The URL can be used to link to this page

Home My WebLink About2013-03-20 PACKET 03.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/20/2013 , � PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD ****************************************�******* COUNCIL ACTION REQUEST City Council Meeting Minutes Approval—January 16, 2013 Special Meeting. � C_ •1111_1�� •► Approve Draft Minutes. SUPPORTING DOCUMENTS ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft Minutes. ADMINISTRATORS COMMENTS ; , �� " ° � City Administrator Date ****************�***********************�******* COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER V:\nbelscamper\TemplateslCity CouncilWction Form.doc _ +�� a �� ri�� $t�� CALL TO ORDER COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Special Meeting January 16, 2013 The City Council of the City of Cottage Grove, Washi meeting on January 16, 2013 at the Cottage Grove Cottage Grove. Mayor Bailey called the meetingto,,c ROLL CALL The following were present: Mayor Myron Bai Member Justin Olsen, Council Member Jen P� The following were absent: None. Also present were: Ryan Schroeder, City;A,dm Heine, City Attorney-Kenriedy�&, Graven;`Jenn Safety Director; andfJahn�McCool,,Senior PJa� ,, �E . ..�'::S Mayor Bailey presided ove� the meeting. i;Coi��nty, Minnesota, held a special =1ail;'�12800 Ravine Parkway, at 6:30.:.a.m. ncil Member Derri and.Council Mem r; Ca E hrke, Council ��ve Thiede. nsky, City Clerk; Corrine ;er; Craig Woolery, Public Mayor Bail�y stated�that th'e.purpose ofethe�Special;�/leeting was to discuss the Pinecliff Homeowr�ers Association for property locateda-north of 65th Street along Hinton Avenue. He noted that the Council received infor.mation inclu`ding data from the Bialucha's and Shannon's �nd he received�;an emai� �e�ponding to some of the things the City Attorney has � � ;-:,,_ suggested ��to the City. � �� r;m ;4 � . Senior Planner IVI"c,�o�l introduc��d Donald and Bonnie Bialucha as well as Mr. John Anderson, a builder��ni�io has purchased two lots from the Bialucha's, who were in attendance. , Senior Planner McCool summarized the Bialucha's request that the City amend City Resolution No. 2012-048, a resolution approving the final plat for the Pinecliff 5th Addition by deleting condition number 14 requiring that their property and the property owned by Tom and Cheri Shannon, 6240 Ideal Avenue South, Cottage Grove, not be a part of the Homeowners Association in the Pinecliff neighborhood. The reason that they were making this request to remove the condition from the resolution was that they do not want to be a member of the Homeowners Association for Pinecliff Addition. �Ifi1'' �i� �tl"T�?� ��d_�� 1� I�v�f�� Par�a+� t �ai�� ra�vv�� hA it�n�5�►ta 55�O�f �v�u'.�ot�k��-��a�+€..��'� * �5��.-�5�#-�� +� ��t ��`�.-45�3��9? � �t�t�l (�ppa��#u�tt�ly� Em�l�er Cottage Grove City Council I� January 16, 2012 Special Meeting Senior Planner McCool stated that staff recommends that no action be taken. By taking no action, Lennar/U.S. Homes would still be required to have the lots be a part of the Association. The City does not care whether the property owners pay fees or not. That would be between the property owners and the Homeowners Association. Mayor Bailey stated that if U.S. Homes said that they wanted to change the covenants for the Association, and they went to the County and made that change, would they have to notify the City? McCool responded no, generally we, the City, would not know about it. Mayor Bailey stated that he would have a real problem with that. Mr. Anderson stated that an Association can change their covenants whenever they want because the covenants are not regulated by the City. Mayor Bailey stated that he would be interested in knowing how many times the City has to go within a Homeowners Association neighborhood on a nuisance complaint versus other parts of the community that do not have a Homeowner Association. He stated that he can remember a situation where a resident of the Highland Hills neighborhood asked his Homeowners Association if he could park his boat behind a fence and the Association said no, so the individual came to the City and we told the property owner that he would have to go back to Homeowners Association. Senior Planner McCool stated that the City does not involve itself in the enforcement of private covenants. Mr. Bialucha stated that they never agreed whatsoever to being a member of the Association. Council Member Olsen asked the City Attorney if she concurred with staff's recommendation to take no action. City Attorney Heine stated that at the January 2, 2013 regular meeting, Donald and Bonnie Bialucha, Tom and Cheri Shannon, and Mr. John Anderson requested that the City Council amend Resolution No. 2012-048, a resolution approving the final plat for Pinecliff 5th Addition, by removing condition number 14. That condition required that the existing residential parcels at 6120 and 6240 Ideal Avenues be made a part of the Homeowners Association for the entire Pinecliff neighborhood. The City Council asked her to review the relevant documents and provide legal advice. She stated that in her opinion, the properties are bound by the Development Agreement, and the City is legally entitled to refuse the issuance of building permits unless the properties are included in the planned community. She also stated that the City was within its rights to require that everyone within the development be in the Homeowners Association. Cottage Grove City Council I� January 16, 2012 Special Meeting Following discussion, there was Council consensus to place this matter on the next regular meeting agenda for Council action, if any. The special meeting convened to the regular meeting. Prepared by, Caron M. Stransky City Clerk