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HomeMy WebLinkAbout[04f] MOU - Future Sidewalk • Council Agenda Item [0411 MEETING DATE: July 1,2019 AGENDA ITEM: Memorandum of Understanding—Northland Dr. Sidewalk SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Memorandum of Understanding PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Ratcliff Development has submitted an application for site plan approval(reviewed administratively)to construct a Dollar General store to be located on the southeast corner of Northland Dr. and Elm St.E. The property was platted several years ago. A recent administrative lot split to accommodate the development was completed.A future sidewalk is planned along Northland Drive in the public right away abutting the property in accordance with the City Transportation Plan.Additionally,the City's Comprehensive Plan and zoning and subdivision ordinances require sidewalk connections for new developments.Historically,developers/property owners are responsible for the cost of sidewalks/trails.Generally,this is completed at time of improvements(new subdivision or reconstruction)and formalized in an agreement i.e. development agreement during platting. The City CIP includes future improvements to Northland Drive so sidewalk installation is planned to be completed at that time.A recent example is The Oaks on 20th multiple family development where the development agreement requires a future trail along 20th Avenue SE at the expense of the developer where it abuts the developer's property. The Memorandum of Understanding is presented for your consideration in place of the typical development agreement. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Memorandum of Understanding REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Memorandum of Understanding with Ratcliff Development LLC. Memorandum of Understanding oses only, over, under and This Memorandum of Understanding is entered on this day of 2019, by and between the City of St. Joseph, a Minnesota municipal corporation (hereinafter the "City"), and Ratcliff Development LLC, a Minnesota limited liability company (hereinafter"Developer"). Recitals: 1. The Developer is the owner of certain Real Property which is legally described in Exhibit A, (hereinafter called the "Property" or"Development" or"Development Property") attached hereto and made a part hereof; 2. The Developer has purchased the Property for commercial retail development; 3. The Property is situated on the southeast corner of Northland Drive and Elm Street East; 4. The City zoning and subdivision ordinances require developments to conform to City plans; 5. According to the City Transportation Plan, a future six feet or wider sidewalk is planned to be constructed in the public right of way along Northland Drive adjacent to the Property; 6. According to the City Comprehensive Plan, trail and sidewalk connections are a priority and include the following related goals and strategies related to development: Land Use Goal: Create neighborhoods that are well designed to attract residents. Strategy: Create a community that is connected, walkable, and safely accessible through sidewalks and streets. Develop connections between neighborhoods, parks, schools, businesses and community facilities. Transportation Goal: Plan, develop and maintain a safe and accessible multi-modal transportation system. Strategy: New development and redevelopment proposals shall require connectivity of streets and pedestrian facilities in all urban and suburban areas. Strategy: Connect and maintain an interconnected pedestrian and bicycle systems that links residential, institutional, educational, commercial, employment and recreational destinations. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants expressed herein, and other good and valuable consideration, IT IS HEREBY AGREED AS FOLLOWS: 1. A six foot or wider sidewalk meeting city specifications is planned to be constructed in the public right of way along Northland Drive adjacent to the Property. 2. The Developer is responsible for costs related to the construction of the sidewalk in the public right of way along Northland Drive adjacent to the Property at a future date as determined by the City. The parties have entered into this Memorandum of Understanding as of the date written above. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, City Administrator RATCLIFF DEVELOPMENT LLC By STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2019, by Rick Schultz and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph, a Minnesota municipal corporation, on behalf of said City. NOTORIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) This instrument was acknowledged before me on , 2019, by the of Ratcliff Development LLC, a Minnesota limited liability company on behalf of said company. NOTORIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL EXHIBIT A DEVELOPMENT PROPERTY PARCEL A The West 261 feet of Lot Two (2), Block Two (2), Indian Hill Park, as measured at right angles to and parallel with the West line of said Lot 2, according to the plat and survey thereof, now on file and of record in the office of the Stearns County Recorder.