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HomeMy WebLinkAbout2013-03-06 PACKET 03.A.� REQUEST OF CITY COUNCIL ACTION , COUNCIL AGENDA MEETING ITEM #� DATE .� 6 2�r=� , � PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD **�**********************************�*�*****�*� COUNCIL ACTION REQUEST December 19, 2012 City Council Meeting Minutes Approval. STAFF RECOMMENDATION Approve Draft Minutes. SUPPORTING DOCUMENTS: ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft Minutes. ADMINISTRATORS COMMENTS i �: - �; :i � '' } � � � City Administrator Date *********************��****�******************�� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H:lnbelscamper\Templates\City CouncilWction Form.doc OPEN FORUM COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Regular Meeting December 19, 2012 Mayor Myron Bailey opened Open Forum at 7:15 p.m. and stated that during Open Forum a person may address the City Council on subjects not a part o�. regular meeting agenda, but must limit their remarks to three (3) minutes per persort T�i`e purpose of Open Forum is to give the public an opportunity to present information o� action by the City CounciL It may not be used to make personal attacks, to �ir p,e�rsonality grievances, to make political endorsements, or for political campaign purpo��s. M�yor Bailey stated that Open Forum will adjourn to the regular meeting at 7:3Q p,m. y �:� The following were present; Mayor Myron Ba11�y;��Council Member Jus����, Isen, Council Member Jen Peterson, and Council Member DaVe Thiede. r �� . , The following were absent: Counci( �Vlember Derrick�Lehrke (late). �.��` Also present were: Ryan Schroeder, C�t��Admir�i; Roland, Finance Director; Corrine Heine�r Att Public Safety Director; and L;�s,Burshten; Public � , _;, Mayor Bailey convened Open For�uprr at 7 15 .:t� � :�.� wished to addressthe����y..,Council;o,n anytop�c:; Bailey closed 0 The City Coun�ik�:i �x. meeting on Dece Mayor Bailey call Foru he City of �er 19, 20 �I��;meeti �OiF1�►�iT nd as Stransky, City Clerk; Robin ly; Graven; Craig Woolery, anyone in the audience on the agenda. There being none, Mayor ge Gr'tive, Washington County, Minnesota, held a regular the Cottage Grove City Hall, 7516 80th Street South. order at 7:30 p.m. The audience, staff, and the Mayor and City Council Members pledged allegiance to the flag of the United States of America. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Derrick Lehrke, Council Member Justin Olsen, Council Member Jen Peterson, and Council Member Dave Thiede. Cottage Grove City Council I n December 19, 2012 Regular Meeting L The following were absent: None. _ Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney-Kennedy & Graven; Craig Woolery, Public Safety Director; and Les Burshten, Public Works Director. Mayor Bailey presided over the meeting. 1. ADOPTION OF AGENDA MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED. 5-0. 2. PRESENTATIONS A. Swear In Ceremony - Police Officer Andrew Bushey City Administrator Schroeder, Mayor Bailey, and Members of the City Council administered the Oath of Office and Andrew Bushey was sworn in as a police officer. City Administrator Schroeder provided background information on Mr. Bushey and Public Safety Director Woolery congratulated him on his achievements. B. Eagle Scout Awards - Evan Coutu and Benjamin Mills. Troop 907 Mayor Bailey and Members of the City Council presented plaques to Evan Coutu and Benjamin Mills of Boy Scout Troop 907 for receiving their Eagle Scout Award. C. Holiday Lights Parks and Recreation Supervisor Pietruszewski presented chain saw carvings to William and Barb Johanson of 8638 Hadley Avenue South, Cottage Grove, and Todd and Lori Nelsen of 9493 Harkness Avenue South, Cottage Grove, for winning the 2012 Holiday Lighting Contest. 3. APPROVAL OF MINUTES A. October 3, 2012 Regular Meeting Mayor Bailey declared the minutes of the October 3, 2012 Regular Meeting to stand approved as presented. 4. CONSENT CALENDAR Cottage Grove City Council I� December 19, 2012 Regular Meeting The Council pulled items C, H, I, and J from the consent calendar for discussion purposes. Council Member Lehrke removed Item C from the consent calendar for a separate action. Item C was to consider approving the purchase of a 2013 Ford Explorer for the Recreation Division of the Department of Parks and Recreation for $26,165.19. He stated that it would be more prudent for the City to buy a used vehicle that is a couple of years old. Council Member Peterson acknowledged the resignation of Lezlie Schriver from the Human Services/Human Rights Commission and declared an opening on the Commission. She thanked Ms. Schriver for her service as a member of the Commission. Council Member Thiede removed item H from the consent calendar for a separate action. Item H was to consider amending the City's fee table for 2013. Finance Director Roland highlighted the proposed amendments to the City's fee table. Council Member Thiede removed item I from the consent calendar for a separate action. Item I was to consider approving City Administrator Ryan Schroeder's salary increases and to adopt a resolution approving the exclusion revocation of PERA enrollment. