2008.12.15 CC Minutes - Laserfiche WebLink

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Hugo City Council Minutes for December 15, 2008 Page 7 of 11 Washington County Commissioner Dennis Hegberg was present to state that it was an honor to serve with Council Members Mike Granger and Frank Puleo on issues such as the Rush Line Corridor and the I-35 W/E Coalition. He presented each of them with a Commissioner Service Award and commended them for delivering services to the Citizens of Hugo in a cost effective manner. Approve Property Line Adiustment, Preliminary Plat Amendment, and Development Agreement Amendment for Deer Park Estates Councilmember Haas removed this item from the Consent Agenda for discussion. The applicants are requesting a property line adjustment for two properties located at 7630 137th Street North (Lot 7) and Outlot A, both located within the Deer Park Estates development. The property located at 7630 137th Street Court is currently 2.06 acres and the applicant is proposing to add .82 acres from the outlot to the northern portion of the lot. The property is zoned Agricultural. They are also asking for amendments to the preliminary plat conditions and amendments to the development agreement for Deer Park Estates. The applicants David and Carol Schumann are the developers of Deer Park Estates and currently live at 7626 137th Street Court. The Planning Commission considered the request at a public hearing at its December 11, 2008 meeting and recommended approval with a 4-2 vote. Councilmember Haas questioned the legality of dividing the outlot and changing conditions in the development agreement. Community Development Director Bryan Bear stated he had received a legal opinion from Attorney Dave Magnuson from Magnuson Law Firm, which was that if the City had imposed a condition on the plat, the City could also remove it. Furthermore, the remaining open space after the property line adjustment would still comply with what was required by ordinance at the time of the original plat. Puleo made motion, Granger seconded, to approve RESOLUTION 2008-59APPROVING A PROPERTY LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 7630 137TH STREET COURT AND OUTLOT A OF DEER PARK ESTATES, AMENDMENTS TO THE PRELIMINARY PLAT CONDITIONS, AND AMENDMENTS TO THE DEVELOPMENT AGREEMENT FOR DEER PARK ESTATES. Ayes: Granger, Puleo, Petryk, Miron Nays: None Abstain: Haas Motion carried. Approve Vacation of Public Right-of-way and Drainage and Utility Easements for Cross Country Properties Cross Country Poperties is requesting approval of an application to vacate all public right of way and easements within Oneka Lake townhomes subdivision. The developer does not intend to develop the property at this time. Community Development Director Bryan Bear explained the final plat and development agreement was approved by the Council on August 7, 2006 approving 30 townhome lots. However, due to the falling housing market, the project had not been constructed. The developer was requesting to replat the property as a single lot (which would be considered later in the meeting), but first needed to vacate the public right-of-way and all drainage and utility easements that were recorded with the original plat. The vacation of these easements requires a public hearing.