Minutes - Council - 05/27/1997 - Laserfiche WebLink

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City Attorney Goodrich stated that the City would be on less solid ground if this ordinance fails. It would be deemed arbitrary and capricious in court. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to adopt Resolution #97-05-135 adopting Findings of Fact #0428 relating to a request from Good Value Homes and Jake Barthold to rezone certain property from R-1 Rural Residential to R-1 Urban Residential. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Motion by Councilmember Beyer and seconded by Councilmember Haas Steffen to introduce an ordinance to rezone certain property from R-1 Rural Residential to R-1 Urban Residential, including only that portion of said property which is included in the MUSA as confirmed by City Council on May 27, 1997. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beyer, Haas Steffen, Beahen and Zimmerman. Voting No: None. Case #15: Request for Preliminary Plat Approval of Apple Ridge; Case of Good Value Homes John Peterson, Good Value Homes, stated that he has done some work with the preliminary plat in anticipation that the approximate 1 O-acre parcel was not included in the MUSA. He suggested that these 15 lots be presented as an outlot and that the street aligm'nents remain as they were initially proposed. He added that discussion could be opened up with regard to having part of that area as park land. Motion by Councilmember Beyer and seconded by Councilmember Zimmerman to table any action on this case and to direct Attorney Goodrich to make certain the City can accept this parcel as an outlot to this subdivision. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beyer, Zimmerman, Beahen, and Haas Steffen. Voting No: None. Case #16: Request to Renew Conditional Use Permit to Operate a Groundwater Pump- Out and Treatment Facility; Case of Waste Management of Minnesota, Inc. Zoning Administrator Frolik stated that in 1991, the City issued a conditional use permit (CUP) to Waste Management (WMMI) to establish a pump-out system at the landfill. That CUP was issued for a five-year period and expired in 1996. WMMI has requested another five years. Don Otter, Waste Management, stated that they have been negotiating for about a year with the Pollution Control Agency to take over the site. City Council/May 27, 1997 Page 15 of 22