DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR PARKSIDE NORTH 2ND ADDITION. PARKSIDE NORTH, LLC. (CASE FILE NO. 15-0042/BKS)
Schedule of Actions
Background
The City Council approval of Parkside North Second Addition (July 2015) contained a condition regarding Developer acquisition of additional off-site roadway and utility easement for eventual connection of Lever Street at 125th Avenue.
That approval also contained a condition that any subsequent extension of Lever Street trunk water or sewer by the Developer must be completed to the north side of 125th Avenue.
The Developer, Parkside North LLC, has now indicated that they would like to extend those trunk sewer and water improvements as well as final plat an outlot that was covered by the easement responsibility. The City Council discussed and reviewed a proposal by the Developer and City staff at their March 17th City Council workshop. The terms of their proposal (outlined below) have been incorporated into an amendment to the Development Agreement for Parkside North Second Addition.
The terms of the amendment are as follows:
• The Developer will execute an amended Development Agreement for Parkside North 2nd Addition.
• The Developer will submit a financial guaranty (Letter of Credit and Cash Escrow) for the extension of Lever Street (utilities, roadway, sidewalks, etc) from the current location to just south of 125th Avenue.
• The Developer will commence construction of those improvements by the end of June (2016) and have them completed by late October (2016).
• The Developer will submit a financial guaranty (cash escrow) for the construction of Lever Street trunk sewer and trunk water to the north edge of 125th Avenue. This shall be a cash escrow placed with and held by the City to be used by the City or to allow a 3rd party to construct those improvements.
• The Developer will submit a financial guaranty (cash escrow) for the connection of Lever Street to 125th Avenue including the cost of all work on 125th as required by Anoka County Highway Department.
• The Developer will submit a financial guaranty (cash escrow) for the City’s cost in obtaining necessary property easements for the extension of Lever Street utilities or roadway at and across 125th Avenue.
• The Developer shall withhold platting of lots in the area west of the Lever Street/125th Street intersection should the City need additional right-of-way within that area for location or design modifications of Lever Street. The Developer will provide such right-of-way or easements as required by the City at no cost to the City.
The City Council is being asked to approve the amended Development Agreement which will allow the development to move forward.
NOTE: As of the writing of this City Council report, staff and the developer are still reviewing and discussing final construction estimates for the various work elements outlined in the agreement. The final version, with all numbers identified, will be distributed at the April 21st meeting.
Recommendation
By motion, approve the Resolution.
Body
WHEREAS, a request has been filed by the applicant as part of subdivision Case No. 15-0042; and
WHEREAS, said case involves a review and approval of the amended Development Agreement for Parkside North 2nd Addition; and
WHEREAS, the Blaine City Council has reviewed the amended Development Agreement for Parkside North 2nd Addition; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Blaine that the Amended Development Agreement for Parkside North 2nd Addition is hereby approved and that the Mayor, City Clerk and City Manager are hereby authorized to execute the amended agreement and any other documents necessary for the recording or administration of the amended development agreement.
PASSED by the City Council of the City of Blaine this 21st day of April, 2016.