2024-08-28 CC Packet - Laserfiche WebLink

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In November of 2020, a second reduction in the LOC was approved by the city council, with the final lift of asphalt and rip rap now in place. The remaining LOC was set at $112,500. The analysis again showed that money was being held for the incomplete landscaping and shoreline plantings, plus a small amount for a missing section of rip rap. 2021 First Notice of Default Punch lists were sent to the developer on 4/13 and 4/22 of 2021, again, noting the delinquent work. After working with the developer during the summer of 2021 to try to address the remaining items, it became apparent that the work was not getting done. On August 4, 2021, city staff sent a letter to the developer giving notice of default on the terms of the development agreement. Rip Rap After waiting more than a year for the missing rip rap to be installed in front of the home at 7200 LaValle Drive, the homeowner hired their own contractor and had it installed per the plan. 2022 Second Notice of Default On June 15, 2022, a second notice of default was issued to the developer, again noting the incomplete work. 12-Foot Wide Native Planting Strip In the latter part of the summer of 2022, the developer hired a contractor to install the plantings in the 12-foot strip along the top of the rip rap. It is our understanding that the contractor made one follow-up visit, later that year. The requirements of the landscape plan were much more extensive, requiring up to 5 visits during the one-year maintenance. As a result, the plants did not establish in all areas. 2023 No significant progress was made on the outstanding items in 2023. 2024 Third Notice of Default On April 23, 2024 a third notice of default was issued to the developer, again repeating the same unfinished work. In early 2024, the developer allowed his letter of credit to expire and has not made any effort to renew it. The city does still have an escrow account established by the developer with approximately $22,000 remining in it. After repeated requests for the developer to provide follow-up care for the planting beds resulted in no action, some homeowners became impatient and, in the spring of 2024 replanted their 12-foot strip of native plants. These elements of the plan are all essential to the project, given that this development was completed through a Planned Unit Development (PUD), where zoning requirements were relaxed in exchange for enhanced features, such as those described in the landscape plan.