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, T0: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETING OF AUGUST 8, 2012. ii. PARKS, RECREATON, AND NATURAL RESOURCES COMMISSION MEETING OF SEPTEMBER 10, 2012. iii. ENVIRONMENTAL COMMISSION MEETING OF NOVEMBER 14, 2012. B. AUTHORIZE THE ISSUANCE OF 2013 LIQUOR LICENSES T0: AMERICAN MOTORSPORTS BAR & GRILL, APPLEBEE'S NEIGHBORHOOD GRILL & BAR, BOONDOCK'S BAR & GRILL, CARBONE'S PIZZA OF COTTAGE GROVE, CEDARHURST, COTTAGE GROVE V.F.W., CUB FOODS, DENNIS BROTHERS LIQUOR, G-WILL LIQUOR, LAS MARGARITAS MEXICAN RESTAURANT, MGM WINE & SPIRITS, MISSISSIPPI DUNES GOLF LINKS, RAINBOW FOODS, RIVER OAKS GOLF COURSE, RUBY TUESDAY, SHAMROCK LIQUORS, SUPERAMERICA, AND TOP TEN WINE & SPIRITS. C. REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. D. ADOPT RESOLUTION N0. 2012-137, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $3,046.88 TO HYDROCON, INC., FOR THE LANGLY STORM SEWER IMPROVEMENT PROJECT. Cottage Grove City Council ( /I December 19, 2012 Regular Meeting `�� E. ADOPT RESOLUTION N0. 2012-138, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $27,036.80 TO ENGINEERING & CONSTRUCTION INNOVATIONS, INC., FOR THE THOMPSON GROVE ESTATES STORM SEWER REHABILITATION PROJECT. F. APPROVE THE STANTEC AND S.E.H. 2013 CONSULTANT RATE SCHEDULES FOR MUNICIPAL SERVICES. G. ADOPT RESOLUTION N0. 2012-139, A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO ALLOW A PET BUSINESS INCLUDING RETAIL SALES, DOG DAY CARE, OVERNIGHT PET BOARDING/ KENNELING, AND INDOOR AND OUTDOOR PLAY AREAS AT 8607 WEST POINT DOUGLAS ROAD, COTTAGE GROVE. H. REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. I. REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. J. ACCEPT THE RESIGNATION OF LEZLIE SHRIVER FROM THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION EFFECTIVE IMMEDIATELY. MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY MAYOR BAILEY, TO AUTHORIZE THE PURCHASE OF A 2013 FORD EXPLORER FOR THE RECREATION DIVISION OF THE DEPARATMENT OF PARKS AND RECREATION, FROM MIDWAY FORD FOR $26,165.19 (INCLUDING SALES TAX). FOLLOWING DISCUSSION, MAYOR BAILEY CALLED FOR THE QUESTION. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER THIEDE, TO PASS ORDINANCE N0. 908, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING FEES EFFECTIVE JANUARY 1, 2013 AND TO ADOPT RESOLUTION N0. 2013-140, A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE N0. 908, ESTABLISHING FEES BY TITLE AND SUMMARY. MOTION CARRIED. 4-1 WITH COUNCIL MEMBER LEHRKE VOTING NAY. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO APPROVE A 3% SALARY INCREASE FOR THE CITY ADMINISTRATOR, RYAN SCHROEDER, EFFECTIVE JANUARY 1, 2013. Council Member Lehrke asked staff to put together a summary of the pay and benefits for the top 10 employees of the City. He stated that he would like to make sure that the City Administrator is the highest paid employee of the City and if necessary, he would like to meet with the City Council to discuss this further. Mayor Bailey stated that he would be in favor of a 3% increase effective January 1, 2013. Council Member Lehrke stated that he would not support the main motion. Cottage Grove City Council ( � December 19, 2012 Regular Meeting Council Member Thiede reiterated the main motion. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER OLSEN, TO AMEND THE MAIN MOTION BY APPROVING A 5% SALARY INCREASE FOR THE CITY ADMINISTRATOR, RYAN SCHROEDER, EFFECTIVE JANUARY 1, 2013. MOTION CARRIED. 3-2 WITH COUNCIL MEMBER THIEDE AND COUNCIL MEMBER PETERSON �11��y1►L_�1�I:1'� UPON VOTE BEING TAKEN ON THE MAIN MOTION AS AMENDED, MOTION CARRIED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO ADOPT RESOLUTION N0. 2013-141, A RESOLUTION APPROVING THE EXCLUSION REVOCATION OF PERA ENROLLMENT FOR THE CITYADMINISTRATOR, RYAN SCHROEDER. MOTION CARRIED. 5-0. