Agenda - Council Work Session - 09/28/2010

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CITY COUNCIL WORK SESSION Topic Report: UPDATE AND STATUS OF THE CLOSE -OUT OF SWEETBAY RIDGE SUBDIVSION By: Mark Riverblood, Parks Supervisor Background: As Council is be aware, the City has called on the Letter of Credit and Developer Escrow to complete the punch -list items and remaining Stage 1 improvements for the 5 -year old SweetBay Ridge subdivision (former Gun Club property). The purpose of this topic report is to inform Council on activity relating to this work, and receive concurrence on some of the details of which staff intends to complete the project. As indicated, $352,500 have been received by developers' bank to complete the punch -list items consisting of bituminous overlay of the streets, miscellaneous municipal utility repairs (manholes and watermain valve boxes), and significant concrete work (curb and sidewalk replacement). In addition, approximately 1,800' feet of boardwalk and trail shown in the attached exhibit were not completed, even though it was specifically called out as a Stage 1 improvement in the Development Agreement. In the process of administering the above activity, staff has discovered that Oakwood Land Development Et. al may not have adequately prepared trail and utility easements that correspond with the improvements. Staff will be contacting Oakwood Land to correct the easements as may be necessary. At the same time that the City assumed responsibility and control for completing SweetBay Ridge, a couple of the owners of the five lots along Rhinestone Street requested that the boardwalk be located as far to the east as possible in relation to their lots Additionally, at least one homeowner claimed that when they were in the process of purchasing their lot, a realtor informed them, that the boardwalk shown in both the promotional materials for SweetBay Ridge and the Development Agreement, would not be built because; "that would never be put in because our development was going back to the bank " It was during this dialog with the five owners along the Rhinestone Street cul de sac about potentially moving the boardwalk as far east as possible, thatthe easement(s) complications were discovered. While at no time was it considered (or communicated) that the boardwalk was not going to be built; it is possible that (because of the apparent easement inadequacy) that the boardwalk or trail easement was not revealed at the closing of the respective home sale (this is only speculation). The boardwalk and trail sections south of the Rhinestone Street cul de sac (about a half mile of existing bituminous trail, and approximately 1,300' feet of boardwalk yet to be constructed), are both necessary to maintain the sanitary sewer system — and are vital as a centralized and connecting trail and greenway for the City.