Loading...
HomeMy WebLinkAbout2004-09-01 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL September 1, 2004 OPEN FORUM – 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney No one spoke during Open Forum. REGULAR MEETING - CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, September 1, 2004, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Regular Meeting – September 1, 2004 Cottage Grove City Council Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney ADOPTION OF AGENDA Mayor Shiely stated that there is a change in the agenda. She stated that Item 8D, the Cottage Grove VFW Post 8752 Alcohol Compliance Check, is moved to Item 8A and Item 8A, Set Date for Truth in Taxation is moved to Item 8D. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS NONE B. APPOINTMENTS NONE APPROVAL OF MINUTES NONE CONSENT CALENDAR th Council Member Wolcott pulled Item 4K, a Resolution requesting a speed study along 80 Street, between Highway 61 and Kimbro Avenue. He asked what prompted the request. City Administrator Schroeder stated that he has received several calls from residents th expressing concerns regarding the speed limit along 80 Street. He stated that Staff thought this would be an appropriate action to help determine the appropriate speed limits. Council Member Wolcott asked if they are considering an increase or decrease in speed. City Administrator Schroeder stated that currently the speed limit is too fast in the school zone area and not fast enough past Jamaica. He reviewed the areas with Council stating that the speed study would be done to help determine if the current speed limits are appropriate. Council Member Wolcott expressed concerns stating that the study could cause more problems. He noted that he has not been contacted by anyone regarding this area and suggested having the Public Safety Commission and the Public Works Department review the request before initiating a study. Regular Meeting – September 1, 2004 Cottage Grove City Council Public Works Director Burshten apologized to Council noting that it was his understanding that this issue had been discussed at a recent workshop session. He assured Council that he would review the area and further clarify the request for a speed study. MOTION BY WOLCOTT, SECONDED BY RICE, TO REMOVE FROM THE AGENDA ITEM 4K, A RESOLUTION REQUESTING A SPEED STUDY BY THE MINNESOTA TH DEPARTMENT OF TRANSPORTATION FOR 80 STREET BETWEEN HIGHWAY 61 AND KIMBRO AVENUE UNTIL FURTHER REVIEW BY THE PUBLIC SAFETY COMMISSION AND THE PUBLIC WORKS DEPARTMENT. MOTION CARRIED 5-0. Mayor Shiely pulled Item 4H, an update on the Red Rock Corridor. She stated that an Open House would be held on September 8, 2004 from 4:30 p.m. to 7:30 p.m. to provide the public with an update on the Red Rock Corridor and Commuter Rail system from Hastings to Minneapolis. She stated that there would be two presentations, one at 5:00 p.m. and one at 6:30 p.m. She provided the Council with a brief overview noting that the meeting should be quite informative. She encouraged the Public to attend stating that they are seeking feedback from the public. MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. ECONOMIC DEVELOPMENT AUTHORITY OF JUNE 8, 2004 AND JULY 13, 2004. ii. PUBLIC WORKS COMMISSION OF JUNE 14, 2004. iii. PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION OF JUNE 15, 2004 AND JULY 20, 2004. iv. PLANNING COMMISSION OF JULY 26. 2004. B. ADOPT RESOLUTION NO. 04-131 SUPPORTING THE INCORPORATION OF THE BOUNDARIES OF DENMARK TOWNSHIP. C. AUTHORIZE AN EXEMPTION FROM COTTAGE GROVE CITY CODE 5-3-3 AND 5- 3-6 REGARDING THE DISCHARGE OF FIREARMS TO MR. JACOB JORDAN. D. ADOPT RESOLUTION NO. 04-132 ADOPTING 2004 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE (REPEALS RESOLUTION NO. 04-121). E. ADOPT RESOLUTION NO. 04-133 GRANTING A VARIANCE FROM TITLES 11-3- 3C AND 11-3-3E (3), ACCESSORY STRUCTURE SETBACKS, TO ALLOW CONSTRUCTION OF A GARAGE IN FRONT OF THE PRINCIPAL STRUCTURE AT 11860 LOFTON AVENUE SOUTH. F. ADOPT RESOLUTION NO. 04-134 GRANTING A VARIANCE FROM TITLE 11-9E- 5A, DEVELOPMENT STANDARDS IN THE R-4 ZONING DISTRICT, TO ALLOW A PORCH TO ENCROACH 8 FEET INTO THE REQUIRED 30-FOOT FRONT YARD SETBACK AT 7188 JENNER ALCOVE SOUTH. G. ADOPT RESOLUTION NO. 04-135 GRANTING A VARIANCE FROM TITLE 11-3-4D, VISIBILITY, TO ALLOW A GARAGE ADDITION TO BE CONSTRUCTED 10 FEET Regular Meeting – September 1, 2004 Cottage Grove City Council FROM THE SIDE PROPERTY LINE ON A CORNER LOT WHEN 30 FEET IS REQUIRED AT 8614 HYDE AVENUE SOUTH. H. RECEIVE UPDATE ON RED ROCK CORRIDOR. I. APPROVE ISSUANCE OF A TEMPORARY ARCHERY HUNTING PERMIT TO TH ROBERT JUCKEL OF 8451 110 STREET TO ALLOW ARCHERY HUNTING ON HIS PROPERTY FOR THE 2004 ARCHERY SEASON FROM SEPTEMBER 18, 2004 THROUGH DECEMBER 31, 2004. J. ADOPT RESOLUTION NO. 04-136 APPROVING JOINT POWERS AGREEMENT BETWEEN CITY OF COTTAGE GROVE AND SCHOOL DISTRICT #833. MOTION CARRIED 5-0. Mayor Shiely noted that the above items have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARINGS A. Conduct a Public Hearing and Consider Adopting a Resolution giving Approval for a Commercial Facilities Project by Human Services, Inc. City