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REGULAR COUNCIL MEETING AGENDA
Date: Monday, June 5,2000
1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2 APPROVAL OF AGENDA:
3 CONSIDER APPROVAL OF MAY 15, 2000 MEETING MINUTES.
4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of
the public specifically requests that an item on the Consent Agenda be removed and considered separately.
Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed
from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category.
A) Consider Approval of Invoices to Be Paid.
B) Consider Approval of an On-Sale Wine License and an On-Sale Non-Intoxicating 3.2
Malt Liquor License for Lakers Restaurant.
C) Consider Approval of Resolution OO-XX Approving Premises Permit for Lawful
Gambling to Prior Lake Hockey Association.
5 ITEMS REMOVED FROM CONSENT AGENDA:
6 PRESENTATIONS:
A) Presentation of Six-Wheel Drive All-Terrain Vehicle for Prior Lake Volunteer Fire
Department (Tribal Vice-Chair Glynn Crooks and Tribal Administrator Bill RudnickI).
B) Presentation by County Commissioner Barb Marschall and County Administrator Dave
Unmacht.
7 PUBLIC HEARINGS: NONE.
8 OLD BUSINESS:
A) Consider Approval of 1999 Annual Financial Report and Management Letter.
B) Consider Approval of Storm Water Alternatives for Proposed Conditional Use Permit
for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Property Located
in the Southeast Intersection of Tower Street and Toronto Avenue.
C) Consider Approval of Ordinance OO-XX Approving an Amendment to the Zoning
Ordinance Relating to the Requirements for Fences Located Within the Front Yard
(Case File #00-030).
D) Consider Approval of Solicitation of Proposals to Conduct Park Dedication and
Support Fee Study.
E) Consider Approval of Change Order #2 for Ingram Excavating, Inc. for a Deduct of
$31,563.00 and Approving Payment #8 in the Amount of $67,796.95 for Work
Completed at Lakefront Park.
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9 NEW BUSINESS:
A) Consider Approval of Ordinance OO-XX Approving an Amendment to the Zoning
Ordinance Relating tot he Definition 0 f a Building Face, and the Required Sideyard
Setback for Structures with Walls Exceeding 40 Feet in Length in the RS, R-1, R-2
and R-3 Districts. (Case File #00-35)
B) Consider Approval of MVTA 2001 Tax Levy Request.
C) Consider Approval of Proposal to Replace Police Department Detective Vehicles:
(1) Resolution OO-XX Authorizing the Sale of One (1) 1993 32-foot Motorhome to
the City of Red Wing, Minnesota.
(2) Resolution OO-XX Authorizing the Purchase of One (1) 2000 Model Ford
Expedition through the State of Minnesota Cooperative Purchasing Program.
(3) Resolution OO-XX Authorizing Staff to Solicit Quotations for the Trade-in of One
(1) 1992 Chevrolet Lumina and One (1) 1993 Chevrolet Blazer, and Authorizing
Staff to Solicit Quotes for the Acquisition of One (1) 2000 Ford Taurus.
D) Consider Approval of Resolution OO-XX Approving Specifications and Authorizing
Solicitation of Bids for One (1) Fire Department Tanker Truck.
E) Consider Approval of Resolution OO-XX Authorizing Staff to Proceed on Acquisition of
Computer Hardware and Software.
10 OTHER BUSINESS/COUNCILMEMBER REPORTS.
11 ADJOURNMENT.
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REGULAR COUNCIL MEETING MINUTES
May 15, 2000
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Gundlach, Petersen and Schenck, City Manager Boyles,
City Attorney Pace, Finance Director Teschner, Planning Director Rye, City Engineer Osmundson,
Park & Recreation Director Hokeness, Assistant City Manager Walsh, and Recording Secretary Meyer.
Councilmember Ericson was absent.
APPROVAL OF AGENDA:
MADER: Proposed removing Agenda Item 8A (Consider Approval of Storm Water Alternatives for
Proposed Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on
Property Located in the Southeast Intersection of Tower and Toronto) noting that with the absence of
Council member Ericson, the Developer has agreed to postponed tonight's action.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
APPROVAL OF MINUTES FROM MAY 1. 2000 REGULAR MEETING.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE MAY 1, 2000 REGULAR
MEETING MINUTES AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Treasurer's Report.
(C) Consider Approval of Building Permit Report.
(D) Consider Approval of Fire Call Report.
