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City Council meeting of June 8, 1999 <br />Page 3 <br />parcel size would not allow for compliance with the City's PUD ordinance. The Council reviewed the <br />City's ordinance regarding the construction of two-family homes in the single family urban zoning <br />district. It was the general feeling that issuance of a SUP was a more appropriate mechanism for <br />concerning the proposed development. The developer verbally agreed to a 120 -day extension for the <br />City to consider this project. <br />Barnes made motion, Stoltzman seconded, to deny the PUD of Oneka Lake View South, and to allow the <br />developer to resubmit the plan directly to the Council as a request for a Special Use Permit. <br />All aye. Motion Carried. <br />FRANCEWS MEADOWS <br />The Council received a request from Scott Montgomery and Paul Kelliher, developers of the proposed <br />Francine's Meadows subdivision, to allow them to phase the project as a mechanism to allow them to <br />clear title problems on one property, and still proceed with a portion of the development. In 1999, the <br />developers intend to plat the northern'cul-de-sac within the development immediately, but wait to plat the <br />southerly cul-de-sac connecting to 140th Street as the second phase and title issues to the property have <br />been cleared. They would also provide the City an easement, approved by the City Engineer, for a <br />drainage stormwater retention facility to serve both developments. <br />Stoltzman made motion, Haas seconded, to allow the final plat of the Francine's Meadows subdivision <br />into two phases. <br />All aye. Motion Carried. <br />SETTLEMENT (REHBEIN ASSESSMENT APPEAL) <br />At the Council meeting of May 3, 1999, Council directed the City Attorney to vacate the assessments <br />against the Rehbein property made as part of the 129th Street improvement project. The Council took <br />action as recommended by the City Attorney and Julie Schwartz, of Lake State Realty, who stated that <br />the property did not have a site where a building could be located. Following the meeting, the Mayor <br />was informed that the property had been evaluated and found suitable for a septic system. The City <br />Attorney was directed to hold off on vacating the assessment until the new evidence could be evaluated. <br />The Council has received a letter from the City Attorney with his findings. Staff requests direction. <br />RAILROAD CROSSING IMPROVEMENT AGREEMENT <br />The Council considered a draft Agreement between the City of Hugo and the Minnesota Commercial <br />Railway Company, for the improvement of the railroad crossings at 130th and 140th Streets. Minnesota <br />Commercial Railway is agreeing to lower the grades of the railroad tracks at these locations in return for <br />payment of $92,361.47. The cost of this project is expected to be reimbursable from the City's Municipal <br />State Aid account. <br />Leroux made motion, Barnes seconded, to approve the Railroad Crossing Improvement Agreement. <br />All aye. Motion Carried. <br />