Administrator Schroeder stated that Human Services, Inc. (HSI) has requested that the City authorize an application for revenue bond financing in order to assist them in the acquisition and rehabilitation of property located in Cottage Grove. He explained that in order to provide this opportunity the City is required to hold a public hearing. Schroeder provided the Council with a brief background noting that the current local office is located at the Cottage Square Shopping Center. He explained that due to the redevelopment in this area the agency is actively seeking a new office location. The funding mechanism would assist in their transition to new quarters ahead of the Cottage Square redevelopment. He stated that the City has utilized this process for similar ventures in the past. Staff is recommending that City Council adopt this resolution to allow HSI to gain the financing required. City Administrator Schroeder assured the Council that this bond request has nothing to do with the City of Cottage Grove or the taxpayers. He clarified that approval of the resolution is making the statement that this would be an appropriate use of financing. Mayor Shiely opened the Public Hearing at 7:43 p.m. Robert Butler, Chief Executive Officer, Human Services, Inc. (HSI) provided the Council with a brief overview and history. He stated that HSI has been in their current location at Cottage Square for over a decade and would like to continue providing services to the City of Cottage Grove. Butler stated that they have a long-range plan to provide services along with Washington County. Due to the planned redevelopment of the Cottage Square Shopping Mall, HIS has been looking for a new location noting that they have found a location on Point Douglas Road. He reviewed the location with Council noting that their intent is to move into Regular Meeting – September 1, 2004 Cottage Grove City Council this location until they are able to build a larger site, in collaboration with the County. He stated that they would continue to provide all of the same services at the new site and reviewed with Council. He stated that they are a service agency that services all of Washington County and they truly appreciate being located in the City of Cottage Grove. He stated that it is their hope to remain in Cottage Grove. Mayor Shiely closed the Public Hearing at 7:47 p.m. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 04-137 RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.154 AND PREPARATION OF NECESSARY DOCUMENTS (HUMAN SERVICES, INC. PROJECT). MOTION CARRIED 5-0. BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Give Representative from Cottage Grove VFW Post 8752 an Opportunity to Admit To or Deny the Allegation that their Business Failed the Alcohol Compliance Check on May 12, 2004. Item Tabled from the July 7, 2004 City Council Meeting. Bob Thompson, Commander of the Cottage Grove VFW, stated that during the compliance check neither he nor the Bar Manager were present. He explained that the bartender th involved was supposed to go on trial on August 26. Thompson stated that the bartender has pleaded not guilty and the trial has now been moved to November 11, 2004. He noted that he has the right to deny the allegation or request an extension. He stated that the bartender denies selling the beer and has six or seven witnesses that are willing to testify. He asked the Council for an extension until the trial is completed. City Attorney Thomson stated that this is a matter within Council’s discretion and Council could proceed with the civil motion of the ordinance. She explained that they are not tied together and it is up to Council as to whether they want to wait or move forward with the enforcement of the City’s license procedures. She explained that if the Council decides not to grant any further extensions it would be presumed that what would happen is a denial and at that point it would go to a contested proceeding, which would incur additional costs. She further explained that this would not be a hearing before the Council; it would be referred to an independent administrative hearing examiner for determination. She stated that the examiner would make a recommendation to Council and Council would then take action on that recommendation with respect to a penalty. Council Member Wolcott stated that he is willing to wait versus the possibility of the City incurring any additional costs. He asked if the VFW has had any violations in the last two Regular Meeting – September 1, 2004 Cottage Grove City Council years. Public Safety Director Mickelson confirmed that they have noting most businesses in the area have incurred a violation at some point. Council Member Wolcott noted that the VFW is a “members only” veterans club and asked how they were able to gain access for the compliance check. Public Safety Director Mickelson explained the VFW has a buzzer and sign in process to verify membership. He noted that in this particular case the individual was not a member and did not sign the book. He noted that they did not pursue this issue. Mayor Shiely expressed concerns stating that she is not sure this should be tied