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Minutes of the Reg~ Council Meeting, August 10, ~ Page 8 CASE #87- 26: (Cont'd) Mayor Woodburn suggested a condition of approval be that closings on townhomes be validated only after buyer has seen their townhouse association agreement prior to closing. Miller advised that State law now addresses that matter and allows for buyer to rescind a contract within 10 days after purchase. He also noted that the . townhouse agreement would be reviewed by the City Attorney as a condition of approval. Councilmember Winiecki questioned the grading elevations; how do the current grades relate to the original plan proposal; berms were to be provided to screen the townhouses from the apartment building. Planner was unsure if the existing grades had been compared with the original grading plan; Engineer could verify the grade levels. Winiecki further questioned the density for the parcel and if the light standard heights would be visible from apartments adjacent. Miller pointed out that the overall density for the proposed site is 4.5; the actual density on the townhouse portion is less. He advised that the light standards would be cut off from view by the height of the buildings, as well as the grade change. Councilmember Winiecki commented that it would be preferable to see all the rooftop mechanical equipment on the apartment complex painted to blend with the roof color. She asked the applicant to relay that comment to the developer. . The Planner reviewed the building design and materials, as per drawings submitted, and outlined in the Planning minutes of 8-5-87. Moved by Peck, seconded by Hansen, that Council apprOve Case #87-26, PUD General Plan approval for Edgewater Estates Townhouse Component, Rezoning from R-l to R-3, and Preliminary Plat for 29 townhouse units, based on the findings that: a) The proposed use, density, and general distribution of townhouse units conform to the previously approved PUD Concept Plan; b) The proposed rezoning conforms to the Comprehensive Plan and the PUD Concept Plan, and, c) The proposed buildings conform to all zoning ordinance requirements regarding setback, height, and coverage. Furthermore, that approval be conditioned upon the following items: 1. Adjustment of the two northern most buildings to provide greater separation of buildings in the north cluster. 2. Adjustment of off-street parking areas to meet the 20-foot setback requirement from all street rights-of-way. 3. Approval of the site grading plan by the City Engineer. 4. Approval of the completed berming by the City Engineer to assure compliance with the original grading plan and that it adequately screens the buildings. 5. Approval of the revised landscape plan by the City Planner; said plan shall . intensify plantings per Planner's recommendations and shall specify sizes in conformance with the City's minimum standards. 6. Approval of all homeowner's association contracts and documentation by the City Attorney. 7. Approval of the Final Plat. Motion carried unanimously. (4-0) ORD. #249; AMENDING SPEED LIMIT ON LAKE JOHANNA Council was referred to the proposed ordinance amending speed limit for boats on Lake Johanna, as drafted by the City Attorney. Steven Nelsen, 3574 Siems Court, presented Council with a petition to place a 40 mph speed limit on Lake Johanna. Kim Klawiter, 3262 Sandeen R9ad, stated he had observed excessive speeds on the lake and strongly supports the proposed amendment. Mark Petersen, 4468 Hamline Avenue, agreed that the speed on the lake should be reduced; disagreed with the restricted hours. He enjoys water skiing, however, he finds it difficult to ski safely on the lake during the times the sailboats . use the lake. Council advised Petersen that major changes to the ordinance would have to be approved by the Department of Natural Resources; Hansen advised that she would express Petersen's concerns to other sailboat owners.