HAWLEY CITY COUNCIL SPECIAL MEETING MINUTES
MAY 8, 2017
Pursuant to due notice and call a special meeting of the Hawley City Council was held on Monday, May 8, 2017 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Joy with the following members present: James Joy, Ben Gunkelman, Sean Mork, Stacey Riedberger and Jonathan Donnelly. Also present were Clerk Treasurer Lisa Jetvig, Attorney Zenas Baer, Engineer Tyson Hajicek, Dan Noreen, Sara Noreen, Jessy Noreen, Bob Olson, Mark Sellin, and Raymond Reading.
Joy announcedthat as a Special Meeting the Council can only discuss and act upon the three (3) posted agenda items regarding Prairie Hills Estates - Nature Lane Improvements: the Developer's Agreement, the Waiver of Irregularity and Appeal and Accepting the Bid.
Joy stated that a Developer's Agreement proposed by R & H Properties of Hawley, LLC., containing a 0% down payment and the stipulation that sidewalks had to be installed was crossed out, failed to pass at the regular City Council meeting on May 1, 2017.
Dan Noreen, representing R & H Properties of Hawley, LLC,told the Council that he understands where they are coming from in wanting a safe place for pedestrians but asked them to consider the bigger picture of an eventual safe path that could connect 15th Street, the Nature Center and the Prairie Hills Estates park.
Noreen presented the Council with a new Developer's Agreement dated May 8, 2017. The statement "Owners agree to require all properties on the south side of Nature Lane to install a 5' wide concrete sidewalk at the time they build on the property - located 1' north of the lot line" has been replaced by the statement "Owners agree to support and help accommodate, a safe pathway that would someday connect 15th St., the Prairie Hills park, and Prairie Hills Nature Center". All other items in the agreement were unchanged.
Noreen stated they are still proposing the 0% down payment. He recalled that Bob and Helen Olson did put $100,000 down on Phase 1 of Prairie Hills Estates Addition, and they were not required to put anything down on Phase 2. He stated that Bob and Helen Olson are part owners of R & H Properties of Hawley, LLC. along with their children.
Baer stated that the new language regarding sidewalks/pathways in the Developer's Agreement is vague and would be difficult to enforce.
Mork agreed with looking at the bigger picture and stated that the city's ordinances need to be reviewed.
Gunkelman stated that he has no problem with the 0% down but the vagueness of the language on a future path is somewhat worrisome.
Donnelly stated that he feels the developer is acting in good faith in agreeing to work with the city on a future path. He has talked to a lot of walkers that would prefer a path to a sidewalk. He agrees with connecting the city and the Council needs to decide the best way to do that.
Joy suggested that if the city decides to go with sidewalks the entire sidewalk should be put in when the street is initially constructed. If it gets damaged during construction it would be the property owner's responsibility to fix it. The Council needs to have discussions on the issue.
Mork and Riedberger both stated that they are comfortable with the 0% down on this development.
It was suggested that after this project is completed, the developer and Council could start having discussions regarding a future safe path.
Gunkelman stated that he appreciates the developer's willingness to sit down with the Council to discuss a future path. The city has no ordinance that requires sidewalks so it would not be fair to make the developer/property owner put them in. However, he is very concerned about safety with no sidewalk/path for pedestrians to use.
A motion was made by Mork, seconded by Donnelly to approve the May 8, 2017 Developer's Agreement Between "Owners" R & H Properties of Hawley, LLC. And "City" City of Hawley, MN, as presented to the Council at this meeting by R & H Properties of Hawley, LLC. Ayes: All.
Dan Noreen signed the Agreement of Assessment and Waiver of Irregularity and Appeal Prairie Hills Estates - Nature Lane Improvements/Initial Installation of Infrastructure on the behalf of R & H Properties of Hawley, LLC. Jetvig notarized the document and reported to the Council that the form was in order.
A motion was made by Joy, seconded by Mork to approve RESOLUTION 17-18 Resolution Accepting Bid Prairie Hills Estates Phase 3 - Constructing Nature Lane. Ayes: All.
There being no further business at 8:10 p.m. it was moved by Riedberger, seconded by Mork that the meeting be adjourned. Ayes: All.
Attest:
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James Joy Lisa Jetvig
Mayor Clerk Treasurer
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