to a criminal proceeding. She noted that the only advantage to delay action is the potential costs of a hearing. She stated that it is her understanding that the VFW is denying the allegation. Mr. Thompson confirmed that they are denying the allegation. City Attorney Thomson clarified that the only way Council would realize a cost savings is if at the conclusion of the trial the defendant is found guilty by a jury and presumably the liquor license holder could say it is not worth their time to contest. She stated that if found guilty they would then admit the violation, then there would be a cost savings adding that it is still in their right to continue to contest their guilt. She confirmed that these are independent proceedings and are not tied together. MOTION BY WOLCOTT, SECONDED BY RICE, TO TABLE AND MOVE THE HEARING TO THE SECOND MEETING IN NOVEMBER 2004. MOTION CARRIED 5-0. B. Set Date for the 2004/Payable 2005 Truth in Taxation Hearing Finance Director Ron Hedberg stated that as part of the Truth in Taxation process the City of Cottage Grove is required to pick a date to hold the hearing and notify Washington County so they can prepare the Truth in Taxation notices that will be mailed to property owners this fall. He explained that the selection process for the cities is that school districts get first choice for their dates and that certain dates are reserved for the County and then other taxing jurisdictions. He reviewed the considerations for setting the date with Council noting that the final levy must be adopted prior to December 27, 2004 and that the final levy may not be adopted at the initial Truth in Taxation hearing but it may be adopted during a Regular Council meeting date. He reviewed the dates available with Council. MOTION BY RICE, SECONDED BY GROSSKLAUS, TO SCHEDULE THE TRUTH IN TAXATION HEARING FOR DECEMBER 6, 2004 AND DECEMBER 13, 2004 AS THE CONTINUATION HEARING, IF NECESSARY. MOTION CARRIED 5-0. C. Consider Adopting Resolutions Adopting the Proposed 2005 Budget and the Proposed 2004 Tax Levy collectible in 2005 for the City of Cottage Grove. Finance Director Hedberg stated that the City is required to adopt a preliminary levy each th year by September 15. He stated that the original budget calendar included a plan to adopt the preliminary levy at the Regular Council meeting on September 1, 2004. He explained Regular Meeting – September 1, 2004 Cottage Grove City Council that the levy would be used by Washington County to prepare the notices of estimated property taxes that are mailed to the property owners. He further explained that the th preliminary levy may not be increased but can be reduced prior to December 28 when the final levy is required to be adopted. He provided the Council with an overview of the 2005 budget allocations; Preliminary Levy items; Tax Capacity and Preliminary 2005 Taxable Market Values; Tax Extension Rates; Residential Property Taxes Paid; and Tax Dollars Paid, Differing Values. He stated the action requested is to adopt the proposed budget, accept preliminary property tax levy and set date for taxation hearing Council Member Wolcott asked if the figures for the market values are solid. Finance Director Hedberg explained that the numbers from the County are preliminary adding that they do not expect the figures to change dramatically. Finance Director Hedberg noted that the dollar figure in the resolution is incorrect. He stated that the dollar amount should be $22,225,616.00 on the revenue side. Mayor Shiely acknowledged that Staff and Council have worked very hard on the budget process and commended Council and Staff for all of the work they have done to pull the budget together. MOTION BY KOHLS, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 04- 138 ADOPTING A PROPOSED 2005 BUDGET FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. MOTION BY SHIELY, SECONDED BY WOLCOTT TO ADOPT RESOLUTION NO. 04-139 ADOPTING THE 2004 TAX LEVY COLLECTIBLE IN 2005. MOTION CARRIED 5-0. D. Consider Approving a Preliminary Plat for Pinecroft, to be developed by U.S. Home Corporation, which will consist of 61 Lots for Single Family Homes and 2 Outlots to be th located on the Northwest Corner of 65 Street and Ideal Avenue South. Community Development Director Blin stated that U.S. Homes Corporation has filed a preliminary plat application to develop 30 acres of land consisting of 61 single-family lots. He reviewed the location of the development with Council noting that the location is on the west side of Hinton. He stated that the developer also owns land on the east side of Hinton Avenue and initially proposed platting both sides. He explained that due to problems encountered with the utilities it was decided to focus only on the west side. He noted that this is the last site in the West Draw to be developed and would complete the West Draw redevelopment. He stated that the 30-acre parcel would probably be developed in two phases and reviewed each phase with Council. He reviewed the access points with Council. He noted that the roadways that run through the development have two stub points and reviewed with Council. He stated that Woodbury is not, at