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS A. Hold Public Hearing on the East Point Douglas Road Improvement Project and Consider Adopting a Resolution Ordering the Project and Preparation of Plans and Specifications. Finance Director Roland stated that the purpose of the public hearing was to consider ordering the East Point Douglas Road Street and Utility Improvement Project (Phase 1), located adjacent to or in front of the Wal-Mart site and currently the site of the Cottage View Drive-In Theater. The total cost for the proposed project is $2.975 million. Finance Director Roland recommended that the City Council adopt the proposed resolution ordering the improvement project and preparation of plans and specifications. Mayor Bailey opened the public hearing to receive comments and/or objections from the public. There being none, Mayor Bailey closed the public hearing. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION N0. 2013-142, A RESOLUTION ORDERING THE EAST POINT DOUGLAS ROAD STREET AND UTILITY IMPROVEMENTS PROJECT (PHASE I) AND PREPARATION OF PLANS AND SPECIFICATIONS. MOTION CAR R I ED. 5-0. 7. BID AWARDS - None. 8. UNFINISHED AND NEW BUSINESS Cottage Grove City Council ( � December 19, 2012 Regular Meeting A. Consider Adopting a Resolution Authorizing Execution of the Development Agreement between Wal-Mart and the Citv of Cottage Grove Finance Director Roland summarized the contents of the Development Contract between the City of Cottage Grove and Wal-Mart noting that the preliminary and final plats for the Cottage Grove Addition were approved by the City Council on September 5, 2012. The Development Contract has been drafted in accordance with the approvals and conditions agreed to during the discussions leading up to the adoption of the final plat. Finance Director Roland stated that the Contract outlines the cost allocations and required securities for the public and private improvements on the site. The attorney for the City and the Developer has reviewed the Contract. Finance Director Roland recommended that the City Council adopt the proposed resolution approving the Development Agreement between the City of Cottage Grove and Wal-Mart, and to authorize the appropriate City officials to execute the Agreement. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION N0. 2012-143, A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND WAL-MART, AND AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO EXECUTEED THE AGREEMENT. MOTION CARRIED. 5-0. B. Receive the Summary Performance Review for City Administrator Schroeder. Mayor Bailey read aloud a summary of the performance evaluation conducted on the City Administrator at a closed session held on December 5, 2012. He stated that the Human Resources Coordinator has received at least 15 different job descriptions that would be shared to the City Council. Mayor Bailey stated that there would be a workshop session, open to the public, on January 16, 2013. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER PETERSON, TO RECEIVE THE SUMMARY PERFORMANCE REVIEW FOR CITY ADMINISTRATOR RYAN SCHROEDER. MOTION CARRIED. 5-0. C. Consider Approving a Development Concept Plan Proposed by DR Horton for a Residential Project on the Wozniak Property Generally Located North of 70tn Street and Approximately One-Third Mile West of Keats Avenue South. Cotta�e G rove. Senior Planner McCool summarized two (2) concept plans that the City of Cottage Grove received from DR Horton and Newland Communities. DR Horton submitted a concept sketch for a residential development in the Upper Ravine Cottage Grove City Council I December 19, 2012 Regular Meeting � area of the East Ravine. The concept sketch proposed the platting of 134 lots for detached single-family homes on approximately 61.5 acres of land. The Newland Communities concept sketch is for a residential development in the Upper Ravine area of the East Ravine. The concept sketch proposes the platting of 92 lots for detached single-family homes on approximately 39.48 acres of land. DR Horton Senior Planner McCool stated that the Planning Commission unanimously (8-to-0 vote) recommends to the City Council approve Concept Sketch "A". DR Horton modified their plan based on the comments suggested by the Planning Commission and has submitted their revised plan as Concept Sketch "C". The Planning Commission has not seen Concept Sketch "C", but staff believes the new plan addresses most of the recommendations made by the Planning Commission. The developer proposes to require a 576 square foot minimum attached garage as compared to the Planning Commission's 440 square foot consideration. The developer agrees to create a 75-foot average buffer width along 70t" Street and the Homeowners Association would be