(E) Consider Approval of Resolution 00-36 Authorizing Full and Final Payment to System Control
Services, Inc. for the Supervisory Control and Data Acquisition (SCADA) System for the City's
Water Distribution System.
(F) Consider Approval of Resolution 00-37 Dissolving the Minnesota Police Recruitment System
(MPR.S.) and Authorizing Payment of Operating Expenses.
GUNDLACH: Proposed removing Item A (Invoices to be Paid) for a clarification.
MADER: Proposed removing Item E (Consider Approval of Resolution 00-36 Authorizing Full and Final
Payment to System Control Services, Inc. for the Supervisory Control and Data Acquisition (SCADA)
System for the City's Water Distribution System.) and Item F (Consider Approval of Resolution 00-37
Dissolving the Minnesota Police Recruitment System (MPRS) and Authorizing Payment of Operating
Expenses).
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
1\:'-1 EQLC\L OPPORTU'dTY E:.iPl.O\ER
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BOYLES: Briefly reviewed the remaining Consent Agenda items (B), (C) and (0).
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA ITEMS
(B), (C) AND (D).
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of Invoices to be Paid
GUNDLACH: Asked for a brief explanation of the Metropolitan SAC charge.
BOYLES: Explained that the City is required by statute to collect a Metropolitan Environmental Quality
Control Board sewer availability charge (SAC) for the reimbursement for extension of sewer interceptor
pipes in developing suburbs. Noted that the City collects the fees and passes them along to the
Metropolitan Council.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE INVOICES TO BE PAID.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Resolution 00-36 Authorizing Full and Final Payment to System Control Services,
Inc. for the Supervisory Control and Data Acquisition (SCADA) System for the City's Water Distribution
System
MADER: Noted that the system has been completed under the estimated budget and asked staff to
briefly explain the SCADA System.
OSMUNDSON: Explained that the SCADA system is a computerized system that allows the City to
control and monitor the wells and water levels in the two water towers. The information is transferred
by radio transmitters directly to the public works building.
MOTION BY MADER, SECOND BY PETERSEN, TO APPROVE RESOLUTION 00-36 AUTHORIZING
FULL AND FINAL PAYMENT TO SYSTEM CONTROL SERVICES, INC. FOR THE SUPERVISORY
CONTROL AND DATA ACQUISITION (SCADA) SYSTEM FOR THE CITY'S WATER DISTRIBUTION
SYSTEM.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Resolution 00-37 Dissolving the Minnesota Police Recruitment System
(M.P.R.S.) and Authorizing Payment of Operating Expenses
MADER: Asked the City Manager to briefly describe the item for the public and new Councilmembers.
BOYLES: Explained that the City has participated in a joint powers agreement with other Minnesota
cities for the recruitment and testing of potential police officers. The process worked well until two
unsuccessful police candidates successfully sued the system. Subsequently many of the cities
determined that the joint powers mechanism did not allow for sufficient supervision over the program,
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and that the joint powers agreement should be dissolved. Cities have since been doing selection and
recruitment independently.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-37
DISSOLVING THE MINNESOTA POLICE RECRUITMENT SYSTEM (M.P.R.S.) AND AUTHORIZING
PAYMENT OF OPERATING EXPENSES.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
PRESENTATIONS:
Presentation Regarding Comprehensive Lake Management Plan (CLMP) and Implementation
Schedule - (Rick Warner, Lake Advisory Committee Chair)
BOYLES: Briefly gave an overview of the Lake Advisory Committee process regarding the CLMP to this
point.
RICK WARNER (Lake Advisory Committee Chair): Discussed the process the Lake Advisory Committee
used and its sources providing information. Further noted that the purpose of the Comprehensive Lake
Management Plan was to define the most pertinent issues surrounding the Lake and develop goals
and action steps to address issues defined. Also advised the Council of the advisory committee's
survey results, implementation schedule, and need for a resource commitment.
SCHENCK: Asked if a third access was discussed, and what non-phosphorus fertilizer products are
best.
WARNER: Advised that Lake access was not defined as a predominant issue. Noted that the DNR has
a lot of the control over the Lake and that it will take a cooperative effort on behalf of the DNR, the
Watershed and the City. Further advised that citizens are concerned about water quality and limiting
phosphorus is one of the best ways to improve water quality. Suggested that an ordinance limiting
phosphorus fertilizers might be a progressive way to address the issue.
PETERSEN: Asked about surface water management and shoreland erosion in relation to artificially
ballasted boats that create larger wakes.