any point, looking for an access point into the development. He stated that the sanitary services would have to be extended across the Kemp property and reviewed with Council. He stated that the developer has been in conversation with the Kemps and that they are working out an easement agreement that would extend across their property to service the site. Regular Meeting – September 1, 2004 Cottage Grove City Council Community Development Director Blin stated that on August 23, 2004 the Planning Commission unanimously recommended approval of the preliminary plat application. He noted that at the public hearing three residents expressed concerns. He reviewed the resident concerns with Council. He stated that the Planning Commission’s approval was subject to conditions listed in the Planning Staff Report and provided the Council with an overview of the conditions as outlined in the report. He reviewed the locations of the neighborhood parks with Council. He referenced a concern regarding traffic volume along th 65 stating that it is designated as a collector street on the Comprehensive Plan. He stated that as a part of the East Ravine Study numbers would be provided from a traffic study that th would provide information regarding the level of traffic along 65. He reviewed the ponds located on the site noting that in the future as the area develops they show to be extended in order to create larger ponding basins. He stated that Residents were concerned about the safety of the ponds and asked what would be done to protect the areas. He explained that the City has never fenced the ponds and reviewed with Council. Mayor Shiely asked if school across the street has a pond and if it is fenced. Community Development Director Blin confirmed that there is a pond and that it is not fenced. Community Development Director Blin reviewed the tree removal with Council stating that they are interested in preserving as many trees as possible but in order to do the grading and place the ponds they would have to remove a number of trees. Mayor Shiely expressed concerns stating that she is not comfortable discussing the park situation without reviewing Exhibit A and what would go in on the east side. Mayor Shiely asked if all of the lots shown have an 85 foot width and the density overall fits into R-2.5 designation. Community Development Director Blin confirmed and reviewed with the Council. He stated that they also require an extra 25 feet for lot depth to provide buffering. He stated that there is a landscaping plan that has edge treatment along this area and that in lieu of berms there would be extensive landscaping along both the east and south sides. Council Member Kohls asked if they would utilize an Arborist to manage the tree removal for the City. She asked if there would be any penalties if they remove any trees that should have remained. Community Development Director Blin stated that there would be a financial penalty noting that the dollar amount has not been determined yet. Council Member Kohls asked if the size of the pond would be adequate for all of the homes or would there be a delay for the east side. Community Development Director Blin stated that the ponds would be sized to accommodate both sides of Hinton. Jay Liberacki, US Homes, clarified that the ponds are sized to accommodate the storm drainage for 60 lots adding that the ponds would have to be resized or include additional ponding upstream to accommodate the east side of Hinton. City Engineer Levitt agreed stating that the lots on the west side currently meet the water quality requirements. She Regular Meeting – September 1, 2004 Cottage Grove City Council stated that the lots on the east side would not be going through Outlots D and C. She stated that the drainage would be going from Outlot A to the Kemps’ regional pond. Council Member Kohls stated that the property to the west is presently zoned as agriculture and asked if it is in the Ag reserve. Mr. Liberacki stated that he does not believe that it is. Council Member Kohls asked for clarification of the drawing for the development of the Kemp and Young properties. Mr. Liberacki explained that the sketch is an example of how the properties could be developed and reviewed with Council. He referenced the proposed easement on the Kemp property stating that should the Kemp property develop in another manner, the easement would have to be moved at the cost of the developer. Council Member Kohls expressed concerns that the potential dependence upon property that is not part of a development to accommodate utility and stormwater could begin to put undue pressure on the residents to sell their properties. She asked if any of the property owners, Kemp, Young or Dahlin, have voiced concerns. Community Development Director Blin stated that the Dahlins were present at the Planning Commission. He stated that they expressed concerns regarding the tree preservation and securing their property from trespassing. He further stated that they did not express any concerns regarding undue pressure from the development. Mayor Shiely referenced the Newland property in the West Draw, noting that the property is