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LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1994 6 D. Preliminary Plat & Final Plat Approval- Stonegate 2nd Addition At a previous meeting, Councilman Johnson had indicated that he wanted to see some idea of penalties for not complying to performance standards and these penalties have not been added to the ordinance Mr. Jim Peterson would like to dedicate the entire parcel, which is Goose Lake, to the city to meet his park dedication obligation.. The RE regulations do not allow park land dedication of land below the flood plain level. If the city is willing to accept this kind of dedication, a code amendment would be required. Question raised "are we assuming any unusual kind of liability risk in terms of problems, people around the lake when that becomes a city park?" Filla responded we accept the same kinds of liability that we would on any publicly dedicated property. If we fail to maintain it and that causes an injury, we are responsible. If other people act negligently in using the resource, they are responsible. It was suggested to check on the city's liability with their insurance carrier. M/S/P John/Johnston - to grant preliminary plat and final plat approval for Stonegate 2nd Addition and direct the City Attorney to draft a resolution and developer's agreement which shall include the conditions to be met as recommended by the Planning Commission, City Engineer and Planner. (Motion passed 4-1:Mottaz:Does not believe this property is legally rezoned. The state law requires that four members of the council vote to rezone property. In the final vote, three members voted to rezone and two members said they were not voting for themselves, but they voted on Judge Quinn's ordering them to vote.. M/S/P Conlin/Johnston - to direct staff to prepare ordinance and call a public hearing to amend the RE regulations allowing park land dedication of land below the flood plain level. (Motion passed 5-0). E. Ordinance 8101 - relating to Public Land Dedication Requirements M/S/P John/Johnston - to adopt Ordinance No 8101, relating to Public Land Dedication Requirements. (Motion passed 5-0). F. Metro East Development Partnership Development Proposals M/S/P Mottaz/John - to table action on this item until the September 6 council meeting in order for Councilman Johnson to review his reasons why he voted against this before. (Motion passed 5-0). The administrator gave a copy of the Roadway Express proposal to all council members. The council indicated they were not interested in exploring any further the Roadway Express Development proposal because it is not consistent with Limited Business Ordinance and had concerns on volume of traffic and impervious surface..