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HomeMy WebLinkAbout1998.06.12 CC Minutes - Special Council meeting on Beaver Ponds Dev.MMUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 12. 1998 The meeting was called to order by Mayor Fran Miron at 8:30AM. PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron City Administrator, Robert Museus This special meeting was called at the request of Mr. James R. Schilling, J.R. Development to discuss the proposed Development Agreement for the subdivision known as Beaver Ponds. The first item discussed was paragraph 13F of the Agreement that requires the developer to deposit with the City sufficient funds to pay for one-half the cost of upgrading 130th Street, adjacent to the property, to the City's urban standard collector street standard. Mr. Schilling objected to this requirement, as 130th Street has already been approved as a 24' wide paved rural road. Mr. Charlie Melcher, Mr. Schilling's engineer, estimated the cost of these improvements, including curb and gutter, and approximately eight extra feet of bituminous surfacing to be $66,000. Mr. Schilling recommended that the Council adopt an impact fee to be charged out against all homes constructed to pay for the future expansion of improvement to collector streets. Barnes made motion, Goiffon seconded, to amend Paragraph 13F, keeping the existing language and adding: "The City Council may, following the completion of a study, determine the feasibility of establishing impact fees for collector road development, charge the developer such impact fee in the amount not to exceed $ in lieu of the above amount. The developer shall post a letter of credit with the City in the amount of $ to secure payment for the road improvements. Prior to the release of the letter of credit, the developer shall provide the City with a cash payment equal to the amount owed the City for the improvement of 130th Street, or the impact fee, as may be established." All aye. Motion Carried. The second issue raised by Mr. Schilling was cost sharing for construction of the lift station to serve his development, which will also serve adjacent property owners. Mr. Schilling requested the City prorate the cost of the lift station to adjacent properties, based on the number of hookups each would connect to the system. Mr. Schilling would pay for the initial cost of constructing the lift station, and be reimbursed through hookup charges made by future development. City policy is to reimburse the developer the marginal cost of oversizing through payment of connection fees made by future developments. Miron made motion, Leroux seconded, to conduct a hearing on cost sharing the public improvements for Beaver Ponds, and to establish connection charges for the same, at 7:30PM, June 30, 1998. The City Administrator was directed to send notices of the meeting to affected property owners. All aye. Motion Carried. City Council meeting of June 12, 1998 Page 2 Mr. Schilling expressed concerns with Paragraph 12A, stating that the final plat documents must be submitted to the City Council within 90 days of preliminary plat approval. It was agreed that this paragraph would be removed from the document. Mr. Schilling asked for clarification of Paragraph 17A.1. It was agreed that this sentence read, "subject to avoidable delays..." rather than "unavoidable delays" to make this paragraph clearer. Following discussion with Mr. Schilling, the Mayor informed the Council that a special meeting of the RCWD was to be held on July 13, 1998 to discuss topics of interest to the City, including Hardwood Creek and proposed changes to the Watershed District's Water Management Plan. In order to allow those Council members wishing to attend: Barnes made motion, Goiffon seconded, to advertise the RCWD meeting of July 13, 1998, as a special meeting of the Hugo City Council. All aye. Motion Carried. The Council reviewed a letter to the RCWD Board of Managers prepared by their engineer, Montgomery Watson, stating that Hardwood Creek profile may have, at one time, been 3.4' lower than it exists today. Miron made motion, Leroux seconded, to direct the City Attorney to review the City's legal rights regarding the re-establishment of a lower profile for Hardwood Creek, and also to recommend a law firm or individual, expert in water -related issues, to prepare a formal legal opinion on the City's rights in this matter. All aye. Motion Carried. Goiffon made motion, Leroux seconded, to adjourn at 11:30AM. All aye. Motion Carried. Robert A. Museus City Administrator