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HomeMy WebLinkAbout08/25/1988CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 25th, 1988, at 8:00 oclock p.m. at Apple Valley Community Center, 14603 Hayes Road. PRESENT: Mayor Branning; Councilmembers Goodwin, Humphrey and Savanick. ABSENT: Councilmember Holton City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Personnel Director Boland, Police Lieutenant Erickson, City Engineer Gordon, Public Works Director Ge~tz, City Planner Kelley, Recreation Progrmmmer Quale and Parks Superintendent Wahl. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Goodwin, approving the agenda for. tonight's meeting as amended. .Ayes - 4 - Nays - 0. APPROVE AGENDA AUG. 11, 1988 MINUTES AUDIENCE DISGN. CONSENT AGENDA RES. 1988-134 AWARD CONTRACT PROJ. 88-297 RES. 1988-135 AWARD PURCHASE SEWER CLEANER CHANGE ORDER PROJ. 88-286 MOTION: of Savanick, seconded by Branning, approving the minutes of the meeting August 11th, 1988, as written. Ayes - 2 - Nays - 0 (Goodwin and Humphrey Abstained). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Savanick, seconded by Goodwin, amending the date for receiving bids for Eastern Athletic Complex Shelter Building to September 23, 1988, and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-134 awarding a contract for Project 88-297, Woods Additions Utility and Street Improvements, to J. P. Norex, Inc., the low bidder, in the amount of $371,285.00. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-135 awarding the purchase of a Truck Mounted Sewer Cleaning Machine to Boyum Equipment, the lowest bidder meeting specifications, for a Vactor Model 810C mounted on a 1987 International Truck, Model 1954, for the amount of $124,535.90. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goedwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 88- 286, 1988 Street Maintenance, in the amount of an additional $24,300.00. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 2 MOTION: of Savanick, seconded by Goodwin, approving Change Order No. 1 to the contract with Keys Well Drilling for Project 88-291, Deep Well No. 8 Pump Repair, in the amount of an additional $1,290.00. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Goodwin, accepting Project 87-281, Valley Meadows Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $7,917.43. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, accepting Project 88-291, Deep Well No. 8 Pump Repair, as final and authorizing final payment on the contract with Keys Well Drilling in the amount of $9,377.59. Ayes - 4 - Nays - 0. MOTION: of. Savanick, seconded by Goodwin, adopting Resolution No. 1988-136 receiving the preliminary engineering report for Project 88-308, Nordic Woods 6th Addition. Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on September 8, 1988. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, authorizing reduction in subdivision financial guarantees for Cherry Oak Estates from $13,650 to $7,625; for Emerald Point 2nd Addition from $4,770 to zero; and for Carrollton Egtates 3rd Addition from $48,857.59 to zero. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, authorizing a gambling license exemption for the Apple Valley Fire Relief Booya Day on September 24, 1988; and issuance of a state gambling license for Minneapolis Children's Medical Center for a raffle on May 11, 1989. Ayes - 4 -Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving an agreement with AEC-Engineers & Designers for inspection of the interior of the Palomino Water Reservoir at a cost not to exceed $1,200.00. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-137 approving plans and specifications for the Eastern Athletic Complex Park Shelter Building and advertising for bids to be received at 2:00 p.m. September 23, 1988. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving an agreement with Hennepin County for installation of a paging transmitter on the Palomino Water Reservoir for a rental fee of $100 per month and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ. 88-291 FINAL PAYMENT . PROJ. 87-281 FINAL PAYMENT PROJ. 88-291 RES. 1988-136 SET HEARING PROJ. 88-30B SUBDIVISION BOND REDUCTIONS GAMBLING LICENSES AEC PALOMINO RESERVOIR INSPECTION RES. 1988-137 TAKE BIDS PARK SHELTER BUILDING HENN. COUNTY PALOMINO TOWER PAGING AGRMT. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 3 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-138 requesting the Dakota County Highway Department to request the Minnesota Department of Transportation to conduct speed limit surveys on County Road 31 from 120th Street to County Road 42 and on County Road 33 from County Road 31 to 140th Street. Ayes - 4 - Nays - 0. RES. 1988-138 SPEED SURVEYS CR 31 & CR 33 RES. 1988-139 SPEED SURVEYS 140TH & PENNOGK MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-139 requesting the Minnesota Depatment of Transportation to conduct speed limit surveys on 140th Street from County Road 11 to County Road 33 and on Pennock Avenue from County Road 42 to County Road 38. Ayes - 4 - Nays - 0. Note: The agenda enclosure requested the study on 140th Street from County' Road 23 to County Road 33: the intent was to request it from County Road 11 to County Road 33.) MOTION: of Savanick, seconded by Goodwin, setting a special Council. meeting at 8:00 p.m. on September 29, 1988, at City Hall to hold public hearings on 1988 special assessments and cancel- ling the informal meeting of September 1, 1988. Ayes - 4 - Nays - 0. SEPTEMBER · COUNCIL MEETINGS HIRE NYSTEDT ACCOUNT CLERK HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Goodwin, approving hiring Todd Nystedt for the position of' Aqcounting Clerk for Utilities effective September 1, 1988. Ayes - 4 ~ Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated August 25, 1988. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Melena said the proposal for Carrollton Estates 5th Addition was CARROLLTON EST. tabled at the July 28, 1988, meeting to address issues raised by the 5TH DISCUSSION residents. An informational meeting was held August 11, 1988, and OF ISSUES the residents will be presenting some recommendations. It is recom- mended the Council receive these recommendations and refer this project back to the Planning Commission for consideration of these issues. Speaking for the residents were Steve Zaudtke, Mark Ceminsky and Carol Berg. Steve Zaudtke presented a petition from the residents requesting the Council to consider solutions for the problems they believe exist in their development. Mr. Zaudtke said the four issues deal with traffic on Guthrie Avenue, the location of the quadhomes, the impact of the proposed armory on the area, and pedestrian crossings to parks. Mr. Zaudtke said one of the incorrect preliminary maps, which still shows up on the City's zoning map, showed Guthrie Avenue isolated from the business area by single family lots. The four lots were removed and there is now no visual separation from the retail area. Many children live on Guthrie and Haven and increased traffic is a concern. He questioned what was meant by the Administrator's suggestion of warehouse use on the business site at Pennock and 147th Street. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 4 The residents would like the road patterns looked at; rerouting Guthrie or ending it in a cul de sac. Keep three or four single family lots along Guthrie at 147th Street. Construct a dense berm between the residential and business zones. Restrict business traffic from driving through the neighborhood on Guthrie and Haven Drives. Mr. Melena said the suggestion was for office/warehouse type use rather than retail on the site at Pennock and 147th to reduce the volume of traffic. In place of the three or four lots, berming and.landscaping were suggested because a large storm sewer pipe runs through that area. Mark Ceminsky said the map they were given showed quadhomes on the southeast side of 147th Street, not on the northwest side where they are. To buffer them from the single family area, a double row of evergreens is suggested. Three or four houses are directly affected by the quads; the worst being 14731 Guthrie. This house should be repurchased and some value adjustment made on the other houses. In regard to the armory/park issue, Mr. Ceminsky said they suggest the City buy the entire property between Hayes Road and 147th Street. he armory should be located at 147th and County Road 42 with access off 147th Street. Instead of 12 single family lots, the City could develop eight lots with access to a park on the remainder of the property. This would also allow future expansion of the fire station. Carol Berg said they are concerned about a pedestrian crossing on Hayes for children walking to Westview. There is a crossing guard at 145th and Hayes, but it is not a direct access for the children. Cross'lng should be provided at Upper 145th and Hayes with a pathway around the Community Center parking lot to the school. Nancy McDermott said they would like to have tot lot playground equipment in any park that is developed. Mr. Ceminsky said the representatives would meet with the Planning Commission to discuss the recommended changes. They would also like to discuss notification procedures for any future public hearings. Mr. Melena said the Planning Commission is where this should be discussed further with a recommendation to the City Council by September 15th. MOTION: of Goodwin, seconded by Humphrey, referring the residents~ REFER CARROLLTON suggested recommendations for Carrollton Estates 5th Addition 5TH TO PLANNING to the Planning Commission for consideration with a COMMISSION recommendation made to the City Council not later than September 15, 1988. Councilmember Savanick said some type of tot lot/park should be provided to serve neighborhood needs. Councilmember Goodwin agreed that all the recommendations should be discussed with the Planning Commission. Councilmember Humphrey asked Staff to work with the School DistriCt to see what accommodations for crossing Hayes Road can be made. Bob Erickson, Planning Commission Chair, said all Planning Commission meetings are open to the public and he would encourage the residents to attend. