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COUNCIL MINUTES JULY 26, 2004 FINAL MINUTES NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004) •190 191 Motion carried. Councilmember Reinert voted yea. Councilmember Dahl voted yea. 192 Councilmember Carlson voted yea. Mayor Bergeson voted yea. 193 194 Ordinance No. 10-04 can be found in the City Clerk's office. 195 196 ii. Consideration of Resolution No. 04-57, Approving Preliminary Plat and 197 Conditional Use Permit for a Planned Unit Development 198 199 Councilmember Dahl moved to approve Resolution No. 04-57 approving an application for a 200 Conditional Use Permit for a Residential Planned Unit Development and a Development Stage 201 Plan/Preliminary Plat for the Proposed Highland Meadows East 2nd Addition. 202 203 Motion carried unanimously. 204 205 Resolution No. 04-57 can be found in the City Clerk's office. 206 207 iii. Public Hearing, Consideration of FIRST READING of Ordinance No. 08-04, 208 Vacating Drainage and Utility Easement, Outlot A, Highland Meadows East 209 210 Mayor Bergeson opened the public hearing at 7:13 p.m. 211 • 212 Mr. Schmidt noted they have re -looked at the holding pond and made some modifications. He 213 advised the pond has also been evaluated by the Rice Creek Watershed District. 214 215 Councilmember Reinert moved to close the public hearing at 7:15 p.m. Councilmember Dahl 216 seconded the motion. 217 218 Motion carried unanimously. 219 220 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 08-04, vacating a 221 Drainage and Utility Easement on Outlot A, Highland Meadows East, to provide for the development 222 of Highland Meadows East 21' Addition. Councilmember Dahl seconded the motion. 223 224 Motion carried. Councilmember Reinert voted yea. Councilmember Dahl voted yea. 225 Councilmember Carlson voted yea. Mayor Bergeson voted yea. 226 227 G. Consideration of Resolution No. 04-110, Approving Variance to Reduce the Required 228 Side Yard Setback, 6396 Langer Lane, Paul Bengtson 229 230 City Planner Bengtson summarized the Staff report, indicating Staff recommends approval. 231 232 Councilmember Carlson expressed that when comparing the permit application to the final survey it 233 is apparent that the plans were changed, and would have had to be changed at the time the roof trusses 234 were ordered and the floor poured. She indicated she will vote no because she feels it is the •235 responsibility of the builder to build to the specifications of the approved plans. 236 5