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Planning Commission and City Council review of the proposed plan. The applicant agreed to extend the statutory review period to August 4, 1998 to enable consideration of Concept Plan modifications to address these issues. Planner Dillemd sent a letter to the applicant on July 10, 1998 summarizing what he understood the site conditions and design issues to be. In response to the City Planner's letter of July 10, an amended Concept Plan was delivered to the City on July 30, 1998. Since August 4 is a critical date for Council action, Planner Dillerud placed the application on the Council agenda without review by the Planning Commission, City Engineer's comments or comprehensive staff. Tim Freeman, representing Will Ziml, the developer, presented the amended Open Space Concept Plan, and reviewed the issues addressed in the July 10`° letter. Freeman stated he felt the Plan meets the letter of the Open Space Ordinance. Rebecca Tanpes voiced her concern on the density, the type of park proposed and felt the concept plan does not listen to the land. Reid Gilberston indicated placing soccer and a ball fields in a public park is not listening to the land. The land is not conducive to 17 homes, at best it should have 6-7 homes. George Krueger liked the road being moved, but stated that the City doesn't realize how much water stands on the property, and should require more land to hold the water. The Council raised the following issues 1. The presented concept plan provides for 19.9 acres of open space. According to the code, the total open space area within the OP development shall be at lest 50 percent of the total buildable land area. This Plan does not meet the required amount of open space. The Minnesota Land Trust will accept which outlots? 2. The applicant is not listening to the adjacent property owners' concerns: the parcel is a difficult land parcel for an open space development. There are too many homes for such a small area. The Council suggested this parcel be considered for RE zoning and also suggested was elimination of the public park that would be used for soccer and ballfields and create a private park. 3. Lots 1, 3, 13 and 14 do not comply with the 200' setback from the existing Fields of St. Croix. Buffer is provided on adjacent property, therefore, lots 13 and 14 still do not meet the 200' setback. 4. The path cutting between two home sites is not an ideal situation. 5. The road next to Reid Gilbertson's home is a straight 800' road and does not create a roadway of rural character. Tim Freeman asked that the Zintl Open Space Concept Plan be postponed until the next meeting when there is a full Council. He will get a definition of the open space calculation from his attorney and will provide additional information in a timely manner. M/S/P Johnston/Dunn — to postpone the Zintl Open Space Concept Plan off of 50i° Street, at the request of Tim Freeman, until there is a Council meeting where five members, are present or until he requests the Plan be added to the agenda. (Motion passed 4-0). 9. CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1998