2006.10.02 CC Minutes - Laserfiche WebLink

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City Council meeting of October 2, 2006 Page 3 office spaces located at 5448 140th Street North. The property is located immediately north of Rick's Liquor and North County Auto Body. The development would consist of one building totaling 8,200 square feet with an associated parking lot with a fenced in play area in the back of the building. The Planning Commission reviewed the site plan request for the proposed KidzPlace Childcare Center at its September 14, 2006 meeting and unanimously recommends approval of the site plan. Adoption of the Consent Agenda approved adoption of Resolution 2006-59 aFXroving the site plan for a proposed childcare center and attached rental office spaces at 5448 140 Street. APPROVE REDUCTION IN LETTER OF CREDIT FOR VICTOR GARDENS a ADDITION Developer Pratt Homes has requested the City reduce the letter of credit being held for the newly constructed public and private improvements in the Victor Garden 0 development. The City would continue to hold a Letter of Credit in the amount equal to 10% of the total cost of the improvements, or $104,977.11. The developer completed the wear course paving on this project and the City has accepted the improvements. The one (1) year warranty for the improvements has begun and the City will continue to hold a letter of credit until this warranty expires. Adoption of the Consent Agenda reduced the letter of credit to $104,977.11 Developer Centex Homes has requested the City accept the constructed public improvements for the Heritage Ponds 2nd Addition. Acceptance of the public improvements would begin a one-year warranty period. At the end of one year, the project would be considered complete and maintenance activities would become the responsibility of the City. The City would continue to hold a Letter of Credit in the amount equal to 25% of the original cost of the improvements during the one year warranty period. Adoption of the Consent Agenda approved final acceptance of public improvements for Heritage Ponds 2"d Addition. REQUEST FOR VACATION OF DRAINAGE EASEMENT AT 14189 FINALE (WALLER) A public hearing was scheduled for Monday, October 2, 2006, on or after 7:00 pm, in order to take public comment regarding the request from Alice Waller at 14189 Finale for vacation of a drainage easement on the rear of her property. CD Director Bryan Bear explained that the RCWD has required the easement when the plat was approved 11 years ago. The City of Hugo, as the Local Governing Unit (LGU) must now interpret under Rule E whether the easement should be vacated. Mayor Miron and Council members raised issues, including water quality, distance of the buffer, width of the easement, and change in use to recreation. Mayor Fran Miron opened the public hearing for any and all public comment on the issue. Applicant Alice Waller stated that there is no need for the easement and it is a poor law. John Waller provided a history of the easement requirement and concurred with his sister's assessment that the easement is not needed. Adjoining property Marvin LaValle submitted a letter for inclusion in the public record indicating his objection to vacation of the easement. The public hearing was closed for Council discussion. City staff recommended Council deny the request for vacation of a drainage easement as it relates to Branch 2 of JD3 as applicant had not demonstrated a need for the vacation. Mayor Miron questioned whether an easement had been vacated for what appeared to be construction in the easement on property north of the Waller property. Council member Mike Granger