08-12-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 11 Date: August 12, 2019 Item Description: LAI 8-000038 — James and Mary Jundt, 1400 Brackets Point Road, Development Agreement Amendment Approval Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. This item is to consider an amendment to the Development Agreement regarding the completion of the street. 2. Background/ Summary. The City Council approved the Final Plat and Development Agreement for the subdivision at 1400 Brackets Point Road known as Southways on June 11, 2018. Included within the provisions of the Development Agreement is a requirement that "the final wear course on streets shall be installed between August 15'x' and September 15'' the first summer after the base layer of asphalt has been in place one freeze that cycle." This is found in Paragraph 12, Time of Performance. Due to the timing of a major earth moving project approved at 1400 Bracketts Point Road, the developer requests an extension to November 15, 2019. This request is in part to preserve the wear course from the heavy truck traffic. The Applicant's request is attached as Exhibit A. The developer desires to install the final lift of asphalt this fall, to avoid snow maintenance over the winter. 3. Staff Recommendation. Staff recommends approval of the amendment, subject to a condition: a. City Engineer reserves the right to refuse the wear course should weather conditions at the time of installation warrant. COUNCIL ACTION REQUESTED Staff Recommendation: Motion to approve the amendment with the following condition: a. City Engineer reserves the right to refuse the wear course should weather conditions at the time of installation warrant. Exhibits Exhibit A. Applicant's request Reference Development Agreement Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -1)a