zoned R2.5. She asked how many homes were being considered for development on this property. Community Development Director Blin stated that they are proposing 184 lots. He noted that he is not sure if this number includes rural lots. He provided the Council with an overview of the proposed layout for the property. Mayor Shiely expressed concerns stated that the current exhibit is uncreative and the layout is under-whelming. She stated that it is extremely important that Orrin Thompson Homes is not included on the monument. Council Member Rice agreed stating that there is a vast difference as far as the look of the layout noting that there is no access to any of the neighborhood parks. He stated that he not impressed with the current proposal. Council Member Grossklaus agreed. He referenced the sidewalk along the west side of Hinton noting that it is a dead-end sidewalk with no connections to anything in the area. He th expressed concerns that the sidewalk does not connect at 65 or go to the new schools and would end up being maintained by City. He stated that he does not see any amenities for the owners of the properties adding that it was not planned well. Council Member Kohls expressed concerns stating that the proposal before them only includes the 61 home homes on the west side of Hinton. She stated that she couldn’t help but include consideration for development of the east side. She stated that she is very uncomfortable with the current proposal noting the lack of amenities, safety consideration for Regular Meeting – September 1, 2004 Cottage Grove City Council the children and proper sidewalks as issues that require further consideration. She stated that she would vote No on the current proposal. Mayor Shiely agreed that both sides of Hinton should be considered. She stated that she is not comfortable with the park dedication fees and stated that she too would also vote no on the current proposal. Council Member Wolcott stated that he would like to see the covenant extended to include more specific guidelines regarding fencing. Mayor Shiely called a 5-minute break at 8:53 p.m. Mayor Shiely called the meeting back to order at 9:03 p.m. Jay Liberacki, US Homes, provided the Council with an overview of the proposed development. He noted that in terms of previous discussions with the adjacent homeowners, he did try to contact the Dahlin’s and that the Kemps’ are knowledgeable of the easement. Liberacki provided the Council with an overview of the area noting that the County has provided two points of access. He stated that they did not have any options with respect to land use or street scenarios. He explained that they were given the concept of regional ponding and discussed providing the first two cells. Liberacki stated that it was his understanding that the City Consultants discussed a regional pond to be located in the areas designated for future expansion. He stated that there is a wetland located on the site that would remain adding that both interim ponding and future ponding would have to respect or mitigate with the area. Mayor Shiely asked what would happen if the land to the west is never developed. Mr. Liberacki stated that the City would then have to rethink the ponding scenarios. City Engineer Levitt explained that everything on the west side is meeting the quality water aspects. She explained that the City would be able to maintain the drainage as shown even if the property to the west does not develop. Mr. Liberacki stated that the ridge of bedrock that runs through the area and explained that the curb-cut occurs on the ridge and affects the intersections is driving part of the proposed development. He reviewed the lot elevations with Council. He stated that they did discuss park areas with Staff noting that it was decided by Staff that neither area would include park land. He stated that they are willing to work with Staff to design a park area and assured Council that they are not opposed to park areas. Liberacki referenced the concerns regarding creativity and explained that given the constraints with the access points and the regional ponding issues they were very limited to the type of roads that could be built. He stated that the plan includes entry monuments. He stated that they have limited opportunities for berms and would rely on landscape plantings with an emphasis on heavy shrubs and an inter-mix of tree types that would provide a good buffer for the area. He stated that the community would be similar to the home styles in Pine Summit. Phasing would be an approximate four to five-year build out and this project would be done in two phases. He explained that the first phase of construction would begin next spring if approved. Regular Meeting – September 1, 2004 Cottage Grove City Council Mayor Shiely stated that she is unable to separate the two developments noting that her real concern is the east side of Hinton. She stated that she would not approve what she is seeing for the east side of Hinton and expressed concerns that what they decide tonight could affect the east side. Council Member Wolcott stated that he wants to be sure that the covenants include some