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COUNCIL MINUTES JULY 26, 2004 <br />FINAL MINUTES <br />NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004) <br />083 mistake at that. He believes they should approve the variance, and since each situation is unique, they <br />284 are not setting a precedent. <br />285 <br />286 Councilmember Dahl indicated she also talked to someone about this in the building industry who <br />287 said it was not really an issue because of the path and greenway next to the property. <br />288 <br />289 Motion carried. Vote 3:1 Councilmember Carlson voted nay. <br />290 <br />291 Resolution No. 04-110 can be found in the City Clerk's office. <br />292 <br />293 City Administrator Heitke noted that he believes it is clear both from the work session and the <br />294 discussion tonight that no one wants to encourage people to beg for forgiveness after the fact. He <br />295 stated he will talk to Staff and Legal Council to determine the City's ability to impose penalties to try <br />296 to prevent this from happening again. <br />297 <br />298 H. Consideration of SECOND READING of Ordinance No. 18-04, Rezoning Certain Real <br />299 Estate to R -1X, Single Family Executive, Junes Addition, Jeff Smyser <br />300 <br />301 Community Development Director Grochala summarized the Staff report, indicating Staff <br />302 recommends approval of the request. <br />303 <br />304 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 18-04, <br />al305 Rezoning Certain Real Estate from Rural — R to Residential Executive — R -1X for the Junes Addition. <br />306 Councilmember Dahl seconded the motion. <br />307 <br />308 Motion carried unanimously. <br />309 <br />310 Ordinance No. 18-04 can be found in the City Clerk's office. <br />311 <br />312 I. Consideration of Resolution No. 04-104, Authorizing Development Agreement, Marshan <br />313 Estates, Jim Studenski <br />314 <br />315 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. <br />316 <br />317 Councilmember Reinert moved to adopt Resolution No. 04-104 authorizing Execution of <br />318 Development Agreement for Marshan Estates. Councilmember Dahl seconded the motion. <br />319 <br />320 Motion carried unanimously. <br />321 <br />322 Resolution No. 04-104 can be found in the City Clerk's office. <br />323 <br />324 J. Consideration of Resolution No. 04-109, Awarding Contract, Marshan Lane Utility <br />325 Improvement Project, Jim Studenski <br />326 <br />327 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of this <br />28 request. <br />29 <br />7 <br />