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Councilmember Anderson inquired if the majority of the owners would have to waive their rights <br />if there were several properties that adjoin the proposed development. <br /> <br />Councilmember Hendriksen stated that whoever has fee title to the property can chose to waive <br />the requirement. If there is a border with ten property owners and only one property owner <br />agrees to waiving the transitioning requirements it would be of no benefit to the developer. The <br />opportunity to waive their rights is really only significant to a person adjacent to a large parcel. <br /> <br />Jeffery Menth, 14726 Ramsey Boulevard NW, Ramsey, stated that if there is a large developer <br />and you own the land adjacent to the proposed development and you waive the rights then they <br />can build small lots adjacent to his land and he did not see any benefit to that. <br /> <br />Councilmember Anderson replied that it would give the property owner the same opportunity to <br />develop the land into urban lots. <br /> <br />Mayor Gamec stated that if there is a series of one acre lots along one acre lots and they want to <br />split their lot into two lots, they would be unable to do so under this ordinance, which impacts <br />the rights of existing property owners. <br /> <br />Councilmember Hendriksen stated that he listens suspiciously when the Mayor talks about all the <br />people that would like to subdivide their one acre lot. What he hears is that people are concerned <br />that a development will occur next to them at a higher density. The Apple Ridge development is <br />what caused the Charter amendment to be created. They have drafted an ordinance that <br />embodies the spirit of the Charter amendment that has been introduced. At the work session the <br />Mayor had indicated that he was going to talk to some Attorneys regarding the ordinance and <br />inquired as to what the opinions were. <br /> <br />Mayor Gamec stated that he had not had an opportunity to discuss the ordinance with other <br />attorneys, but he feels the planning going into the second tier of development makes for a high <br />cost development and also creates a problem for existing homeowners and as a City they need to <br />take some responsibility. We are not the only City having this problem and to ignore this as a <br />City Council, he feels they are neglecting some of their duties and responsibilities and if there are <br />areas that it is not suited for the ordinance then that needs to be addressed.' To require one acre <br />and ½ acre lots within the MUSA, he cannot support that. <br /> <br />Councilmember Connolly stated that residents have been working on developing this ordinance <br />for three years and people deserve to get what they voted for. <br /> <br />Mayor Gamec replied that they are there to represent what the people want and he feels that the <br />City does abide by the Charter. <br /> <br />Councihnember Hendriksen stated that he did find the time to meet with Attorney Jim Thompson <br />regarding the ordinance and he indicted that there is no reason not to adopt the ordinance. The <br />City Attorney also has indicated that there is no reason not to adopt the ordinance. <br /> <br />City Council/December 12, 2000 <br /> Page 17 of 25 <br /> <br /> <br />