Title
Approving a resolution to amend the Amended and Restated Comprehensive Development Agreement for Lakeside Municipal Utility District No. 5, and authorizing the City Manager to execute the same.
Summary
Lakeside Municipal Utility District No. 5 was originally approved in 2004 and has been amended several times since its original adoption. The proposed amendment is primarily related to the North Cottonwood Creek Wastewater Interceptor System, which is a privately owned and maintained interceptor that will be constructed by Lakeside Municipal District (MUD) No. 5, but will provide capacity to serve other Municipal Utility Districts in the area - Service Areas A and B - and will allow the City to participate in up-sizing for additional capacity that may be necessary for the City to provide service to other portions of the City's Certificate of Convenience and Necessity Area (CCN). This interceptor is a portion of the “New Sweden Interceptor” as outlined in the City’s adopted Wastewater Master Plan, attached separately. As development continues to occur on the east side of State Highway 130, the City will continue to explore ways to construct the other segments of the wastewater interceptor to eventually terminate at the New Sweden Lift Station or New Sweden Wastewater Treatment Facility when it is online in the future. As this portion of the interceptor would be primarily owned by Lakeside Municipal Utility District No. 5, the City would only pay for any capacity that would need to be reserved for customers outside of the Municipal Utility Districts intended to be served by this interceptor and not pay to construct this entire section of the New Sweden Interceptor.
In additional to the North Cottonwood Creek Wastewater Interceptor System addition to the existing development agreement, there were also a few minor amendments to the overall development agreement based on how the development has changed since its original adoption. Those amendments are listed below:
1. Public Parkland owned and maintained by the MUD will be required to post fiscal surety with each phase of the development;
2. 4.3.3 of the Unified Development Code has been modified in this agreement to not require the 100' setback for residential amenities from a residential lot so long as a buffer is planted to ensure harmonious development; and
3. Due to the increase in the number of lots, it's likely that the development's approved Traffic Impact Analysis will be required to be amended, therefore may require that additional roadway infrastructure payments are paid to the city for those additional units. The agreement has been updated to reflect this contemplated change.
All of the changes to the text in the development agreement are shown in the attached supporting documents highlighted in yellow with the exception of the addition of the North Cottonwood Creek Wastewater Interceptor (Exhibit C), which is a completely new exhibit being incorporated into this amendment. The remaining text that is not highlighted was previously approved through one of the prior City Council actions for this agreement.
This item is supported by the Infrastructure pillar of the Strategic Plan.
Prior City Council Action
November 22, 2004 - Original Development Agreement approved.
July 3, 2006 - Development Agreement amendment approved.
May 28, 2019 - Development Agreement amendment approved.
November 14, 2023 - Development Agreement amendment approved.
Deadline for City Council Action
Staff is requesting action at the January 14, 2025 meeting.
Funding Expected: Revenue __ Expenditure __ N/A __
Budgeted Item: Yes __ No __ N/A __
Amount: ________
1295 Form Required? Yes __ No __
Legal Review Required: N/A __ Required __ Date Completed: July 26, 2024
Supporting documents attached:
Resolution
MUD 5 Development Agreement
Wastewater Master Plan
Recommended Action
Staff is recommending approval as presented.