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Hugo City Council Meeting Minutes for August 17, 2020 <br />Page 6 of 9 <br /> <br />Juba explained the developer was initially required to construct 147th Street and Finale Avenue <br />with the project; however, with the approved PUD amendment, they would only be responsible <br />for the construction for Finale Avenue. The Council had previously approved the street CIP that <br />included the construction of 147th Street, and the funding sources were also identified. She <br />stated that the developer was requesting language be added to the development agreement stating <br />they would not be assessed for 147th Street if 147th Street was constructed, and the developer was <br />asking to speak to the Council on it. She presented the site plan showing seven buildings with 12 <br />units in each building. Finale Avenue would be a public street and the other streets would be <br />private. Juba recommended Council hold the public hearing on the easement vacation and <br />approve the notice to vacate the easements and approve the Final Plat and Development <br />Agreement for the Hugo Gardens Apartments. <br /> <br />Mayor Weidt opened the public hearing. There were no comments, and the Mayor closed the <br />public hearing. <br /> <br />Michael Margulies, representing the developer, and Architect Dean Dovolis were in attendance. <br />Margulies complemented Rachel and the team for their work on the project. He said he wanted <br />to clarify in the resolution that the developer would build Finale Avenue, and 147th Street was <br />part of the CIP. He wanted confirmation in the development agreement that the developer would <br />not be responsible for the initial cost of 147th if it is built. He said he was not asking the City to <br />commit to building 147th Street, only that if they do, the developer would not have to pay for it. <br /> <br />Miron made motion, Klein seconded to approve the notice to vacate the drainage and utility <br />easement located over Oulot B, LaValle Fields. <br /> <br />City Attorney Dave Snyder said he wanted to clarify that the motion was contingent upon the <br />approval of the development agreement and final plat for Hugo Gardens, and the development <br />agreement and related document be entirely consistent with the approvals of all of City Staff. If <br />they were not approved, the vacation would not be effective. <br /> <br />Roll call vote – all ayes. Motion carried. <br /> <br />Approve Final Plat and Development Agreement for Hugo Gardens Apartments <br /> <br />Juba had presented information on the final plat and development agreement with the previous <br />item. <br /> <br />Snyder stated that the development agreement as currently constructed reflected what City staff <br />recommended, and he did not recommend an explicit statement that the City would not assess for <br />the road or would construct the road at any particular time. The City’s construction of the road <br />was subject to the CIP, and though it was intended to be done next year, it was not expressly <br />stated there was any guarantee to anyone. He asked it be understood the development agreement <br />not contain any representations about 147th Street beyond what staff had already indicated, and <br />further, the final document be entirely consistent with City staff’s approval and not contain any <br />assurances on assessments. <br /> <br />Margulies stated he was not asking for any commitment to build 147th Street. They were only