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Mr. Pcterson stated he is aware of that through discussion with City staff and understands there is <br />work to do in the area of trails. He commented on the location of an island in the wetland area <br />and stated they will work with staff to see what can creatively be done with those areas. He <br />stated hc understands the trail system is an integral part of the area and will be of value to buyers. <br /> <br />(louncihncmber Strommcn asked staff to address density transitioning. <br /> <br />Motion by Councilmember Jeffrey, seconded by Councilmember Strommen, that the Council not <br />give Iinal approval of the preliminary plat unless the subject property gets a certificate of <br />complelion fi'om the MPCA. <br /> <br />l':urthcr discussion: Assistant Public Works Director Olson advised that a significant amount of <br />work is needed to get the certificate of completion and Mr. Peterson indicated he would get it <br />done bel'ore selling the lots. Councilmember Strommen stated the City needs some assurances <br />bel'ore people move in. Mr. Peterson explained that typically the preliminary plat would be <br />approved and then no work would start until the plat is finished. Once the preliminary plat is <br />approved they will start the cleanup operation and will have a plan from the MPCA on what <br />needs to be done and will comply with that so they get the certificate of completion. He stated <br />that grading would also have to be completed to get the certificate of completion. City Attorney <br />Goodrich explained that preliminary plat approval is where the action is taken and if the final plat <br />complies with the preliminary plat, the City has very little leverage at that point. Mr. Peterson <br />stated they need preliminary plat approval before they can do any work. Then a development <br />contract is entered into and that contract contains a list of things he will need to do. Attorney <br />Goodrich stated he understands that process but once preliminary plat approval is granted the <br />City has very little leverage. Mr. Peterson asked if he can start construction prior to preliminary <br />plat approval. Mr. Goodrich stated he can start development if he wants to take the risk of <br />getting thc certificate of completion. Councilmember Strommen stated a preliminary plat can be <br />approved and clean up of the site started, however, if the certificate of completion is not issued <br />by thc MPCA, then the approval of the preliminary plat would not be valid. If the certificate is <br />received, then the final plat will move forward. Community Development Director Trudgeon <br />asked if this isstte is better considered at the time of the preliminary plat. Mayor Gamec stated it <br />is thc intent that will occur. <br /> <br />Councilmclnber Jeffi'ey withdrew the motion on the floor since it will be considered at the <br />preliminary plat stage. <br /> <br />C, omm unity Development Director Trudgeon stated there will be another public hearing when the <br />preliminary plat is considered and notice will be sent to property owners within 700 feet of the <br />.~ubject site. <br /> <br />Case #5: <br /> <br />Request for Comprehensive Plan Amendment for the Proposed Plat of <br />Brookficid Addition; Case of Oakwood Land Development <br /> <br />Community Development Director Trudgeon advised that Cases #5 and #6 are related. He <br />explained that Oakwood Land Development has submitted an application for an amendment of <br /> <br />City Council / March 22, 2005 <br /> Page 23 of 38 <br /> <br /> <br />