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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 wouldnotwork. <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 />