Agenda - Council - 01/27/2004 - Laserfiche WebLink

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Evergreen that precludes the proper construction and placement of the temporary cul-de-sac. The City has placed a stop order on further construction of the townhomes at this location pending resolution of the issue. Staff was proposing that they amend the Evergreen development agreement to permit the Evergreen developer to construct a Class V, 16 foot wide street on the 154"' Lane right of way within Sunflower Ridge to the west of Evergreen. The Council was presented with the proposed agreement, which would require signatures from Edina Development, Oakwood Land Development, Inc., and possibly US Homes, Inc. because they have an option on the property. City Attorney Goodrich inquired if US Homes was willing to sign the agreement. Assistant Director of Public Works Olson explained that US Homes has an option to buy the property, but the property owner is actually Oakwood Land Development and Oakwood has signed the agreement. City Attorney Goodrich recommended that if the City Council approves the amendment that it be subject to minor amendments made by the City Attorney and determining if US Homes would be a party to the agreement. Councihnember Elvig inquired if they would be talking about a 16-foot wide access road. Assistant Director of Public Works Olson explained that it would be a 16-foot gravel road to be used for the snowplow drivers. Once the property owner is ready to develop the land they will have to upgrade the road to City street standards. Councihnember Kurak requested clarification as to who is involved with the agreement. Assistant Director of Public Works Olson explained that Oakwood Land Development would own the 16-foot roadway, but US Homes has an option on the property. Edina Development. owns the property where the easement for the temporary cul-de-sac was to occur. Councihnember Kurak expressed concern that a developer has deviated from what is required in the development agreement and there does not seem to be any real consequence for that. City Attorney Goodrich replied that the agreement does require Edina Development to submit an escrow in the amount of $15,000 to the City to cover all the costs, which will include attorney fees. Councilmember Kurak stated that she wanted to make sure there was some penalty for breaking the requirements established in the development agreement. Motion by Councilmember Elvig, seconded by Councilmember Pearson, to enter into the Agreement regarding right of way relating to Evergreen Point Townhomes Second Addition, which Agreement also authorizes amendment of said addition's Development Agreement dated November 25, 2002, and authorize the Mayor and City Administrator to sign on behalf of the City the necessary documents, subject to minor modifications made by the City Attorney and potentially eliminating US Homes from the agreement if required. City Council/January 13, 2004 Page 17 of 24