Minutes - Council - 05/09/2006 - Laserfiche WebLink

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Further discussion: Councilmember Elvig stated he lives along the power line, and the power line crews come through periodically; they came through 1 to 1 lA years ago and cleared all of the trees, both what he had planted and the naturally growing trees. A crew member informed him it is likely they will come through about every seven to eight years. City Attorney Goodrich advised the findings need to mirror what the Council, staff and the Planning Commission have heard. He questioned if Community Development Director Trudgeon is comfortable with the findings as drafted. Community Development Director Trudgeon responded in the affirmative. Motion by Councilmember Olson, seconded by Mayor Gamec, to adopt Resolution #06-05-147 adopting findings of fact #0762 relating to a request for preliminary plat approval of Shade Tree Creek with the following additional finding: The tree plan/landscaping will not afford the necessary density transitioning, and additional methods of transitioning by plat redesign are necessary to accomplish the ordinance requirements. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Olson, Cook, Elvig, Jeffrey, Pearson, and Strommen. Voting No: None. Motion by Councilmember Olson, seconded by Councilmember Cook to adopt resolution #06- 05-148 denying preliminary plat approval to Shade Tree Creek based on the findings of fact. Further discussion: City Attorney Goodrich advised this resolution should be considered based on the adopted findings, and nothing else. Councilmember Jeffrey noted the applicant's attorney discussed moving the plat forward on the verge of approval. This statement bothers him; the Planning Commission recommended denial of this plat, and applications are not on the verge of approval when they come before the Council. Councilmember Elvig noted another comment by the applicant's attorney was that the technical issues are fairly minor and that this is a good and appropriate project for the neighborhood and community. However, this particular project included five to seven hours of debate at the Planning and Zoning level, and the neighborhood is very much against how this development is laid out. Mayor Gamec stated it is good to receive the public input, but the Council's determination must be made based on the City's ordinances. Councilmember Elvig noted the first bullet point of the cluster ordinance refers to the location of housing towards adjacent property. The ordinance also refers to all other factors required by City Council. He stated citizen input is one of those factors taken into account by the Council. Councilmember Cook stressed the importance of relying on findings of fact, while a lot of citizen input is based on emotions. Motion carried. Voting Yes: Mayor Garnet, Councilmembers Olson, Cook, Elvig, Jeffrey, Pearson, and Strommen. Voting No: None. City Council / May 9, 2006 Page 10 of 30