HomeMy WebLinkAbout2013-01-16 MINUTES (SPECIAL MEETING)
COTTAGE GROVE CITY COUNCIL
City of Cottage Grove, Minnesota
Special Meeting
January 16, 2013
CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a special
meeting on January 16, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway,
Cottage Grove. Mayor Bailey called the meeting to order at 6:30 p.m.
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.
The following were absent: None.
Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Corrine
Heine, City Attorney-Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public
Safety Director; and John McCool, Senior Planner.
Mayor Bailey presided over the meeting.
Mayor Bailey stated that the purpose of the Special Meeting was to discuss the Pinecliff
Homeowners Association for property located north of 65 Street along Hinton Avenue. He
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noted that the Council received information including data from the Bialucha’s and
Shannon’s and he received an email responding to some of the things the City Attorney has
suggested to the City.
Senior Planner McCool introduced Donald and Bonnie Bialucha as well as Mr. John
Anderson, a builder who 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 5 Addition
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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.
Cottage Grove City Council 2
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 5 Addition, by removing condition number 14. That condition required that the
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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 3
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