responsible for its maintenance. There are advantages and disadvantages whether this buffer strip should be platted as an outlot or allowed as an easement along the rear lot line of the lots abutting 70t" Street. The lots would generally have about a 170-foot depth with extensive landscaping and an undulating earth-berm that provides privacy in the back yards. The developer does not propose to wrap brick and stone around the front corners of the houses nor provide a consistent low maintenance trim on all four (4) sides of the windows, doors, and the garage door. Newland Communities Senior Planner McCool stated that for the Newland Communities proposal, the Planning Commission unanimously (8-to-0 vote) recommends approval of the Concept Site Plan dated 10/9/12. Newland Communities modified their plan based on the comments suggested by the Planning Commission and has submitted a revised plan as Concept Site Plan dated 12/12/12. The Planning Commission has not seen the new Plan dated 12/12/12, but staff believes the new plan addresses most of the recommendations made by the Planning Commission. The developer proposes to create a slight meandering (40 to 75 feet wide) buffer easement along 70t" Street. The average width of the buffer is 55 feet. The Homeowners Association would be responsible for maintaining the buffer area. There are advantages and disadvantages whether this buffer strip should be platted as an outlot or as an easement along the rear lot line of the lots abutting 70t" Street. These lots have a 170 to 215 foot depth range with extensive landscaping and an undulating earth-berm that provides privacy in Cottage Grove City Council I O December 19, 2012 Regular Meeting � the backyards. The average lot area for the 15 lots abutting 70th Street is 14,155 square feet. Seventy-three percent (73%) of the lots or 67 lots would have a 75-foot wide lot measurement at the building pad setback. Twenty-five (25) lots would have a 65-foot lot width at the building pad setback. The 65- foot wide lots are along the south and west sides of the site. The developer proposes to require their builders to wrap brick and stone around the front corners of the house and to provide a consistent low maintenance trim around windows, doors, and the garage door. Discussion Senior Planner McCool stated that the City Council is being asked to provide direction to the developers with respect to the development standards, architectural guidelines, and general development alternatives listed in the Upper Ravine Development Concepts, Guidelines, and Standards. A resolution accepting the Planning Commission's recommendation was prepared for each concept plan and was included in the agenda packet for Council consideration. If the City Council has specific conditions to recommend to DR Horton or Newland Communities, the Council could instruct staff to incorporate those conditions into the resolution. Conditions 1 through 9 in the draft resolution were recommended by the Planning Commission. The developer modified their plans to accommodate the Planning Commission's recommendations. For purposes of ensuring that the DR Horton and Newland Communities projects develop with the same regulations, staff included conditions 10 through 16 for Council consideration. Mayor Bailey asked the City Council if they had any questions. Mayor Bailey commented that for the DR Horton project, the plan includes a median at the entryway but the Newland Communities concept plan does not. He stated he knows that they were proposing a 40-foot wide green space as an easement for landscaping and berming along the rear lot line of each lot abutting 70th Street. Senior Planner McCool noted that the Newland Communities concept plan proposed a 40-75-foot wide green space (average 55 feet). Mayor Bailey asked staff how they came up with the footage because he would like to see a decent buffer along 70th Street South. He believes that it should be owned by a Homeowners Association, irrigated, and maintained. If we were to average 55 feet along 70th Street, there should be extra square footage to go elsewhere such as for parks or open space. Senior Planner McCool stated that that would be true, particularly for the Newland Communities project. If there was anything greater than the 40 or 55 foot wide green space (average 55 feet), the additional land area would be incorporated into additional park space. The City provided Newland Cottage Grove City Council I n December 19, 2012 Regular Meeting �� Communities with a concept sketch drawing of the park amenities recommended at the north end of the property. The