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 5 Mr. Melena reviewed the draft resolution concerning Palomino Ridge townhouses, contained in Mr. Kelley's memo dated August 25, 1988. PALOMINO RIDGE TOWNHOUSES RES. 1988-140 PALOMINO RIDGE DENY REZONING APPROVE PLAT MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-140 making a finding for denial of the proposed rezoning from R-IA to M-1 And M-2 for the "Palomino Ridge" project and approving the two-block preliminary plat of Palomino Ridge, as recommended by the Planning Commission, with conditions as stated in the resolution . Lee Yadrick said she represented residents of the surrounding area and four of them wished to make comments on the proposal. Ross Glynn commented on the traffic situation. He had been told Pennock was designed to withstand the amount of traffic proposed, but the issue is whether the neighborhood can handle the traffic. The traffic study provided very little documentation as to how it was co6ducted and what data was used. A recent newspaper article on traffic studies called them "an imperfect science". No one really knows the impact until a project is up and running. Common sense should be used in making a decision. Roy Zabierek said he was speaking as a resident; not a member of the School Board. The City needs to be responsible in planning for growth. He commented on the School District's growth and additional school buildings required. Charles Payne said when he was building his house, he checked zoning on the surrounding property at City Hall. He was given a zoning map, not a Comprehensive Plan map. The two documents should be combined. Because the Comprehensive Plan is being revised, this rezoning should be denied until it is completed. Rollie Crawford said he represents Hallwood Highlands and commented on the purpose of the Comprehensive Plan, which is an expression of what a community wants to be. The Comprehensive Plan is under review and it would be inappropriate for the Council to change the zoning when this kind of review is being made. The Plan is a guide and it doesn't compel the Council to rezone property. He requested denial based on traffic planning, site preservation, density and broad compatibility with surrounding uses. Mr. Crawford noted other public policy issues involved are representations made to residents who purchased surrounding property; they relied on what was shown on the zoning map. The property serves as the gateway to the surrounding neighborhood and this parcel of land should be carefully constructed. Steve Wellington, of Wellington Management; Mary McNellis, of St. Croix Development; and Jerry Duffy, their attorney; were present. Mr. Wellington rsviewed the history of their' proposal since it began in January of 1988. It has been revised and is now for 102 rental townhouse units on 16 acres. He believes this is an appropriate development for this land. Single family homes developed on the property would not be as attractive as others in the area because of the surrounding roads and sitework necessary to build the homes. This is also the first time he has heard that this development is premature because the infrastructure is not ready. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 6 Mr. Duffy said they were surprised by the proposed denial. There was no negative staff recommendation until just a few days ago. When the Council wants the Comprehensive Plan to support what they are doing, it is used; otherwise it is a guide. The single family zoning on the property preceded Apple Valley and was done when it was Lebanon Township. The Council ought to look at the Comprehensive Plan because it is most relevant as to what should be developed there. Mr. Duffy said the City would have a greater degree of control with a townhouse development than with single family. Because it was zoned prior to becoming a City, the Council's ability to control it is less than if allowed to go forward as proposed. The Council has a responsibility to plan for schools, infrastructure, etc., but this is not a reason to deny. The number of students, cars, etc., between a single family and townhouse development is insignificant and not a legally defensible reason for denying. Neighborhood opposition should not be the controlling factor. Bibari Desai a resident on-Pennock Avenue, said he could go to .another cihy and tell them what he believes is a good development for them, but he wouldn't have to live with it. This is a business for the developer and he is not going to be living next to it. Councilmember Humphrey said he was on the Planning Commission from 1975 to 1980 and they worked on the Comprehensive Plan during that time. For the past three years he has encouraged routine review of it. There are 42 areas in the community where the Comprehensive Plan and zoning are not consistent. It is more important than ever to have it revised and it doesn't reflect the desires of the community at this time. Councilmember Savanick said she has reviewed all the information and does not see justification for rezoning. The zoning map should take precedence over the Comprehensive Plan. Councilmember Goodwin asked what the developer's position is on rental townhouses versus owner-occupied and why the property couldn't develop as single family. Mr. Wellington said he believes owner-occupied units are not feasible. There is more financing available for rental units and management would have more control over units. With owner-occupied units, there is nothing to prevent individuals from renting units to others. A single family development would require public streets and only 25 to 30 lots would be available. The hill and trees would have to be removed and because the property borders on Cedar Avenue, it would be less desirable. Financially, it could not be justified. Mr. Wellington said if he had originally