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Session 1827 <br />December 3, 2001 <br /> <br />neighborhood that it is with moderate sized housing and trees. She doesn't want to see <br />it turned into an urban neighborhood with larger houses on smaller lots. She believes <br />that this development will increase traffic in a negative way. <br /> <br />The bill was given its second reading. <br />The bill was given its third reading. <br /> <br />Mr. Ollendorff said that the proposal is one that the staff has reviewed and it meets the <br />requirements of the City ordinance. As such, they can find no grounds for the Council <br />to deny it. The Council does not have discretion to require more than a five foot side <br />yard. It is very specific - you can not require more than that. Similarly the lot size - the <br />Council may desire a larger lot size, but they have no discretion to require that. In this <br />case, the plat calls for three lots that are averaged 20% larger than what is required by <br />the ordinance. One of the neighbors submitted that one of their concerns was higher <br />property taxes. Mr. Ollendorff would submit that this development is good for the <br />neighborhood. Increased property taxes are a good thing, not a bad thing. This has <br />been reviewed by our zoning attorneys and they advise us, again, that they cannot find <br />any grounds for the City Council to exercise any requirement that the developer exceed <br />the requirements of the ordinance. Mr. Ollendorff concludes that this development is <br />not bad for the neighborhood, but good for the neighborhood. <br /> <br />Mr. Wagner stated that he believes that we do have discretion in these matters. Mr. <br />Crowe and Mr. Pratter brought up some interesting points and he believes that we <br />should order a formal legal opinion on this issue. <br /> <br />Mr. Wagner moved to table this issue until a legal opinion could be prepared and <br />reviewed. The motion died for a lack of a second. <br /> <br />Responding to Mr. Sharpe, Mr. Ollendorff stated that this was not a boundary <br />adjustment. This is a resubdivision and it takes precedence over boundary adjustments. <br /> <br />Mr. Schoomer stated that this was really a very simple matter. Do we subdivide or do <br />we not? He is interested in Mr. Pratter's comments; however, and thinks they may need <br />to be reviewed more thoroughly. Mr. Lieberman agreed and requested that the City <br />Manager conduct a thorough review of the SR district, <br /> <br />Mr. Schoomer moved adoption. Mr. Lieberman seconded the motion. The roll call vote <br />was as follows: AYES: Mr. Lieberman, Mr. Schoomer, Mr. Sharpe, and Mayor Adams. <br />NAYS: Mr. Wagner. Bill number 8569 passed four to one and became Ordinance 6343. <br /> <br />BILLS FOR INTRODUCTION: <br /> <br />1. An emergency bill was introduced by Mr. Schoomer, entitled: <br /> <br /> <br />