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Item No. 9 Staff Report No. Meeting Date: 9/8/98 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Review of Development Agreement with Anthony Properties Management/Louise O'Neil for the Proposed Theater Development Date of Report: September 4, 1998 Summary: The City Council has reviewed a previous draft of the development agreement prepared by the City Attorney's office concerning the proposed theater development. The developer has returned a signed copy of an amended version of that agreement. City staff had some concerns with some of amendments which the developer made to the agreement and with some of the details of the design of the new street which the developer submitted. Further discussions with the developer have resulted in further changes to the development agreement and an extension of the time for the development agreement to be fully executed from August 13, 1998 to September 14, 1998. The major provisions of the current development agreement include the following: 1. The developer will construct at its sole expense the new public street through the site. This street will be constructed to city standards and dedicated as a public street when the property is platted in the near future. The City can withhold a certificate of occupancy to insure that the project is completed to its satisfaction. City staff has some concerns because the design of the street and how the drainage is handled is not consistent with current city standards and could led to maintenance and ice problems. In discussions with the developer's engineer it was determined that the design details in question were proposed in response to the Rice Creek Watershed District. Staff has discussed our concerns with Rice Creek Watershed District staff and they have indicated that if problems arise the City can approach the watershed district about changes and that there may be funding available from the watershed district to do the necessary corrections. In the meantime the City will do normal maintenance and snowplowing and the developer will be responsible for any additional plowing and maintenance which is necessary to maintain safe conditions on the site. 2. The City will be responsible for designing, state approval process, and the construction of the new signalized intersection. The City agrees to use its best faith efforts to complete the intersection in a timely manner. The developer has expressed concerns that the Theater may be complete before there is adequate access to the site and has asked that the City guarantee access to the site (such as access to County Road H2)when the theater is ready to open. Because of the uncertainty of the time needed to develop plans and getting them approved by the state and the uncertainty of when the frost will be out of the ground in the spring, it is likely that the