proposed owner-occupied units, he could probably have received approval and come back and changed it to rental units but he does not operate that way. He can get better financing for rental units and build better units with better control. Mayor Branning said when the Council approves a rezoning there is no guarantee as to what will be built. Right now the zoning allows single family homes and that is guaranteed. The Council is charged with making decisions on the best use for the property which appears to be single family as now zoned. Vote was taken on the motion. Ayes - 4 ~ Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 7 Mr. Melena reviewed the Park Directorts memo dated August 22, 1988, PARK/SCHOOL concerning parking near athletic fields, schools and parks. Council- PARKING member Goodwin noted that each area seems to have significant parking lot space available except Cedar Park School. Mayor Branning said prohibiting parking on both sides of Newell Drive might be too extreme. Douglas Webber, 14165 Heritage Court, said parking problems around the High School have not been resolved and they would like restrictions during school days and hours similar to what is done in Bloomington and Richfield. Mayor Branning asked if this could be enforced? Lt. Erickson said the Police Department could do it if the restrictions were clearly identified. Councilmember Humphrey said the High School needs to provide additional parking on its property. Roy Zabierek said the school does not have funds for a parking lot and the problem will be reduced when the Eagan High School opens. Mayor Branning said that will not solve'the problem and it may only reduce it for a year or two. Councilmember Savanick said if students use Hayes Field parking, the problems which prompted the School District to patrol its lot may just move to that area. She asked Mr. Zabierek if the School could patrol Hayes also? Mr. Zabierek said he would look into it. Councilmember Humphrey said the potential conflict of encouraging Carrollton area children to cross Hayes Park to get to Westview and High School students parking there should be considered. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-141 establishing "no parking" restrictions as follows: 1. Hayes/High School - no parking both sides of street, from September to May, Monday to Friday, 7:00 a.m. to 3:00 p.m. on 141st Street-Heritage Court-142nd Street Court; 143rd Street- Hemlock Courts; 144th Street (to Heywood Avenue); Herald Way (to Herald Court); 137th Street (to Hanover Way); Guthrie Avenue (from 140th to 142nd) and Hayes Road (from 140th to Haven Drive). Also no parking anytime on the east side of 137th from 140th to Hanover Way. 2. Eastview/$cott Highlands - no parking anytime on the south side of 142nd from Johnny Cake to Pilot Knob. 3. Newell/Cedar Park - no parking anytime on one side of Newell Drive and Circle (opposite side of mailboxes). Ayes - 4 - Nays - 0. RES. 1988-141 PARK/SCHOOL PARKING RESTRICTIONS The Council asked for a follow-up report in January. (Note: Prohibiting parking on both sides of Hayes Road from 140th to County Road 42 was discussed, but implementation was intended to be between 140th and Haven Drive.) Mayor Branning called the public hearing to order at 10:30 p.m. on PUBLIC HEARING Project 88-300, Minnesota Zoological Garden Water Main, and noted PROJ. 88-300 receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report and said the Zoo requested the looped connection to the City's water system. It has asked to be assessed, over a 15 year period, for the cost. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 10:33 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 8 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-142 ordering installation of Project 88-300, Minnesota Zoological Garden Water Main. Ayes - 4 - Nays - O. RES. 1988-142 PROJ. 88-300 ORDER ZOO WATER RES. 1988-143 PREPARE PLANS MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-143 directing the Engineer to prepare plans and specifications for Project 88-300. Ayes - 4 - Nays - O. Mayor Branning called the public hearing to order at 10:34 p.m. on PUBLIC HEARING Project 88-305, East Valley Plaza Water Main, and noted receipt 'of PROJ. 88-305 the affidavit of publication of the hearing notice. Mr. Gordon re- viewed the engineering report and said it involves construction of water main along 140th Street from Pilot Knob to a point 600 feet east of Essex Avenue, connecting to the Greenleaf area. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 10:36 p.m. MOTION: of Goodwin, seconded by Humphrey, adapting Resolution No. 1988-144 ordering installation of Project 88-305, East Valley Plaza Water Main. Ayes - 4 - Nays - 0. RES. 1988-144 PROJ. 88-305 ORDER EVP WATER RES. 1988-145 PREPARE PLANS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988~145 directing the Engineer to prepare plans and specifications for Project 88-305. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 10:37 p.m. on PUBLIC HEARING Project 88-306, Eagle Ponds Utility and Street Improvements, and noted PROJ. 88-306 receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report and said it includes construction of a stub street for possible future connection of Garrett Avenue. The developer has asked the City to include grading in the area of the Hecker house in the contract and assess the cost. