10-17-2005 CC MIN - Laserfiche WebLink

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. . . City Council Minutes October 17, 2005 Page 5 Acting Mayor Dietz opened the public hearing. Andrew Brown, 18260 Yankton Street-Stated residents around the golf course f1led papers in court this morning to enforce the covenants. He questioned the purpose of Outlot J. Arthur Nord, representing the applicant-Stated he was disappointed in the comments made by residents at the last Council meeting. He stated Mr. Krause has a sterling reputation. He stated when Mr. Krause heard about the covenant issue he immediately met with two other parties who also have part interest in the course. He stated there are three parties involved with decisions regarding the course and Mr. Krause is trying to convince the other two parties to work with the city in the sale of the course. He further stated the city needs to continue forward with the platting process in case things don't work out. Acting Mayor Dietz closed the public hearing. Councilmember Farber informed residents that the city may not get the golf course. He stated the interests of all parties must be resolved. Councilmember Motin stated the Mr. Krause has been very willing to modify the plat and address the concerns of residents. He encouraged the residents to continue with their lawsuit and not get their hopes up with the city buying the golf course. He stated it may be too cost prohibitive. Councilmember Motin questioned if Outlots A-G should be required to be added to the properties to the north. City Engineer Terry Maurer stated there should be a requirement that the outlots either be offered to the property owners at a reasonable price or they could become city right of way. Councilmember Motin was concerned not all property owners would buy an outlot and they wouldn't all be maintained. He also expressed concern over what mechanism could be used to maintain Outlot J. Mr. Maurer stated Outlot J is an item that could be addressed in the developers agreement but wasn't sure if this would be an appropriate mechanism. City Attorney Peter Beck stated the Council should make it a condition of the plat and include it in the developers agreement. He suggested a rolling letter of credit be used to maintain Outlot J. He recommended a condition that Outlot A-G become right of way. Councilmember Farber stated he is glad residents are moving forward with their suit. He stated if would have been nice if Mr. Krause would have come to the city first. Councilmember Gumphrey thanked Mr. Krause for giving the city an opportunity with the golf course and he further expressed disappointment in the residents. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT FOR PINEWOOD ESTATES 2ND ADDITION WITH THE FOLLOWING CONDITIONS: