Minutes - Council - 04/11/2006 - Laserfiche WebLink

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Strommen noted if the Council allows this plat to go forward because they will use a professional management company to monitor the septic system, anyone could come forward and state they will be using a professional management company. Councilmember Elvig stated there are a handful of things that are not understood well enough yet; some things could be written as conditions that will need to be met. The Shade Tree plat requested a variance to extend the cul- de-sac, which is the primary reason he understands it was denied. A motion was put forward to introduce a moratorium for a series of reasons, dealing with density transitioning, permanent greenspace and other things. Greenspace will not be platted on these applications, but that study will have been completed when the outlots are platted. Councilmember Strommen noted a precedent is being set, and someone could come in under this precedent and state the moratorium does not apply to them either. Councilmember Elvig noted these applications meet the ordinance as it is set today. Roger Rowbotham, 17715 Erkium Street NW, stated experience is an awesome tool when making a difficult decision. He read into the record the letter on file with the City by previous Planning Commissioner Robert Johnson dated March 15, 2006 regarding his concerns with the cluster ordinance. Denny Donovan, 17605 Argon Street NW, stated he has conducted a lot of research and focused on open space and greenspace. He provided an overview of his concerns in relation to the cluster ordinance, discussing the following topics: open space and greenspace; clarification that his concems with the moratorium are not an anti-development stance; concerns with density transitioning with high density abutting low density; the cluster ordinance being in violation of the comprehensive plan established by the City in 2001; and concern that the intent of the cluster ordinance is to preserve land for potential urban development in the future, rather than open space. Councilmember Elvig informed Mr. Donovan his comments are suited for the upcoming case in the agenda relating to the moratorium in the Rural Developing area. He explained the reason for the moratorium is that the Council does not think the language is correct in the existing ordinance, and that it needs additional work. Mr. Donovan stated there are other issues just as significant as the preservation of open land to be addressed. He stated Mr. Johnson expressed grave concerns regarding the cluster ordinance. This will likely be a long and difficult process, and the ordinance may not even be tweakable. Councilmember Elvig suggested the motion on the floor be amended to state that the professional management firm that will manage the community septic system be required to receive City approval. Motion on the floor amended as follows: Motion by Councilmember Cook, seconded by Councilmember Olson, to adopt Resolution #06- 04-114 approving the preliminary plat for Kelly Acres, contingent upon the following: 1. Compliance with City Staff review letter dated February 28, 2006, revised April 5, 2006. 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency. 3. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat. 4. The developer engaging the services of a professional management firm to manage the community septic system, with a requirement that the management firm be approved by the City. City Council / April I1, 2006 Page 12 of 26