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City Attorney Goodrich replied that he raised the issue as a legal issue. He stated that he did not <br />think another public hearing was an absolute legal requirement, but felt the issue was there. He <br />stated that if the plat was challenged, the Court would look at what was mailed out and what was <br />published in the newspaper, not what everyone knew from the public hearings. Mr. Goodrich <br />noted that the Council could conduct the public hearing. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to direct staff <br />to schedule a public hearing before the City Council on September 11, 2001. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Zimmerman, <br />Anderson, and Kurak. Voting No: None. <br /> <br />Councilmember Kurak noted that there are two parks on the perimeter of the development and <br />there will be park dedication and trail fees collected from the development. <br /> <br />Councilmember Hendriksen stated that the Council has fought many battles over the density <br />transitioning and except for those residents who are paying a total of $120,000 to $140,000, all of <br />the rest of the perimeter lots are receiving no transition. The Mayor has said on numerous <br />occasions that the proper time to handle the issue of density transitioning is at preliminary plat <br />stage, and he felt that it was incumbent upon the other Councilmembers to address the issue at <br />this time. <br /> <br />Mayor Gamec replied that they can discuss the issue further during the public hearing. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Zimmerman, to table action until the <br />conclusion of the public hearing held on September 11, 2001. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Anderson, <br />Hendriksen, and Kurak. Voting No: None. <br /> <br />Mayor Gamec recessed the regular meeting of the City Council meeting at 8:26 p.m. <br /> <br />Mayor Gamec called the regular meeting of the City Council back to order at 8:34 p.m. <br /> <br />Case #3: <br /> <br />Request to Rezone Property from Industrial to R-3 Urban Residential; Case <br />of TSM Development, Inc. <br /> <br />Community Development Director Frolik stated that Steve Schmitt of TSM Development has <br />submitted an application to rezone property located at the Northeast quadrant of CSAH #116 <br />(Industry Avenue N.W.) and CSAH #56 (Ramsey Boulevard NW) from Industrial to R-3 Urban <br />Residential. The rezoning would allow the property to be developed with townhomes at a <br />density not to exceed 7 units per acre. The property is 4.77 acres in size and is within the <br />Metropolitan Urban Service Area (MUSA). The general development plan accompanying the <br /> <br />City Council/August 28, 2001 <br /> Page 14 of 36 <br /> <br /> <br />