05/13/2002 Council Packet - Laserfiche WebLink

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• COUNCIL MINUTES APRIL 8, 2002 Regarding the concern of fairness to other developers, City Engineer Studenski noted this type of request is driven by the developer and the City is simply responding to that request. Councilmember Dahl asked if the City could have denied the petition to install the improvements. City Engineer Studenski stated this would be an option, however, it is not outside normal practice for the City to agree to this type of request. City Attorney Hawkins suggested if the Council is concerned about this policy they review the City's local improvement policy and consider the elimination of this financing option. Councilmember Dahl requested confirmation that the reason the City agreed to this project was because the option is available per City policy. Community Development Director Grochala responded affirmatively. He noted it has been standard practice for the City to agree to these types of requests and noted other recent 429 projects within the City. Mayor Bergeson stated in some cases it is appropriate for the City to take the lead on development projects. He felt the primary concern in this case was the size of the project and the amount of money required in the letter of credit. Councilmember Dahl expressed appreciation to staff for supplying the Council with copies of the development agreement on such short notice. • Motion carried 4 -1, Councilmember Carlson opposed. Resolution No. 02 -28 can be found in the City Clerk's office. Consideration of Resolution No. 02 -29, Authorizing execution of Site Improvement Performance Agreement with TCF Bank, Michael Grochala — Community Development Director Grochala advised the City Council approved the site and building plans for the TCF Bank, with conditions per Resolution No. 02 -11 on March 11, 2002. A revised set of plans incorporating the required modifications prepared by Shea Architects, dated March 26, 2002, was received by the City on March 27, 2002. Community Development Director Grochala indicated, in accordance with the site and building plan approvals, staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing 35 percent of the site improvement costs to ensure completion of the project in accordance with the approved plans. 2. Waiver of procedure and appeal of special assessments for the Lake /Apollo Drive Improvements up to an amount of $51,411.89. 3. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. 10