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City Council Minutes August 16, 2004 Page 17 MAYOR - $10,000 PER YEAR ACTING MAYOR - $7,500 PER YEAR REMAINING COUNCILMEMBERS - $7,000 PER YEAR MOTION CARRIED 5-0. Other Business Windsor Oak Hill Issue Councilmember Tveite indicated that he received information from a citizen that a condition requiring a 20-foot side yard setback that was in the preliminary plat for X,Vindsor Oak Hill was not carried forward to the f-mai plat. He stated that because of this, the house foundation is meeting only the minimum 5-foot side yard setback requirement. Councilmember Tveite stated that he did some research and spoke to the builder and the builder agreed to move the foundation as long as the city pays for it, which would be quite costly. Director of Planning Michele McPherson stated that it was an oversight by staff that the condition was left out of the final plat. City Attorney Peter Beck stated that the condition was not a condition of final plat approval; therefore, the condition is not there and cannot be enforced. Mr. Beck noted that the city is currendy in litigation with the adjoining neighbor of this property and so he suggested that staff contact the attorney handling that case. Ms. McPherson stated that she spoke to the League of Minnesota Cities Attorney about this issue. Mr. Beck suggested that the city wait for the attorney's advice before addressing this issue. Ms. McPherson indicated that she will forward that information to the Council when she receives it. Staff Updates Director of Planning Michele McPherson distributed revised concept plans for the Holzem property. She stated that the developers have requested to meet with staff and asked the Council to review the plans and nodfy staff of any comments that they will in turn pass on to the developer. Ms. McPherson distributed the most current copy of the River Park site plan. She stated that the Planning Commission recommended denial of this plat due to their concern regarding traffic impacts. She stated that the developer requested this item be postponed to the September 20, 2004 Council meeting. Ms. McPherson stated that she has no indication of how the developer will proceed. She stated that staff is asking for general Council feedback and direction to be passed on to the developer prior to the September 20 Council meeting. Councilmember Kuester questioned what the thoughts of the Planning Commissioners were in regards to the design of the plat. Ms. McPherson stated that the Planning Commission did not comment too much on the plat design, but rather on transportation issues.