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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(651) 766 -4029 / FAX: (651) 766 -4048 <br />www. ci.li ttle -canad a.mn. us <br />MEMORANDUM <br />MAYOR <br />Bill Blesener <br />COUNCIL <br />Rick Montour <br />John Keis <br />Michael McGraw <br />Shelly Boss <br />ADMINISTRATOR <br />Joel R. Hanson <br />TO: Mayor Blesener and Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: March 7, 2014 <br />RE: Little Canada Road Malls (Thunder Bay Mall) — Development Agreement - <br />At our last meeting, staff was directed to prepare a development agreement to ensure the proposed <br />improvements occur within the approved time frames. As you will recall, one of the concerns of the <br />expressed by the Developer's representative was for some additional time to complete the landscaping <br />improvements for the property. One of these improvements involved stabilization of the sidewalk along <br />Little Canada Road for a portion of the property's frontage. <br />Staff has not yet had a chance to review this with the Developer, but the concept that may make sense <br />would involve doing the sidewalk work as a public improvement on a cost sharing basis with the <br />developer. Given the sidewalk is in the public right -of -way, we have the legal basis to conduct this as a <br />public improvement project pursuant to Minnesota Statutes Chapter 429. Staff would also propose a <br />50/50 cost sharing arrangement for this work conditioned upon the Developer's agreement with the <br />following: <br />• Sidewalk work would take place in 2014, possibly in conjunction with the Veterans Memorial <br />project. <br />• The Developer would agree not to appeal the special assessment and will fully cooperate in the <br />improvement process, including granting any easements that may be needed for the sidewalk <br />corrections. We would provide an accurate estimate of the proposed assessment so the <br />Developer knows his potential exposure. <br />• By the City undertaking a public improvement for the sidewalk work, we will have alleviated a <br />significant financial burden (50% of the project costs) and financed the remaining 50% <br />(tentatively proposed at a 5 year term at 4.25% interest) for this portion of the Developer's <br />landscaping proposal. In return for this assistance, we require the developer to complete the <br />remaining landscaping work this year (October 31st) <br />I will attempt to propose this concept to the Developer before Wednesday's meeting and then report <br />back that night. I will also make this offer subject to your approval. If the Council or the Developer <br />does not agree, then a more straightforward agreement will be drafted and some type of financial <br />surety will be needed to guarantee compliance. <br />