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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 5 of 7 It was explained that Ryland Homes was a major stakeholder in 70 of the lots, but the remaining lots were reserved for custom builders. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-81, APPROVING THE FINAL PLAT FOR HAMMES ESTATES WITH THE PROPOSED AMENDMENT TO CONDITION #13. Council Member Nelson seconded the motion. City Attorney Snyder noted that the final plat approval is contingent upon legal changes being completed. Council Member Reeves noted that it was appreciated that the lower density was proposed. Council Member Bloyer noted that the proposed homes are not low end homes. Council Member Smith asked Counsel if she could now vote for the final plat having voted against preliminary plat. Mr. Snyder explained that it was her personal decision. Ms. Smith explained how she was pleased with much of the proposal, but could not vote in favor of approval due to the reduction of the buffer to 100 feet. She wanted to stay consistent with previous vote. MOTION PASSED 4-1 (SMITH – NAY). ITEM 15: HAMMES ESTATES DEVELOPER’S AGREEMENT; RES. NO. 2014-82 Community Development Director Klatt provided summary of the proposed developer agreement. The developer did not have any objections. Council Member Bloyer asked for the project security to be further explained. Mr. Klatt explained that the security is broken down for each improvement plus 25%. If the developer does not complete the development, the city is then entitled to use those funds to complete the development. Any reductions in the security require developers to meet specific criteria and progress benchmarks. The amount of escrow used for planning is approximately $18,000. It was noted that the taxpayer is not expected to pay for any of the development other than utility over-sizing the city chooses to do. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION 2014-82, APPROVING THE DEVELOPER’S AGREEMENT FOR HAMMES ESTATES 1ST ADDITION. Council Member Reeves seconded the motion. Council Member Nelson noted the City is doing the right thing to protect the residents. MOTION PASSED 5-0 ITEM 16: HUNTER’S CROSSING DEVELOPER’S AGREEMENT; RES. NO. 2014-83 Community Development Director Klatt provided summary of the proposed developer agreement. The agreement updates were presented. Sections 22 (park fees), 25 (street light fee), 28 ((d) city payment of $32,324.000 for over-sizing watermain; (c) indemnification), 35 (construction costs), 36 (security reduction), and 37 (park dedication and street lighting fee added to city payments list). Council Member Smith asked that the final agreement be sent to council after the updates are completed. Council Member Reeves asked about buffering. Mr. Klatt said that there have been discussions with the affected property owner. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION 2014-83, APPROVING THE DEVELOPER’S AGREEMENT FOR HUNTERS CROSSING WITH THE CHANGES AS PRESENTED BY STAFF AND HAVING DEVELOPER PAY FULL WACS UPFRONT WITH BALANCE AT COMPLETION OF PROJECT. Council Member seconded the motion. MOTION PASSED 5-0 City Administrator Zuleger noted that staff has enjoyed working with the developers. ITEM 17: SAVONA 1ST AND 2ND ADDITION ASSESSMENT REALLOCATION