Agenda - Council - 03/13/2001 - Laserfiche WebLink

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City Attorney Goodrich stated that he would prefer to see the guidelines be included in the ordinance so that a change could not be made to the guidelines without a super majority vote. Mayor Gamec stated that each particular parcel needs to be considered differently and the previous versions of the density transition ordinance did not give a lot of options, which this ordinance does Councilmember Hendriksen replied that the City Attorney has advised the Council that to the extent that the Council allows discretion the less defendable the ordinance becomes. City Attorney Goodrich noted that all of the items included in the guidelines could be included within ordinance text and then from a legai standpoint he would be more comfortable with its enforceability. Councilmember Hendriksen stated that he likes the lot size-tiering indicated in the guidelines. City Attorney Goodrich recommended tabling action and then have staff incorporate guidelines into the ordinance and then bring it back for introduction. He expressed concern ovef Paragraph b2 under Section 1, Subdivision 2. Councilmember Hendriksen stated that he is concerned with paragraph b l under Section I. Subdivision 2, because the Council has received testimony from residents that they opposed rezoning property from commercial to higher density residential because they see commercial as being less of a burden and imposition on their quality of life. Councilmember Kurak stated that at her first City Council meeting in January there were comments made in regards to whether or not she should vote to rescind the special election and comments were made by Councilmember Hendriksen which made her really think about voting on a density transition ordinance and she keeps coming back to one thing. Ms. Kurak referenced the following three quotes made by Councilmember Hendriksen during the January meeting: 1) "My personal feeling is, that considering your considerable land interests in this City and the thousands, many thousands of dollars difference that this ordinance, if passed, would potentially have on the revenues generated, I would hope that you would abstain." 2) "It is no secret that if this becomes law, the density permitted on property under development would be reduced. The density that you can achieve on a. parcel is directly related to the revenue produced from that parcel. All I'm saying is that, number one, I agree with the City Attorney, legally you can vote on this. ][ would not. IfI were in your situation, I would find it ethically unacceptable to vote on it, personally." 3) "..Because quite frankly, urn, at the time, I mean I'm, it wasn't until I reread Lens that I had any inkling that you would not be legally disqualified from voting mean I, I would have thought before rereading that that clearly with as much land as you have, with the enormous, ah, difference in development potential that that ordinance would result in, that clearly you would be excluded. But apparently the fact that people have the right to go to court and challenge those things is enough of a legal window of opportunity to permit you to vote and just City Council/February 13, 2001 Page 21 of 27 -71-