form of standard and regulation for fence type and height. He referenced the western edge of the parkway and asked if they have enough right-of-way identified along that area. Community Development Director Blin stated that currently they do not have enough. He indicated that Staff has discussed obtaining more right-of-way area with the developer. Council Member Grossklaus asked where the sidewalk hooks up on Hinton. Community Development Director Blin stated that currently the sidewalk is not connecting to anything. th He stated that they envision extending the sidewalk further south and that as 65 Street gets reconstructed into an urban section there would be potential for a sidewalk on one side and a trail on the other. Council Member Grossklaus expressed concerns that the current signs are not in compliance with the ordinance. He stated that ordinance requirements have been discussed with Orrin Thompson and asked why they were not in compliance. Mr. Liberacki stated that he would talk to the marketing staff noting that it is his understanding the Cottage Grove does not allow marketing signs. Mayor Shiely asked if they are under any time constraints for the east side and would Staff have time to go back and work with US Homes on the west side. Community Development Director Blin stated that they are not under any time constraints and agreed that there is time for Staff to work with US Homes. Mr. Liberacki restated that their expectation is that there is no tie between the east and west side developments. He stated that he has worked with Staff for three months on the regional basin. He stated that he would like to work on this through the winter and by April of next year they could have a preliminary plat proposal for the east side. City Administrator Schroeder stated that the East Ravine Study should be completed by the first quarter of 2005 noting that they have added both parks in the East Ravine, based on Mr. Liberacki’s request. He stated that they could review this area with the same design parameters as the East Ravine study. Council Member Kohls asked if US Homes would be willing to work with Staff to address some of the concerns noted by Council. She suggested including the east side and more enhancements for the community. Council Member Wolcott stated that he would like the plantings and landscaping tied to the resolution. He stated that he would like an opportunity to review the covenants adding that Regular Meeting – September 1, 2004 Cottage Grove City Council he would like the fencing standards clearly outlined in the covenant so that the potential homebuyers know exactly what is expected. City Attorney Thomson clarified stating that the legal standard is that if the plat meets all of the conditions and requirements of the City’s ordinances, the City is then legally obligated to approve the plat. If Council were to consider denial it would have to be based on the failure to meet the City’s subdivision ordinances. She further explained that if it were not a separate tract of record it would then be required to be brought forward as one. If they are separate they would have to bring each forward, independent of each other. She assured Council that if they should take action on the west side it would have no affect on any Council decision for the east side. Community Development Director Blin acknowledged Council’s discomfort for both the west and east side. He suggested reviewing and revising the proposal in a sketch format for the east side to clarify the park dedication from both sides. Mayor Shiely stated that she does not feel the west side needs a park as much as the east side. Community Development Director Blin suggested an indefinite continuance adding that Staff would meet with US Homes to address Council’s concerns. He stated that when Staff and US Homes believe it is in presentable format they would then come back to Council for further consideration. Mr. Liberacki stated that they would be in agreement with a continuance. Council Member Rice agreed noting that he would not object to the flexibility of a PUD. Council Member Wolcott agreed stating that it would provide more flexibility. Community Development Director Blin suggested a one month extension. Mr. Liberacki agreed to one month extension noting that the stumbling block would be the storm drainage issues. He indicated that they were told by City Staff and the Consultants to back off from the drainage ponds in their plans due to the regional ponding proposal. MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE A CONTINUANCE AND EXTENSTION FOR ONE MONTH TO THE FIRST WEEK IN OCTOBER 2004. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS NONE PAY BILLS Regular Meeting – September 1, 2004 Cottage Grove City Council MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 135993 THROUGH 136398 TOTALING $1,893,679.64. (CHECKS 135993 – 136047 IN THE AMOUNT OF $280,126.53 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. WORKSHOP SESSION – OPEN NONE WORKSHOP SESSION – CLOSED NONE ADJOURNMENT MOTION BY KOHLS, SECONDED BY RICE, TO ADJOURN THE MEETING AT 9:55 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.