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COUNCIL MINUTES NOVEMBER 23, 1998 <br /> Council Member Lyden expressed concern regarding any impact of noise for the neighborhood. <br /> Ms. Wyland stated the structures will be 500 feet from any residence. The structures are also not <br /> visible from anyone's property. <br /> Mayor Sullivan stated that additional down lighting needs to be utilized. <br /> Council Member Bergeson moved to approved the site plan with the conditions outlined. <br /> Council Member Lyden seconded the motion. Motion carried unanimously. <br /> Ordinance No. 14-98,Rezone West Shadow Ponds and Preliminary Plat,Richard <br /> Carlson,Mary Kay Wyland (4/5th Vote)- Ms. Wyland reviewed the NAC Planning Report <br /> which included correspondence from the developer, Mr. Rick Carlson and his Engineer,Mr. Ted <br /> Mattke,two (2) adjoining property owners, and from the Environmental Board, Fire Chief, <br /> CPTED Officer, and City Engineer. Ms. Wyland noted the minutes from the Planning and <br /> Zoning Board which includes citizen comments from the public hearing have been distributed. <br /> Ms. Wyland stated the Planning and Zoning Board recommended the following: <br /> 1. Rezone - approval on a 6-1 vote with Mr. Trehus voting nay. <br /> 2. Comprehensive Plan Amendment- approval on a 6-1 vote with Mr. Trehus voting <br /> nay. <br /> 3. Preliminary Plat-approval on a 6-0 vote with Mr. Robinson abstaining. <br /> Staff recommended approval of the rezone request, Comprehensive Plan amendment, and <br /> preliminary plat for West Shadow Ponds. <br /> Mayor Sullivan asked for a show of hands from those present in the audience who would like to <br /> speak regarding this issue. She stated this is not a public hearing. The public hearing was held at <br /> the Planning and Zoning meeting. She suggested that those present decide who would be best to <br /> represent their views. Four(4)people may speak for five (5)minutes. <br /> Ms. Wyland briefly went over public comments that were made at the public hearing. <br /> Mayor Sullivan asked if legalities were a concern regarding shared ponding. Mr. Hawkins stated <br /> that from a legal stand point shared ponding would-not work. <br /> Mayor Sullivan asked if Mr. Carlson has a perpetual agreement regarding ponding. Mr. Carlson <br /> stated the Rice Creek Watershed District has asked him to sign a personal guarantee that the <br /> integrity,buffering, and wetlands be kept. He stated he is willing to include additional ponding <br /> for the neighborhood to use on the park land at his expense. <br /> Mayor Sullivan stated Mr. DeGardner would have to make a recommendation regarding a public <br /> pond on park land. <br /> 6 <br />