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ARDEN HILLS CITY COUNCIL – MARCH 26, 2018 11 MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt Resolution 2018-022 Awarding the Old Snelling Trail and Watermain Improvements Contract to Sunram Construction, Inc. in the amount of $3,376,269.85. The motion carried (5-0). 9. UNFINISHED BUSINESS A. Planning Case 17-029 – Horita Acres Development Contract and Encroachment Agreement City Planner Bachler stated on March 12, 2018, the City Council approved Planning Case 17-029 for a Preliminary and Final Plat at 3685 New Brighton Road. A Development Contract is required to be signed between the City and the property owner before the City signs the Final Plat. The City Attorney has prepared the Development Contract and the document has been reviewed by the developer. City Planner Bachler reported a draft of the Development Contract was reviewed by the City Council at their meeting on March 12, 2018. The only change made to the Contract has been to update the list of approved plans based on the City Council denial of the proposed vacation of the sewer easement on the property on March 12, 2018. The City Attorney has advised that since the sewer easement vacation was denied, the City will require an Encroachment Agreement for both Lot 1 and Lot 2 for the access driveways on each respective property. The Encroachment Agreements include conditions that will need to be followed by each property owner. Councilmember Holden commented on the landscaping plan and noted she would like to see some of the tree species changed to ensure the newly planted trees survive in the wetland area. She supported the applicant working with staff in order to meet the City’s landscaping goals. City Attorney Jamnik advised the City Council had already approved the landscaping plan, but noted the Council could direct the applicant to work with staff to modify the tree species that are planted on site to comply with city ordinance requirements. Mayor Grant believed this was a reasonable request. Councilmember McClung agreed and stated he supported this recommendation. Councilmember Holmes did not support the Council changing the landscaping plan given the fact it was already approved. Mayor Grant asked if the City Attorney had reviewed the Developer’s Agreement. City Attorney Jamnik reported he had reviewed the Developer’s Agreement and noted this was a standard agreement with the exception that the easement encroachment issues had been addressed by the two separate encroachment agreements. Councilmember Holden explained she was asking for staff to work with the developer to ensure that the trees planted do not die in the first two years.