WARNER: Advised that the LAC discussed that regulation was difficult because either boats are
artificially ballasted, or people buy larger boats. The LAC determined that the best course of action
would be to educate boaters on good boating practices.
GUNDLACH: Suggested promoting the use organic fertilizers, and asked about past attempts to manage
the Lake level and what could be done differently. Specifically referred to the dam at Candy Cove and
whether undoing measurers of that sort had been considered in an effort to better manage the Lake
level.
WARNER: Noted that the LAC did look at many different approaches, but that many of those measures
are regulated by the DNR. Advised that Boudins is the natural outlet for Prior Lake and the elevation is
916.0 feet.
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MADER: Commented on the difficulty and concerns in dealing with boats that are artificially ballasted,
and suggested re-evaluating the ways to address the issue. Also encouraged the LAC to look at the
City's use of salt-filled sand on roads along the Lake in order to protect the water quality.
PUBLIC HEARINGS:
Continuation of Board of Review
[This Item was moved to old business.]
OLD BUSINESS
Continuation of Board of Review
LEROY ARNOLDI (County Assessor): Briefly explained the appraisers report regarding Mr. Jorgenson's
property and the comparable information Mr. Jorgenson provided. Noted that Mr. Jorgenson's issue
appears to be taxes paid rather than property valuation. The recommendation is that the valuation
remain unchanged.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE COUNTY ASSESSOR'S
REPORT WITH RESPECT TO THE PROPERTY
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
BOYLES: Clarified that Council action was only required for those valuations that are appealed.
ARNOLDI: Confirmed.
Consider Approval of Storm Water Alternatives for Proposed Conditional Use Permit for a Multi-
Family Dwelling for Affordable Housing Solutions, Inc. on Properly Located in the Southeast
Intersection of Tower and Toronto.
[This Item was removed until the next regular Council meeting.]
Consider Approval of Resolution 00-38 Authorizing WSB & Associates to Provide Professional
Engineering Services for Well and Pump House #6.
BOYLES: Briefly reviewed the process to date, the bids received, and the staff recommendation.
MADER: Asked staff to reconfirm that the DNR will allow the City to drill a Jordan well, if WSB will be
involved in site selection, and if there is an estimate for the pump house.
OSMUNDSON: Explained that the DNR authorizes an appropriations permit only after the well goes on-
line. All correspondence to this point from the DNR authorizes that the City can drill a Jordan well on
this side of the Lake. The City must also install a monitoring well which will be watched and then a
determination made as to the extent the new well can be use. Also advised that the well itself will cost
approximately $175,000 and the fully equipped pump house approximately $375,000 for a total
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estimated cost of $600,000. Further advised that the Council will see this matter many more times over
the course of the project.
MOTION BY PETERSEN, SECOND BY MADER TO APPROVE RESOLUTION 00-38 AUTHORIZING
WSB & ASSOCIATES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR WELL AND
PUMP HOUSE #6.
Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Initiation of an Amendment to the Zoning Ordinance Allowing Garages
and Accessory Buildings in the Front Yard.
BOYLES: Reviewed the language amendments proposed to the zoning ordinance in accordance with
the Council direction at its last meeting. Also noted that upon Council approval the ordinance
amendment will go through the public hearing and planning commission process.
MOTION BY MADER, SECOND BY PETERSEN TO DIRECT STAFF TO INITIATE AN AMENDMENT
TO THE ZONING ORDINANCE ALLOWING GARAGES AND ACCESSORY BUILDINGS IN THE
FRONT YARD ON RIPARIAN LOTS.
MADER: Believes that the ordinance language does address the primary issues raised by the Council,
but suggested that new construction on relatively flat riparian lots ~not be excluded from having
lAl'\ attached garages. ~
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Resolution 00-39 Approving an Amendment to the Comprehensive Plan
requested by Eagle Creek Villas, LLC for the Property Described as Lots 2, 3 and 4, Block 2,
Holly Court (Case File #00-13).
BOYLES: Briefly reviewed the agenda item in connection with the staff report and the recommendation
by staff. Noted that the resolution sets forth conditions in conjunction with an overall project.
PACE: Noted that the language in the resolution is very important, and suggested changing the last
"whereas" to read that "..... the site may be incorporated...." because we don't know what action the
Council will ultimately take.
GUNDLACH: Asked why the rezoning to a higher density is necessary in light of the proposed use of
overlay districts, and if it puts the City in a place it doesn't want to be if the project does not go through.
