Agenda - Council - 11/26/1996 - Laserfiche WebLink

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I I I I I I I :1 I I I '1 I I I :1 5. Bituminous pavement is trimmed with a five foot wide area of landscape rock in accordance with a Development Agreement of 1986. 6. Bituminous pavement is trimmed with a ten foot wide area of landscape rock in accordance with a Development Agreement of 1988. (b) Technical. The layout of these phases in 1986 and 1988 was designed to reduce storm water runoff'int, o the Ebony St./1Liverside West storm sewer system, through the use of landscape rock over sand.' The installation orB 6-12 curbing would require that, either the driveway level be lowered applroximately six inches, or that the lawn level be raised six inches. This raised curb would interfere,~with snow removal operations, and increase water runoff`into the Ebony St. storm sewer. Alternately, the use of a flat curb would still require that the existing pavement be sawed back for forming, the bituminous pavement patched and the landscaping restored. This approach would not interfere with the present "sheeting off" of rainfall or snow plowing, but would still be a ~airly expensive process. The mismatched pavement patching would not be especially aesthetically pleasing. The net effect upon appearance would be negative. (c) Legal. Th~ existing layout of buildings, pavement, curbing and landscaping for subject properties are sl~elled out in various Development Agreements between the undersigned and the City of Ramsey.; The City has consistently contended and maintained that such Agreements are binding, legal c0.ntracts. The content of 9.20.23 Subd. 4 as well as the text of Reference (A) appears to suggest that said Agreements are not binding contracts after all, inasmuch as the City now seeks to urfilaterally abrogate many of those agreements under the guise of a change in City Code. We recotnmend that the City consider the far reaching implications of the wholesale breaching ofsuah agreements, which are signed by the parties and notarized. In summary, retrofitting of concrete curb to subject properties would be expensive, and would not significantly aff'~t the function of improvements to the properties. Any adverse action by the City to compel such ¢hanges may constitute a breech of contract. The estimated cost of removing and reinstalling 460 t~eet of fence, sawing and patching 1,090 lineal feet of pavement and installing 1,090 lineal feet [of flat concrete curb is approximately $17,200. Alternately, the undersigned would not object to implementing any changes desired by the City through the use of public funds. We desire to reach an explicit agreement with the City on this matter at an early date. Please feel free to contact the undersigned at 757-7324 or FAX 757-3079 if questions concerning the foregoing should arise. Thanking you in advance, William C. Dubats President, Anoka Self Storage, LLC Ramsey Development Agreements P. 2 of 2.