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Agreement, that we place a moratorium on the effect of local controls of 1 additional year and that the City meet with Mr. McNulty to discuss what issues keep us from collectively moving forward as effectively as possible. He stated he wants Hillary Farm to be a success and asked Mr. McNulty who he would like to work with, including Mr. Nolan, our new planner. Mr. Watson clarified he intends the moratorium to extend 1 year beyond the date local controls can be modified. Motion by Watson to extend the moratorium on change of official local controls for 1 additional year to August, 2007 from the August, 2006 date they would otherwise expire. Schilling offered a second to the motion. Mr. Bosak questioned the imposition of the cumbersome language of Ordinance No. 43G on Mr. McNulty to which Mr. Watson responded he feels positive dialogue between Mr. McNulty and Mr. Rafferty needs to be restarted and would meet our needs and supported forward movement. Mr. Bosak asked Mr. McNulty ifthe yearwould help and he indicated it would help and that he could work with Mr. Rafferty to work out problems. Mr. Newcome then indicated the Developer's Agreement can be amended to address specific issues at hand. Mayor Emeott indicated the primary problem is our method of measuring building height. Mr. Rasmussen questioned what we gain by not moving forward with the clarification of the new ordinance referencing Mr. McNulty's comments at the public hearing specific to the sections and also indicating we have already indicated awillingness to amend the Developer's Agreement to accommodate same. He also spoke in support of revised height definitions and the revised use of an expedited Conditional Use Permit process, and the use of the Plan Review process evidence the more recent results of their efforts. Mayor Emeott then described and supported briefly the Plan Review Committee's process. Mr. Rasmussen asked Mr. Rafferty if they can work with the old height ordinance and Mr. Rafferty responded in the affirmative and supported the motion. Mr. Schilling indicated to Mr. McNulty that it is important that he get back to building houses and not sit before the City Council every time they meet. RESOLVED: Motion by Watson, second by Schilling to extend by I year to August, 2007 the moratorium on the change of official local controls as they relate to the Hillary Farm development. On a roll call vote the motion was unanimously approved. Mayor Emeott then addressed (proposed) Ordinance No. 43H indicating he has prepared an Executive Summary hand out describing the changes proposed. It also indicates rationale of the changes and a reference to location of sections. Mayor Emeott stated that the zoning ordinance is the heart ofthe city's development policy. Mayor Emeottthen reviewed several comments ofthe summary, including Comprehensive Municipal Plan requirements. Mayor Emeott also referenced the large number of public hearings already held regarding proposed changes. lie highlighted recodi ficat ion, word smithing as it relates to Conditional Use Permits, lot coverage and open space. Mayor Emeott then opened the floor for Council discussion. Motion by Mr. Bosak to adopt Resolution No. 2006-20 approving proposed amendments to Ordinance No. 43G with said amended Ordinance to be identified as Ordinance No. 43H. Second by Schilling. Mr. Rasmussen applauded the Planning Commission and others efforts and looks forward to working with and not on the document. Regarding the section on grading for creation of walkouts, Mr. Rasmussen asked that the motion be amended to delete restrictions on grading and adding more than4 feet of fill to create artificial buildup for walkout designs. Mr. Watson spoke to clarify the ordinance and Mr. Rasmussen's intent. Mr. Rafferty spoke that it refers ti the fact that some sites have a natural topography for creation of walkouts and some do not and therefore the logic of site, recommending elimination ofthe 4' dimensional provision. Attorney Newcome then spoke indicating North Oaks provisions allow only walkouts on lots whose natural topography provide for said design. Mr. Rasmussen asked Attorney Newcome if policing North Oaks provisions was difficult and Newcome responded no. Mr. Rasmussen spoke in favor of the intent ofthe provision and could support a change in wording. Discussion followed. Mr. Rasmussen then withdrew his motion and Mr. Bosak withdrew his second. Mr. McNulty then spoke in objection to several items. Mr. Newcome reminded Mr. McNulty that he is exempted form these provision but would gladly review any submissions from Mr. McNulty. Mayor Emeott then provided 5 minutes for public comment. Bryan Hansen spoke charging the City Council to know this document thoroughly as they were not aware of Ordinance 43G provisions. The new provision will take place in August - Mayor Emeott stated they will take place upon publication and Hillary Farm will not be affected until August, 2007. Mr. McNulty spoke and recognized the 1 year moratorium and then indicated he is in a slow moving market and his houses don't exactly move and this could be the case 1 year from now so how do they ask us to further extend the moratorium provision. Attorney Newcome said he looks forward to working. with Mr. McNulty to amend the Developer's Agreement to accommodate his needs in the future and this is an "olive branch" extended to Mr. McNulty to relieve the tensions. Mr. McNulty's questions were then clarified. Mr. Griffith fo I.arkin Hoffman spoke on behalf of the Twin Cities Builders Association stating he was here at Mr. McNulty's request as a member to address concern over changes to the ordinance. He asked to work during the next year on the ordinance with the City on behalf of the Builders Association. Mayor Emeott indicated our willingness to work with everyone to further develop the City's controls, including PUD provisions. Mr. Watson then spoke regarding Mr. Griffith's and Mr. Hansen's comments and indicated he has read through the ordinance several times but would entertain delaying for Mr. Griffith and Mr. McNulty to comment and learn of trends. Mr. Watson asked if delay versus amendment later was most prudent. Mayor Emeott spoke indicating several people have been challenged to comment including Newcome's letter to Hillary Farm group and no comments have been received. We can not wait another 6 months. Discussion of time required to respond followed with clarification by Newcome of more than adequate time with the most recent request received today. Mr. Griffith asked fortime to study and comment. Mr. Newcome indicated that opposition has been received but no solutions or recommendations and we can't use osmosis to determine what you're thinking and that we will happily review your written suggestions for alteration. Mr. Schilling asked Mr. McNulty how long to make his comments and he responded Page 3 of 17