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City Council Minutes Page 4 <br />July 15, 2019 <br />Moved by Councilmember Westgaard and seconded by Councilmember <br />Wagner to adopt Resolution 19-28 for the issuance of $33,735,000 General <br />Obligation Sales Tax Revenue Bonds, Series 2019A. Motion carried 5-0. <br />8.2 Hilltop Woods Estates Second Addition, 20655 Victoria Drive <br />■ Easement Vacation <br />■ Plat of Hilltop Woods Estates Second Addition <br />Mr. Carlton presented the staff report. Staff recommends a condition requiring the <br />creation of a covenant that would prohibit future development of the newly -platted <br />lots prior to a second connection for Victoria Drive to surrounding street network, <br />ensuring Victoria Drive is no longer a dead-end cul-de-sac. <br />Councilmember Wagner asked how long, in general, a development agreement is <br />valid. <br />Mr. Carlton explained a development agreement is meant to govern the development <br />of a property. Once the property is no longer being developed, the agreement no <br />longer exists. <br />Mr. Beck confirmed that, once the improvements are accepted, the development <br />agreement is released. Ongoing changes would be subject to a covenant. <br />Councilmember Wagner asked about the warranty period. <br />Mr. Carlton explained the warranty period was two years from accepted <br />improvements. <br />Mayor Dietz expressed concern that the development agreements do not clearly state <br />when they are in effect and felt they should contain language explaining when they <br />expire. <br />Mr. Beck agreed this would be a good addition to future development agreements. <br />Councilmember Wagner felt adding this type of language would be beneficial going <br />forward and there was misinformation among the neighbors who thought the <br />development agreement was forever. <br />Councilmember Westgaard agreed it was not consistent with what was originally <br />intended and communicated with the residents of Victoria Drive. Unfortunately, <br />there wasn't a binding mechanism in place to ensure there was not any future <br />development. The plan under consideration shows one additional driveway and one <br />additional buildable lot. <br />Mr. Beck stated there was not a sufficient legal basis to deny the request. <br />INATURE <br />