City would have to have discussions with the developer with respect to the public park design. Mayor Bailey asked if the homes along the south side of 70th Street had a buffer. Senior Planner McCool responded that there was no buffer and the rear lot line abuts the right-of-way line on the south side of 70th Street and the fences that the property owners have constructed are near the right-of-way line. The purpose of the buffer strip is for that reason. As part of the Upper Ravine District, the vision was to provide for a buffer for privacy and uniform fence designs. The 75 feet was intended to provide a separation between the rear yards and public roadways, particularly along County arterial roads. Council Member Thiede supported Mayor Bailey's statement. In general, Council Member Thiede stated he was okay with the 55-foot average as long as it was done well. From a consistency standpoint he would like a center median at both entries. As far as the option of going with an outlot or an easement, would one or the other constitute ownership by the Association or could the Association own either type. Senior Planner McCool advised Council Member Thiede that by platting it as an outlot, there is a better definition of who owns the outlot, which would be the Homeowners Association. With an easement, each platted lot would be owned by whoever purchased the lot. The developer is proposing that the Homeowners Association maintain the 40-foot strip even though it is on private property. Council Member Thiede suggested that the covenants between the various neighborhoods be the same. From that standpoint, an outlot would be better. Senior Planner McCool commented that staff can see advantages and disadvantages with going with the outlot versus an easement. Staff has in the past required the platting of the outlot but can see that there may be advantages of allowing the easement as well. Council Member Thiede asked what the advantages would be for the easement. Senior Planner McCool responded that with an easement there would be private ownership of the property itself. For an outlot, if there was no longer a Homeowners Association in 20 years and the Homeowners Association did not pay the property taxes on the outlot and it went tax forfeited, there would be a question of ownership. If the outlots go tax forFeit, the City could end up owning it and maintaining it. As an option, the City could bill all of the property owners within the subdivision plat for the cost of mowing or maintaining the area. If the Cottage Grove City Council I 10 December 19, 2012 Regular Meeting property is a platted easement, there would be multiple ownerships and each property owner would continue owning their part of the easement. Council Member Thiede stated that if the City maintains the outlot, the property owners within the development would be billed the cost to maintain the outlot. Senior Planner McCool stated that that would not be the City's preference. Daren Laberee, Landscape Architect representing the Newland Communities property, spoke regarding the advantages and disadvantages of outlots versus easements. Mayor Bailey asked the City Council if they had any questions for the representatives from DR Horton. There were none. Mayor Bailey asked Senior Planner McCool to refresh his memory on what he needs as it relates to the DR Horton property. He stated that he knows that staff was looking for a recommendation on the 75 feet versus the 55 foot buffer area and if a platted outlot or easement was preferred. Senior Planner McCool stated that on the DR Horton proposal, they average 75 feet. On the Newland project, they average 55 feet. He stated that he feels that there should be consistency on the guidelines or requirements. He recognizes that there is potential for some trade offs for reducing the 75 feet but recommends the park area be enhanced. Mayor Bailey stated that if the 75 foot buffer is reduced to 55 feet, then he was okay with going with an easement versus a platted outlot and adding more park land or open space in the development. Council Member Olsen agreed stating that the 55 foot buffer is acceptable as long as it is consistent between the two projects and additional park space is provided. The center median from a consistency and visual appeal perspective is important and the easement option is something that could be acceptable. Senior Planner McCool pointed out that the center island concept does not exist on the south side of 70th Street. He stated that the action tonight pertains to a development concept plan approval for Newland Communities and DR Horton. Mayor Bailey stated that the he noticed on DR Horton's revised sketch that on the very first road off of 70t" Street, there was a turnaround at the end whereas on the original plan it looked like it was a stubbed road. Cottage Grove City Council I 11 December 19, 2012 Regular Meeting Senior Planner McCool responded that the Planning Commission and City staff had recommended that a temporary turnaround be constructed. