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<br />City Councill'vlinutes <br />October 18, 2004 <br /> <br />Page 4 <br /> <br />----------------------------- <br /> <br />Councilmember Dietz questioned how this situation happened and if this is something an <br />inspector or the applicant should have caught. He also questioned of there is a way to stop <br />this from happening again in the future. <br /> <br />Mr. Rohlf stated that the ultimate responsibility is on the property owner to know where the <br />easements are located. He stated that it is a rare occurrence for this type of situation to <br />happen. <br /> <br />MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY <br />COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 04.82 FOR <br />VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS, CASE NO. <br />EV 04-05 WITH THE FOLLOWING CONDITIONS: <br /> <br />1. MR. SCHULZ PROVIDE THE CITY THE APPROPRIATE <br />DOCUMENTATION (WITH SIGNATURES) TO RECORD A NEW <br />EASEMENT AS DESCRIBED IN THE EXHIBIT PREPARED BY JOHN <br />OLIVER AND ASSOCIATES. <br /> <br />2. MR. SCHULTZ SHALL BE RESPONSIBLE FOR ALL COSTS <br />ASSOCIATED WITH THE RELOCATION OF ALL UTILITIES, DUE <br />TO MOVING THE EASEMENT. <br /> <br />3. THE NEW EASEMENT SHALL BE DEDICATED AND ALL <br />UTILITIES BE RELOCATED PRIOR TO THE VACATION BEING <br />LEGITIMIZED AND RECORDED. <br /> <br />MOTION CARRIED 5.0. <br /> <br />s.3.A. New NPDES Permits and Inspections <br /> <br />Mr. Rohlf stated that with the new rules for NPDES permits, many contractors are not <br />complying so staff will stop construction on job sites until the NPDES requirements are <br />met. <br /> <br />s.3.B. Update on Great River Energy Peaking: Plant <br /> <br />Mr. Rohlf stated that Great River Energy (GRE) will not be building a peaking plant in Elk <br />River in 2007 as planned. He stated that the city is working with GRE in hopes of having <br />another plant constructed in 2009. Mr. Rohlf reviewed the project regarding tax issues with <br />the Sherco Power Plant and Sherburne County. <br /> <br />SA. Request by 10-24 Developers for Preliminat;y Plat Approval l\Vindsor Meadows) Public <br />Hearing:-Case No. P 04-18 <br /> <br />Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant, 10- <br />24 Developers, is requesting a Preliminary Plat of Windsor Meadows, a 33 lot single family <br />cluster development. He discussed density bonuses, the plat layout, landscaping, and the <br />recommendations of the Planning and Parks and Recreation Commissions. <br /> <br />Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor <br />Klinzing closed the public hearing. <br />