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City Council Minutes Page 15 <br /> April 19, 1993 <br /> • immediately to the north. Terry Maurer stated that in order to <br /> eliminate the public hearing requirement, the Nords would have to waive <br /> their rights to a public hearing. He indicated that the Nords have <br /> indicated that they would waive their rights to the public hearing. He <br /> further stated that the project requires acquisition of a utility <br /> easement from the Nords and recommended negotiating a deferral of the <br /> Nord lateral assessment in exchange for the necessary easements. <br /> COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ENGINEER TO NEGOTIATE <br /> WITH THE NORDS FOR THE EASEMENT AND TO ADOPT RESOLUTION 93-16, A <br /> RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE <br /> MATTER OF THE TRUNK SANITARY SEWER AND WATER IMPROVEMENT FOR THE AREA <br /> WEST OF COUNTY ROAD 1. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. <br /> THE MOTION CARRIED 4-0. <br /> 6.12. Preliminary Plat/Variance for Richard Foster Cherryhill Bluffs <br /> 2nd Addition <br /> Steve Rohlf stated that Richard Foster is requesting preliminary plat <br /> approval for the plat of Cherryhill Bluffs 2nd Addition which consists <br /> of 52 single family lots proposed with City sewer and water on <br /> approximately 26 acres. Mr. Foster is also requesting variances on the <br /> maximum length of dead-end roads for both roads associated with the <br /> plat. Steve Rohlf indicated that the Planning Commission reviewed the <br /> plat and recommended denial based on ownership of property and lack of <br /> • water capacity to serve the plat. He stated that MnDOT owns a 65 foot <br /> wide strip of right-of-way which affects Lots 1 through 5 of Block 4 of <br /> the proposed plat. <br /> COUNCILMEMBER SCHEEL MOVED TO DIRECT THE CITY ENGINEER TO APPROACH <br /> MNDOT TO DISCUSS THE PURCHASE OF THE 65 FOOT WIDE STRIP OF RIGHT-OF-WAY <br /> WHICH AFFECTS LOTS 1 THROUGH 5 OF BLOCK 4 OF THE PROPOSED PLAT. <br /> COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. <br /> Councilmember Holmgren indicated his concern regarding the price of the <br /> property. He stated that if MnDOT asks more than $1,000 for the <br /> property, the issue should be brought back to the City Council. <br /> Steve Rohlf stated that the City lacks the water capacity through the <br /> booster pump located in Deerfield 3rd to serve the plat. He indicated <br /> that Mr. Foster is proposing that he be allowed a total of 50 building <br /> permits between Hillside Estates and Cherryhill Bluffs 1st and 2nd <br /> Additions once the water tower has been ordered. Peter Beck, City <br /> Attorney, discussed the potential problems that could be created by <br /> trying to limit house starts to 50 prior to the construction of the <br /> water tower. He stated it may be a problem to enforce the number of <br /> building permits against the third party or subsequent purchaser. <br /> Councilmember Scheel voiced her concern regarding the fact that <br /> development is at a stand still until the water tower is ordered. <br /> • The Council discussed the variance request to the length of the <br /> dead-end road. Steve Rohlf stated that the Planning Commission <br /> recommended approval of the variance for Evans Avenue, but recommended <br /> denial for the variance for Freeport. He indicated that a revised plat <br />