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 10:38 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-146 ordering installation of Project 88-306, Eagle Ponds Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1988-146 PROJ. 88-306 EAGLE PONDS RES. 1988-147 PREPARE PLANS MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-147 directing the Engineer to prepare plans and specifications for Project 88-306. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 10:39 p.m. on PUBLIC HEARING Project 88-307, Fenner-Brown Addition (Broner Woods) Utility and PROJ 88-307 Street Improvements, and noted receipt of the affidavit of publica- tion of the hearing notice. Mr. Gordon reviewed the engineering report. A 15-foot strip of land exists between this property and the Nordic Woods lots to the east. It is a surveyors error and Mr. Sheldon noted this is called a "gap" and is not owned by anyone. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 10:45 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 9 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-148 ordering installation of Project 88-307, Fenner- Brown Addition (Broner Woods) Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1988-148 PROJ. 88-307 BRONER WOODS RES. 1988-149 PREPARE PLANS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-149 directing the Engineer to prepare plans and specifications for Project 88-307. Ayes - 4 - Nays - 0. Mr. Kelley reviewed his memo dated August 25, 1988, concerning a find- A.V. APARTMENTS lng that a complete environmental impact statement is not warranted for the proposed Apple Valley Apartments project at 140th and County Road 11. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1988-150 1988-150 making a negative declaration on the need for an A.V. APARTMENT environmental impact statement for the development known as NEGATIVE E.I.S. "Apple.Valley Apartments". Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission recommendation concerning NORDIC WOODS Nordic Woods 6th Addition located on the northeast corner of Galaxie 6THADDITION and 132nd Street. The property is presently zoned for multiple uses under a planned development and a rezoning is requested to allow small-lot single family on the eastern part of it. Future road access is being provided for the unplatted remainder at the corner of Galaxie and..T.H. 77. Mr. Sheldon suggested that a planned development agreement be prepared, containing the details of the zoning, and signed by the developer before the Council acts on the rezoning. Preliminary approval should be to give Staff direction for preparation of the agreement. MOTION: of Goodwin, seconded by Humphrey, directing preparation of a planned development agreement for Nordic Woods 6th Addition amending Planned Development District 138 by adding Zone 7, providing for small-lot single family uses. P.D. AGREEMENT NORDIC WOODS 6TH Mayor Branning asked if the tear-drop design is appropriate for the cul de sac. He questioned whether the small development (seven acres) is too chopped up by providing for single family, townhouses and 8-plexes. Mr. Kelley said this design is being used on all cul de sacs at this time. He said the zoning on the unplatted remainder provides for some type of attached housing. If the townhouses and 8-plexes are developed, any effort to rezone that parcel to something else should be resisted. Councilmember Savanick asked if these will be owned or rental units. Mr. Kelley said they will be individually owned units. Mr..Sheldon said since this development has proceeded under the current practices, the Council should proceed with the rezoning rather than holding it pending a development agreement. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1988 Page 10 MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 422 amending Planned Development District 138 by rezoning Nordic Woods 6th Addition to Zone 7 to provide for small-lot single family homes, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Nordic Woods 6th Addition, as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes ~ 4 - Nays - 0. ORDINANCE 422 REZONE NORDIC WOODS 6TH PRELIMINARY PLAT NORDIC WOODS 6TH GRADING PERMIT NORDIC WOODS 6TH MOTION: of Humphrey, seconded by Savanick, authorizing issuance of an excavation/grading permit for Nordic Woods 6th Addition. Ayes - 4 - Nays - 0. Consideration of a building permit for the townhouse units was held until the agreement can be prepared. MOTION: of Goodwin, seconded by Branning, denying a frontyard setback variance for Lot 10, Block 2, Cherry Oak Estates, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, granting a sideyard setback variance for an addition to within three feet two inches of the property line on Lot 3, Block 1, Apple Valley 3rd Addition (213 Park Lane) subject to a registered survey of the property being submitted by November 1, 1988. DENY VARIANCE CHERRY OAKS VARIANCE 213 PARK LANE Councilmomber Savanick said it should be noted that the adjacent house faces the opposite direction and this is a very unusual situation. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 36182, 62981 through 62982, 62984 through 63005, 63007 through 63079, 63089 through 63098 and 63107 through 63210, in the total amount of $6,869,802.83. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:30 o'clock p.m.