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MINUTES FOR THE CITY COUNCIL MEETING OF FEBRUARY 3. 1992 <br />The meeting was called to order by Mayor Stolt man at 7:00 PM. <br />PRESENT: Barnes, Brunotte, Jesinski, Miron, Stolt man <br />City Administrator, Ken Huber <br />City Finance Director, Ron Otkin <br />City Clerk, Mary Ann Creager <br />Brunotte made motion, Jesinski seconded, to approve the minutes for the <br />regular City Council meeting of January 21, 1992 as submitted. <br />All aye. Motion Carried. <br />Miron made motion, Barnes seconded, to approve minutes for the special <br />City Council meeting of January 27, 1992, as submitted. <br />All aye. Motion Carried. <br />Barnes made motion, Jesinski seconded, to approve the claims for February <br />3, 1992, in the amount of $36,198.29. <br />All Aye. Motion Carried. <br />NON -DEVELOPMENT AGREEMENT (J. LEMOINE) <br />Mr. Jim LeMoine of 14451 Homestead Avenue, Hugo, MN., has formally <br />requested that the City Council abate the road improvement assessments <br />levied against OUtlot A of Evergreen Hills 2nd. Mr. LeMoine contends that <br />because of geographic, geological, and hydrological conditions, OUtlot A <br />of Evergreen Hills 2nd cannot be developed, and the $4,577.20 assessment <br />does not fairly represent the benefit derived to the lot in question. Mr. <br />LeMoine has agreed to the terms of this Non -Development Agreement, <br />declaring the property is Unbuildable for the purpose of abating this <br />assessment. Once this Non -Development Agreement is approved by the City <br />Council and executed by Mr. and Mrs. LeMoine, the City will prepare the <br />necessary resolution to abate this assessment, as required by Washington <br />County. To date, the City has incurred $50.00 in legal fees to review <br />this Non -Development Agreement, and will have to pay a $15.00 recording <br />fee to Washington County. The City's policy is to recover these costs <br />from the applicant. Mr. LeMoine has indicated he does not wish to pay the <br />$65.00 direct costs to the City for legal expense and document recording. <br />Mr. LeMoine stated that he was in agreement with all provisions of the <br />Non -Development Agreement. <br />Miron made notion, Barnes seconded, to approve the Non -Development <br />Agreement between the City of Hugo and James and Lavonne LeMoine, and <br />authori;,e Uie Mayor and City Clerk to sign said Agreemen on behalf of the <br />City. <br />All aye. Motion Carried. <br />Mr. LeMoine stated that the based his regUest to not pay the costs <br />incurred on a statement made by Councilmember Barnes, at a previous <br />meeting, that the City should pick up the costs. Because it has been thT <br />City's policy to recover these costs from applicants, the following motion <br />was made: <br />