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO ADOPT RESOLUTION N0. 2012-144, A RESOLUTION APPROVING A DEVELOPMENT CONCEPT PLAN PROPOSED BY D.R. HORTON FOR A RESIDENTIAL PROJECT ON THE WOZNIAK PROPERTY, ADDING CONDITIONS ALLOWING FOR AN EASEMENT WITH A 55-FOOT AVERAGE BUFFER AND TO PLACE TNE DIFFERENCE BETWEEN THE 55-FOOT AND 75-FOOT EASEMENT IN PARK OR OPEN SPACE. Senior Planner McCool asked whether the Council was going to address the other guidelines such as the architectural guidelines. Council Member Olsen suggested that we stick with the recommendations of the Planning Commission. Based on what he read and in conjunction with what he heard tonight, it sounds like those are reasonable conditions. Mayor Bailey stated that he did notice that there were areas that did not have recommendations. Senior Planner McCool stated that the developer is looking for some direction from the City Council on architectural elements such as stone or brick on the front of the buildings and whether there would be a minimum attached garage size requirement. Council Member Thiede asked if they were in the resolution. Senior Planner McCool responded affirmatively. Mayor Bailey stated that unless we wanted to make changes, the resolution would not be amended. City Administrator Schroeder asked for clarification on the 75-foot/55-foot buffer, stating that he heard that 55 was acceptable with the expectation that it would result in additional park land. He asked if the developer would prefer 75 feet or additional park land. Mayor Bailey stated that he wanted some uniformity along 70th Street so if you have one development with 55-feet then we need to work with the developer to see if there was a way that we could enhance some of the open space or park land. Cottage Grove City Council ( �1 � December 19, 2012 Regular Meeting 1 � Council Member Lehrke stated that he does not want to see within each development some lots with a 55 foot buffer width and others lots with 75 foot buffers. Mayor Bailey stated that DR Horton was proposing a 75-foot buffer and Newland Communities was proposing a 55-foot buffer. His concern would be that we would have one development with a 75-foot buffer and another development directly next to it that would have less buffer space. He stated that if a 75-foot buffer is required, then the back yards would have to be increased. Mr. Laberee stated that they feel that it would be okay to go down to the 55- foot average. Their plan is showing a 40-foot minimum and a 75-foot maximum. As pointed out earlier, every site is a little bit different. They feel that the 40 foot to 75 foot with a 55 foot average is just the same as what you requested for the Preserve at Cottage Grove development. Jamaica Avenue north of 70t" Street would be an urban section street. It would have a 135-foot wide right-of-way with four lanes, turn lanes, and a raised median in the middle. Within the 92 feet of right-of-way, 47 feet is ditch and a path as opposed to the urban section which is 21 feet for a path and open space. What we are seeing is that from 21 feet to 47 feet, there is an extra 25 feet built into the road itself. Mayor Bailey stated he thinks what you are proposing is to stay at the 55 feet. Mr. Laberee indicated that they are proposing a 40 foot minimum, a 75 foot maximum and a 55 foot average. He stated that they are aware that their property abuts a County road. Council Member Lehrke stated that it makes sense to him now. Mr. Laberee asked the Council for consideration to average the 55-foot buffer and not the 75 feet. Council Member Thiede supported the requirement to have a center median at the entry of the DR Horton development. Mayor Bailey asked if there were any additional changes to recommend. Council Member Thiede stated that the resolution for Newland Communities should require a temporary turnaround at the dead-ended street located at the northwest corner of the site. Mayor Bailey stated that the Council can do that with the next motion. Cottage Grove City Council I 13 December 19, 2012 Regular Meeting UPON VOTE, MOTION CARRIED. 