2015.01.27 CC Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration of an amended Encroachment License Agreement, allowing Pulte Homes to construct and maintain a sign, retaining wall, and other associated improvements within 14th ST NW, Northwest Parkway, and Outlot A. DEPARTMENT HEAD’S APPROVAL: Craig Schlichting, Director of Community Assets & Development CITY MANAGER’S APPROVAL: No comments to supplement this report ___ Comments attached ___ Recommendation: Authorize the Mayor and City Manager to execute the attached Encroachment License Agreement, final language to be approved by the City Attorney, replacing the agreement originally approved on November 12, 2014. Legislative History: November 12, 2014: The City Council originally authorized execution of this Encroachment License. However, following execution of that agreement it was determined some additional encroachments onto future City park property would be needed to accommodate Pulte’s 3rd Addition. These encroachments are minor. Both the City Attorney and Pulte’s attorney agreed revising the Encroachment License was the most expeditious solution. September 24, 2013: The City Council adopted Resolution 13-076 approving a Preliminary Plat and Preliminary Planned Unit Development named Enclave at New Brighton Exchange. The encroachments covered by the proposed Encroachment License are consistent with the original PUD and Plat approval. Financial Impact: None Explanation: On September 24, 2013 the City Council approved a Plat and Planned Unit Development for Pulte Homes for their Enclave at New Brighton Exchange development. The plans submitted and approved as part of the Planned Unit Development included conceptual plans to construct a residential development monument sign within the median to be constructed at 14th Street NW, the northern most entrance to the development off Old Highway 8 NW. The Encroachment License Agreement provides Pulte Homes permission to construct and maintain their sign, which displays the development name “The Enclave”. The sign was installed following Council’s original approval in November. In addition to the sign, the license allows Pulte to install and maintain landscaping within the median strip of Northwest Parkway, and to install a small section of retaining wall and fence within Outlot A, New Brighton’s future park. The agreement gives City staff authority to review final designs prior to installation. The City Attorney drafted the attached Encroachment License Agreement and negotiated the terms of the agreement with Pulte Homes. The “license” can be revoked at any time with proper notice (60 days) to the Master Association (established by Pulte Homes). The license also requires the Master Association to be responsible for all work and costs to install and maintain the sign, retaining wall, fence Report Number: _____________ Agenda Section: _____________ Report Date 1/22/2015 Council Meeting Date 1/27/2015