01-14-2019 Council Packet - Laserfiche WebLink

Home Search

COUNCIL MINUTES December 10, 2018 DRAFT 279 Mr. Jablonski, Lennar, explained that they have worked long and hard on this agreement with staff; 280 Lennar has an additional seven acres they can improve; timing is critical to them; they want to build it 281 out the way the council wants; they are agreeing to a master development agreement; they can only go 282 so far; the Peltier situation is related to storm water requirements and it has their hands strapped on 283 how far they can go; they have contractual obligations including with Mattamy; if they cannot build, 284 the investment doesn't make sense; the channel item is seen as critical. 285 Mayor Reinert said he cannot vote for that though. Mr. Jablonski remarked that to have successful 286 development there has to be work between the developer and the City. They are agreeing to the plan 287 before the council now but that particular item is critical. Mayor Reinert argued that "but for" this 288 development there is not urgency for the City to get the channel project done. Mr. Jablonski pointed 289 out that their 350 acres is less than half of the area that will benefit from the channel improvement but 290 they are paying for more than half the costs and are paying it up front. Mr. Grochala added that 291 Lennar's payment on that will also be backed up by a Letter of Credit. 292 Mayor Reinert noted that the Master Development Agreement (MDA) is tied to the first phase and also 293 every additional phase. Attorney Squires said the MDA would umbrella over all phases; each addition 294 that comes on line will have a development agreement that is unique to that phase but the MDA still 295 binds on its terms; the agreements are meant to work together and layer together. 296 Mayor Reinert remarked that Article 1 of the MDA calls for certain guarantees; he's not sure they are 297 in place and thinks they should be done if a vote is expected. Council Member Rafferty said he 298 doesn't disagree but recognizes the size of the development and the phasing; getting the payment up 299 front is important and he sees the value. The homeowners' association element has been a sticking 300 point for him; he is putting faith in the attorney and staff because the effect is great. Council Member 301 Manthey said he understands that concern. 302 Mayor Reinert asked about an alternative to having a date requiring completion of the Peltier channel? 303 Mr. Grochala said it could only be extending the date. Mr. Jablonski noted that Lennar is making a 304 commitment to the City and is asking for a commitment back in this area. Mayor Reinert said he likes 305 the term "best efforts". 306 Council Member Manthey asked if Lennar has experienced a situation where dates haven't been met 307 and Mr. Jablonski said cities have either met the dates or have been able to do so shortly thereafter 308 (because the commitment was there to get it done as close to on time as possible). Mayor Reinert 309 suggested that "best efforts to complete by 2020" in the contract rather than the date should be 310 sufficient then. Mr. Jablonski clarified that this is what is tied to the elevations of the pond system and 311 there is design to accommodate in the meantime so the timing is tied to disturbed area. Community 312 Development Director Grochala suggested, if "best efforts" clause is done, is the council ready to 313 support Lennar with the watershed district to allow that next phase grading that is needed prior to that 314 outlet being completed. The mayor suggested that the council would consider future action but further 315 explained that he doesn't want to tie the City to a drop dead date and he'd also like the club house 316 change (to 518 houses); those are the changes he'd like to see. Mr. Jablonski said they'd be in 317 agreement but clarified that they'd have to have houses at the clubhouse area at that figure; Mayor 318 Reinert said the City will work with the developer over the course of this long project. 319 Attorney Squires outlined the proposed changes to the MDA: 320 - Article 5.1 - ...and shall "use best efforts to complete the same on or before December 31"; and 8