5-0. D. Consider Approving a Development Concept Plan Proposed by Newland Communities for a Residential Project on the Property Located North of 70tn Street and Approximately One-Third Mile East of Jamaica Avenue South. Cottage Grove. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER LEHRKE, TO ADOPT RESOLUTION N0. 2012-145, A RESOLUTION APPROVING A DEVELOPMENT CONCEPT PLAN FOR NEWLAND COMMUNITIES FOR A RESIDENTIAL PROJECT ON THE PROPERTY LOCATED NORTH OF 70T" STREET AND APPROXIMATELY ONE-THIRD MILE EAST OF JAMAICA AVENUE SOUTH, COTTAGE GROVE, CONDITIONED ON CHANGING CONDITION N0. 1 SO THAT A TEMPORARY TURNAROUND IS REQUIRED AT THE NORTHWEST INSTEAD OF THE SOUTHEAST DEAD-END STREET; CONSIDER ALLOWING AN EASEMENT VERSUS AN OUTLOT FOR THE BUFFER AREA ALONG 70T" STREET; ALLOW THE 55-FOOT AVERAGE IN LIEU OF 75-FEET; AND INCLUDE A MEDIAN AT THE ENTRANCE WHICH IS ALREADY IN THE RESOLUTION. MOTION CARRIED. 5-0. E. Consider Approving the Ordinance Amendment to City Code Title 8. Chapter 1 Water and Sewer Regulations, which would Allow the Public Works Director to Impose Water Emergency Regulations and Prohibit Outdoor Watering Between Noon and 4:00 p.m. City Engineer Levitt highlighted the proposed ordinance noting that the Minnesota Department of Natural Resources has notified the City that we need to start implementing drought preparedness. She stated that we need to start proactively promoting conservation of water and educate the public on water conservation measures. The ordinance includes an amendment to allow the Public Works Director to impose water emergency regulations and prohibits outdoor watering between Noon and 4:00 p.m. The Environmental Commission reviewed the proposed ordinance and recommends Council approval. The City Council discussed the provision in the proposed ordinance giving the Public Works Director the authority to declare an emergency. MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER OLSEN, TO PASS ORDINANCE N0. 909, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY CODE TITLE 8, CHAPTER 1, SECTION 9 PERTAINING TO WATER AND SEWER REGULATIONS. MOTION BY COUNCIL MEMBER LEHRKE, SECONDED BY COUNCIL MEMBER THIEDE, TO AMEND THE MAIN MOTION TO REQUIRE THE MAYOR, OR HIS DESIGNEE, TO DECLARE A WATER EMERGENCY. Cottage Grove City Council I 14 December 19, 2012 Regular Meeting UPON VOTE BEWG TAKEN ON THE AMENDMENT, MOTION CARRIED. 4-1 WITH COUNCIL MEMBER OLSEN VOTING NAY. UPON VOTE BEING TAKEN ON THE MAIN MOTION AS AMENDED, MOTION CAR R I ED. 5-0. MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADOPT RESOLUTION N0. 2012-146, A RESOLUTION AUTHORIZING THE PUBLICATION OF ORDINANCE N0. 909 BY TITLE AND SUMMARY. MOTION CARRIED. 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS - None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Peterson announced that the next Beyond the Yellow Ribbon meeting is on Tuesday, January 15 and the next Fair for All is on Thursday, January 17 at All Saints Church. She encouraged the community to make sure you clear out the snow around your fire hydrant and to make sure your neighbors do not slip and fall on ice in their driveway and get hurt. Council Member Olsen talked about the tragedy that occurred in Connecticut. He stated that our Public Safety Director took the opportunity to reach out to the School Superintendent and partner with them on some of the security measures that have been in place in District 833. He stated that it is important for all communities to recognize that none of us are 100% safe and asked the Council to take a moment of silence in honor of the fallen. Mayor Bailey stated that the Police are making their presence known at the schools. The Holiday Train raised approximately $112,000 for the Friends-in-Need Food Shelf and Mayor Bailey thanked everyone for their support. With this being the last meeting before the holidays, he wished everyone a Merry Christmas and a prosperous New Year. He stated that the City Council and Staff would be getting together after the meeting to celebrate the holiday season. 11. PAY BILLS MOTION BY COUNCIL MEMBER THIEDE, SECONDED BY COUNCIL MEMBER PETERSON, TO APPROVE PAYMENT OF CHECK NUMBERS 179473 THROUGH 179666 IN THE AMOUNT OF $861,409.32 AND EFT PAYMENT OF $468,444.24 (CHECKS 179473 THROUGH 179495 IN THE AMOUNT OF $157,589.05 AND EFT PAYMENT OF $15,802.23 WERE ISSUED PRIOR TO COUNCIL APPROVAL). MOTION CARRIED. 5-0. 12. WORKSHOP SESSION - OPEN TO PUBLIC - None. Cottage Grove City Council I 15 December 19, 2012 Regular Meeting ADJOURNMENT MOTION BY COUNCIL MEMBER PETERSON, SECONDED BY COUNCIL MEMBER OLSEN, TO ADJOURN THE REGULAR MEETING AT 10:03 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk