions; <br />however, not overreacting by declaring a complete moratorium <br />on lot subdivisions. <br /> <br />City Attorney Anderson opined the need for staff and the City <br />Council to read City Ordinance statements and implications as a <br />whole; noting that the requested action, in accordance with City <br />Code, Section l102.03b, was for the City Council's tentative <br />approval of a preliminary plat, merely the general acceptability <br />of the layout as submitted; and noted that case law supported the <br />applicant and that the developer had met the ordinance <br />requirements as stated, and on what the Planning Commission <br />and staff were basing their recommendations. Mr. Anderson <br />further noted that solutions for flooding or drainage concerns, <br />other jurisdiction review and approval, and the Council's <br />subsequent approval would be in based on subsequent <br />engineering proposals and continued refinement of the plan. <br />