PACE: Explained that regardless of zoning, the Comprehensive Plan and zoning map should be
consistent with one another. The proposed use of overlay districts for this type of project applies to
zoning districts, rather than the Comprehensive Plan, which is the issue at hand. The Developer has
indicated that they will withdraw their application for a re-zoning. In doing so, the intent is to designate
the Holly Court property under the Comprehensive Plan the same as the adjacent property. In this
manner, the Council is only approving a project that it understands exactly what it will be. Further
advised that the Council could come back and re-guide the property if it is not developed in conjunction
with the PUD.
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MADER: Advised that Mr. Bell has indicated to him that he will withdraw the application to rezone the
adjacent property to R-4, and that the application will be replaced as an amendment to the PUD which
will include the Holly Court area.
GUNDLACH: Asked if both actions could take place at one time.
BRYCE HUEMOELLER (Counsel for the Developer): Advised that under the current zoning ordinance, a
Comprehensive Plan Amendment and PUD amendment for the same project cannot be considered at
the same time.
PACE: Added that there are also timing issues because an application for the PUD amendment has not
been submitted by the Developer at this point.
MADER: Explained that the adjacent property is designated in the Comprehensive Plan as high density,
and the intent is to designate the Holly Court area similarly in order to be consistent. All of the property
in this contiguous development area would be guided by the same definition in the Comprehensive
Plan and an application for a PUD amendment would follow. If the project were not completed, the
Council could go back and guide the Holly Court property differently.
MOTION BY PETERSEN, SECOND BY SCHENCK TO APPROVE RESOLUTION 00-39 AS
AMENDED APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN REQUESTED BY
EAGLE CREEK VILLAS, LLC FOR THE PROPERTY DESCRIBED AS LOTS 2, 3 AND 4, BLOCK 2,
HOLLY COURT (CASE FILE #00-13).
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
..
[The Council took a brief recess.]
NEW BUSINESS:
Consider Approval of Resolution 00-40 Approving Preliminary Plat to be Known as Northwood
Oaks Estates 2nd Addition.
KANSIER: Reviewed the proposal in connection with the staff report, noting the history of the project,
the Developer's determination to reconfigure the second phase of the initial project, and the issues
before the Council.
SCHENCK: Asked how many homes would have access to Northwood Road.
KANSIER: Confirmed three total.
GUNDLACH: Asked about the width of the roadway, and if there will be thru streets.
KANSIER: Advised that the road right-of-way is 50 feet, with the road surface being 32 feet which meets
the minimum design standards of the ordinance. Further advised that where developers prefer cul-de-
sacs, from a planning perspective thru streets are more efficient and encouraged.
MADER: Asked about sidewalks for the development, and suggested discussing with the developer the
possibility of including sidewalks along at least one side of the cul-de-sac. Also concerned with the
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calculations for storm water management, and suggested that a condition of the application be for staff
to carefully examine that there is no increased potential for future water problems once the project is
complete.
KANSIER: Advised that the cul-de-sacs do not have sidewalks, and the ordinance does not require
them. Noted that sidewalks are included on one side of Northwood Road, as well as on one side of the
most southerly street running straight west. Further advised that sidewalk requirements are an item
that should be considered in the review of the subdivision ordinance.
OSMUNDSON: Advised that staff has spent a great deal of time completing an extensive review of the
storm water management plans submitted by the developer, and while it is impossible to say that there
will never be a problem, this project is within the allowable guidelines and will be continually reviewed
up to final plat approval.
MADER: Asked if the Council could get a brief report from the staff on its review of the storm water
management plan.
PETERSEN: Asked if Arctic Lake is a land-locked lake.
OSMUNDSON: Unclear whether Arctic Lake is land-locked. Suggested that staff would bring a memo to
the Council with its determination as to the storm water management.
RYE: Suggested a revision to the Resolution adding a condition that the Council receive and approve
verification of the run-off calculations and hydrologic recommendations prior to final plat approval.
SCHENCK: Added that Arctic Lake does flow into Prior Lake, so it does have an outlet.
PETERSEN: Noted that the two smaller cul-de-sacs only have five or six homes and that sidewalks are
probably not essential.
KANSIER: Advised that conditions (A) through (H) of the resolution have been met and could be
removed at this time if the Council wishes.
SCHENCK: Does not support the motion due to the lack of park and playground facilities, and the
number of access points to Northwood Road.
[The Council took a brief recess.]
MOTION BY MADER, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-40 AS AMENDED
APPROVING PRELIMINARY PLAT TO BE KNOWN AS NORTHWOOD OAKS ESTATES 2ND
ADDITION.
