Agenda - Council - 10/22/2013 - Laserfiche WebLink

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Review File: BROOKFIELD 4THADDITION. Major Plat Preliminary Plat Request Comprehensive Plan and Zoning Code Review Page 4 of 5 cash contribution be used to satisfy Park Dedication Requirements. It is further recommended that the Park Dedication be utilized to make the trail connection along Trott Brook to Variolite Street to the west. There is an existing storm water easement on Outlot C, Brookfield 3' Addition that could be expanded as a trail easement to provide a public trail connection from 170th Trail. This connection would be a nice addition for the existing Brookfield residents and this new 4th Addition, consistent with the City's current Master Park and Trail Plan. The exact timing and level of construction will be dependent upon the number of lots created with the Final Plat (if the 77 lots are phased in over time) and an estimate of the costs to extend and connect the trail. It is further noted that 21st Century Bank has conceptually agreed to convey necessary trail easements and fee -title to areas to make additional connections. The Parks and Recreation Commission will be meeting on Thursday, October 10, 2013 at 7:00 p.m. to review Park Dedication and Trail Development obligations. Sanitary Sewer and Water Trunk Fees. Sanitary Sewer and Water Trunk Fees are subject to the existing reimbursement agreement with 21st Century Bank. Per the Reimbursement Agreement, these fees are not due with the Plat and are credited towards the previous investment made. The appropriate fees are listed in the attached exhibit in order to calculate the credits provided to subtract from the overall reimbursement amount. The Development Agreement will clearly articulate that these fees will not be collected, but will be credited against the reimbursement amount. Development Agreement: An executed Development Agreement will be required prior to releasing the plat for recording. Previous Developer Amenities and Home Owners' Association. As part of the original plat of BROOKFIELD, the original Developer, Oakwood Land Development, proposed several private amenities that were not required by the City. These improvements included, but were not limited to, a pond/water feature, landscaping within public right of way (roundabout/entrance area), landscaping along Nowthen Boulevard, and a private park. The City allowed these amenities to be constructed with the understanding that the City would not accept future maintenance obligations for said amenities. The water feature/pond was created by installing a liner in the development's Stormwater pond. Many of the landscape improvements were constructed within City right of way. Attached to this case report is a Fact Sheet prepared by the City and summarized below. As these amenities were not required by the City, the City's expectations were that the development itself shall be responsible for the ongoing maintenance of these amenities. It is the City's understanding that the Developer set up a Home Owners' Association (HOA) as a mechanism to address long term maintenance of these features. Maintenance also included irrigation and billing for the utilities necessary to maintain these improvements. In 2009, Oakwood Land Development transferred its interest in BROOKFIELD to 21st Century Bank. At that time, a large majority of the lots within BROOKFIELD remained undeveloped and under the ownership of 21st Century Bank. During the transfer of ownership and through a request to amend the existing Development Agreement, the City encouraged 21st Century Bank to maintain the HOA, but did not require this to occur, as it did not possess the legal ability to do so (it is not a City requirement). The City commented at that time that the City would not take on the maintenance obligations of these amenities, as clearly articulated when the plat was approved. 21st Century Bank indicated that it would make its best efforts to re-establish the HOA, but lacked the legal ability to require future property owners to participate fmancially due to the structure of the existing Declaration of Restrictive Covenants. 21st Century Bank has stated that