10/22/2008 Minutes - Laserfiche WebLink

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be open to every resident within the City. The adininistration, boards and commissions, BZD Coinmittee and Council have to address development as to what is best for the entire City. Because the Commission didn't give the outcome Mr. Orlowski wanted on a specific development, he is proposing to change the process to ensure his preferred outcome is reached. Mr. Orlowslci said the reason it was per ward was because the Law Director advised that it would be best to have it by ward or wards which would be affected. Mrs. Meredith cautioned that the ordinance would allow a developer to have land rezoned without a development plan in place which would talce the ability away froin the residents and the City to safeguard the outcome of the development. The responsibility of those elected and appointed have a responsiUility to do what is best for the City as a whole, not just a select few. If the residents are not satisfied with the outcome they have a right to a referendum. The residents already have a method in place to put any zoning issue on a ballot. Mr. Bohlmann voiced his frustrations over recent rezoning and development proposals near his home which he did not feel the City was acting on the best interest of the area residents. Therefore he had inixed feelings towards the ordinance as the City has a tendency of waiting until an issue comes up to deal with it and it places the City and residents in a bind. Ms. Wenger advised that the ordinance was restricted to changing the zoning of single residence land to residential cluster district and that no other zoning districts were included in the ordinance. The cluster district requires development plan approval before a rezoning, therefore Mr. Orlowslci's idea that a ward vote would save the developer time and money is not viable. It is important to review not only the spirit and intent behind a piece of legislation but also what it will actually do, who it will protect, who it will serve, and how it affects the City as a whole. Mr. Orlowslci said his ordinance is to allow residents to vote on spot rezoning issues talcing place. It may be far reaching, it could impact a lot of developments, but it is legal and done in other communities. Mr. Cotner aslced if Council would have the final vote on the ardinance once the Commission malces their recommendation. Mr. Laslco reviewed that if the Commission recommends denying the ordinance it will talce two-thirds of Council to pass the ardinance. If the ordinance is passed then any proposal rezoning residential land to residential cluster would require the vote of the residents within that ward. The majority of Cominission members present felt that the ordinance was important enough to table until all Commissioners were present and allow them an opportunity to review the issue more. Mr. Martindale said no govei-nment is perfect and when govenunent acts against the will of the people then the public only has two remedies, litigation or political drives to remove those from office. The ordinance provides a third method which is a more desirable approach. Mr. CraUs read the section of the Charter which refers to multi dwellings which the ordinance references and he believes to be deficient. Mr. Lueclcel said the Coinmission has a purpose to stand up to large businesses which want to come into the City to malce sure their development fits into the City. However his overall concern as a homeowner is what assurances do residents have that their home values will not deteriorate if the cluster developments are not maintained. Mrs. Meredith said property maintenance requirements are the same for all zoning districts and it is up to the building department to malce sure property maintenance requirements are followed by all property owners. Mr. Bohlmann reviewed that there are homeowners associations whereby homeowners pay dues to maintain common areas of a development which is regulated by the