PACE: Read the additional language as condition (4), "As a part of the consideration of final plat, the
Engineering staff shall be satisfied that the hydrology and drainage will not result in significant adverse
negative impacts off-site. Based upon the information provided and this evaluation, the City may
imposed as part of any Development Agreement, provisions for continuing water management
controls. "
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PETERSEN: Advised that the Developer has chosen the cash option in lieu of a park land dedication at
the request of the City, which is within the allowances of our zoning ordinance.
VOTE: Ayes by Mader, Gundlach, Petersen, Nay by Schenck, the motion carried.
Consider Approval of Report Outlining Process for Dealing with Senior Care Facilities in the
Zoning Ordinance.
BOYLES: Advised that the intent of the report is to address the ways an overlay or special use district
may be utilized in order to address the senior care facilities in the zoning ordinance, and to identify a
process by which a conditional use permit may be put in place in the R-4, R-3, R-2, C-2, C-3 and C-4
districts.
GUNDLACH: Asked if this will be considered a conditional use permit, or an overlay district.
PACE: Advised that the staff is still considering all of its options and will come back with a more definite
recommendation as staff identifies and researches additional concepts.
The consensus was that the staff should proceed as proposed.
Consider Approval of Resolution 00-41 Authorizing the Mayor and City Manager to Execute a 3-
Year Contract with Law Enforcement Labor Services Local 100.
WALSH: Provided a brief overview of the contract amendments.
BOYLES: Noted that at the Council direction, a three-year agreement was reached.
MOTION BY PETERSEN, SECOND BY GUNDLACH, TO APPROVE RESOLUTION 00-41
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A 3-YEAR CONTRACT WITH
LAW ENFORCEMENT LABOR SERVICES LOCAL 100.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Resolution OO-XX Authorizing Acquisition of Computer Hardware and
Software.
MADER: Recommended deferral of the agenda item until Council member Ericson was present.
MOTION BY MADER, SECOND BY PETERSEN TO DEFER THIS ITEM TO THE FIRST JUNE
MEETING SO THAT COUNCILMEMBER ERICSON COULD BE PRESENT.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
Consider Approval of Prior Lake Lions Club Proposal to Assist the City in Acquiring and
Installing a Band Shelter for the Outdoor Performing Arts Theater at Lakefront Park.
MADER: Gave a brief overview of the Lions proposal.
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MOTION BY MADER, SECOND BY PETERSEN TO AUTHORIZE STAFF TO ENTER INTO AN
AGREEMENT WITH THE LIONS CLUB FOR THEIR $30,000 CONTRIBUTION, AND TO AUTHORIZE
PREPARATION OF PLANS AND SPECIFICATIONS.
VOTE: Ayes by Mader, Gundlach, Petersen and Schenck, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
MADER: Commented that the recent change to the Wavelength publication was not only well-done, but
the cost was $10,000-$12,000 less than last year's version.
BOYLES: Added that the registration for Park & Recreation programs have also been outstanding since
the publication was changed to be distributed directly to each household.
Executive Session to Discuss Pending Litigation and Current Labor Negotiations.
MADER: Advised that the Council would adjourn to Executive Session to discuss the Boderman
litigation, the Vierling litigation and pending labor negotiations.
The Council adjourned to Executive Session.
The Council returned from Executive Session.
MADER: Advised that the Council discussed the status of the Boderman litigation, the Vierling litigation,
and pending labor negotiations. Staff was provided with direction and no formal action was necessary.
~: Advised that in the Council's earlier action to approve the preliminary plat to be known as
Northwood Oaks Estates 2nd Addition a condition was added regarding staff's review of storm water
management plans. Suggested that language that had been added as condition #4 be revised to read
"As a part of the consideration and evaluation of the Developer's application for final plat approval, the
City Engineering staff shall, within the scope of its expertise and discretion, be satisfied that the
hydrology and drainage will not result in adverse negative impacts off-site. Based upon the information
provided by the Developer and evaluated by the City Engineer and Director of Planning, the City may
recommend that the City Council require provisions in the Development Agreement to deal with water
management issues."
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE LANGUAGE REVISION.
SCHENCK: Noted his abstention due to his vote not in support of the original motion.
VOTE: Ayes by Mader, Gundlach and Petersen, the motion carried. Councilmember Schenck
abstained.
A motion to adjourn was made and seconded. The meeting adjourned at 10:31 pm.
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Frank Boyles, City Manager
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