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i LAKE ELMO CITY COUNCIL iviiNUTES MAY 20, 1997 Attorney Fills submitted a DRAFT (Figures were submitted by Mr. Freeman to Tom Prow this afternoon) Developer's Agreement and explained the Council could approve the contract as presented or approve it subject to changes, or require them to come back with an updated form. The developer was reminded that work may not begin until final plat, development contract and letter of credit in place before any work can be done on the property. Tim Freeman, Folz, Freeman and Dupay, Assoc., asked that the City leave the assessment figure for 30s` Street out of the Development Agreement because he feels that 30'h street is a separate project and has not been ordered yet. Bob Herzfeld stated he didn't bring this up sooner because he thought this could be discussed at the Assessment Hearing scheduled for October. Attorney Fills explained that this section has been inserted because in the way this property is being developed will preclude the City assessing any of that land for improvements to 3& Street unless the City does it right now —that is because it will never show a special benefit to any of the other properties in that project. This project definitely benefits from the improvement of 30a' Street. M/S/P Conlin/Dunn - to approve the Developer's Agreement for Heritage Farm as stipulated by the City Attorney (Paragraph 4.01 B include completion date of August 30, 1998, 4.01F include a completion date of November 30, 1997, 4.01G include a completion date of August 30, 1998, estimated costs of Improvements/Administrative fees in section 4.03: grading $155,000, landscaping $93,000, storm sewer $60,000, streets $134, 750; street signs $500, water main $99,300; pathway $2,000, Section 4.09 prepayment of special assessments for 30a' Street in the amount of $9,492.00; if the improvements to 301h Street are not constructed on or before 5 years, the prepaid assessment amount shall be returned with accrued interest thereon to the developer). (Motion passed 3-0). B. Modification to Preliminary Plat and Plan, FIELDS OF ST. CROIX:Bob Engstrom Bob Engstrom, developer of the Fields of St. Croix, agreed to a postponement of the proposed modifications until there was a full council in attendance or until the next meeting. Mr. Engstom asked the Council to proceed with Final Plat approval on the preliminary plat approved by the City Council on February 18,1997. C. Conditional Use Permit, CSA Farm, Bob Engstrom The Fields of St. Croix includes the development of a CSA Farm/Wayside Stand. The proposal includes the sale of produce grown on the farm in this development and other farms in the area. The site plan indicates two small green houses and a small way side stand where the produce will be sold. The site is located directly east of the main access road to the Fields of St. Croix. The Planning Commission recommended approval with conditions on May 12,1997. M/S/P Dunn/Conlin — to adopt Resolution No. 97-24, A resolution granting a Conditional use Permit to Robert Engstrom, Fields of St. Croix for a Community Support Agricultural Farm/Wayside Stand in the Open Space Preservation Zoning District. (Motion passed 3-0). D. Final Plat, FIELDS OF ST. CROIX, Phase I:Bob Engstrom The Council did not look at the modifications proposed by Bob Engstrom as he requested, but did proceed with final plat approval on the preliminary plat approved by the City Council on February 18,1997. Administrator Kueffner provided a history of the original concept plan, rezoning, preliminary plat and plan approval in her report in the Request for Council Action. . M/S/P Dunn/Conlin — to approve the preliminary plat and plan for the Fields of St. Croix, printing date of plat May 20,1997. 17:43.05, identical to the preliminary plat and plan approved on February 18, 1997. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1997