09-19-2005 CC MIN - Laserfiche WebLink

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City Councillvfinutes September 19, 2005 Page 2 3.6. REQUEST BY NEW CENTURY LAND DEVELOPMENT FOR PRELIMINARY PLAT (HERITAGE MAPLES), PUBLIC HEARING- CASE NO. P 05-16 - postponed to October 17, 2005 3.7. REQUEST BY NEW CENTURY LAND DEVELOPMENT FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PLANNED UNIT DEVELOPMENT, PUBLIC HEARING - CASE NO. CD 05-17 - postponed to October 17, 2005 3.8. PAY ESTIMATES 3.9. TOBACCO LICENSE FOR WESTBOUND LIQUOR 3.10. REQUEST FOR TEMPORARY ONSALE 3.20/0 MALT LIQUOR LICENSE FOR ELK RIVER LIONS 3.11. AUTHORIZATION TO PURCHASE STREET DEPARTMENT SWEEPER 3.12. PROCLAMATION - OCTOBER 2005 AS TOASTMASTERS MONTH IN THE CITY OF ELK RIVER MOTION CARRIED 5-0. 4. Open :Mike Patrick and Cheryl Melich, 13735 214th Avenue - presented a petition from a group of residents in the Windsor Park 3rd j\ddition that would like to see the barriers at 212th _I\venue NW removed. Mr. Melich reviewed a variety of reasons why the residents believe the barriers should be removed. City Engineer Terry Maurer indicated that when the Windsor Meadows plat was presented to the Planning Commission a few residents of the \Vindsor Park 1 st and 2nd Additions came before the Commission and argued for and received a condition on the \"X7indsor Meadows plat that the connection from 212th Avenue stay blocked not only during construction but until either the finalliEt of blacktop \vas laid or until at least 500/0 of the homes were occupied. Ivir. 11aurer stated that the condition made sense at the time but the \X1incisor Meadows development did not move fonvard as quickly as anticipated. He stated that now that the \"X1indsor Meadows development is moving forward the \X1incisor Park 3rd Addition is about 750/0 occupied, it vlould make sense to remove the barriers. 1vlr. Maurer suggested that the condition should have been for the barriers to remain in place until the fust lift of black top has been laid rather than the final lift. He stated that in the West Oaks development, the condition '\vas for the barriers to remain until the first lift of black top had been laid \vruch kept a majority of the construction traffic out and there ha\le no complaints since the barriers have been removed. :Mr. Maurer noted that staff cannot remove the barriers until direction is received from the City Council because the barrier condition was added as part of the \Xiincisor Meadows plat approval and is part of the developer's agreement. Mayor I<J.inzing questioned '\V~hat steps would have to be taken to have the barriers removed. City Attorney Peter Beck indicated that if the condition is part of the developer's agreement . it is a contract and should be amended if the barriers are to be removed. Mr. Maurer indicated that he spoke to the developer of\,\lindsor Meadovls and he does not have a problem \vith removing the barriers. City Attorney Peter Beck indicated that as long as the developer does not have a problem, then the barriers could be removed now and the developer's agreement could be amended later.