08/27/2007 Council Packet - Laserfiche WebLink

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• • • AGENDA ITEM 6.D STAFF ORIGINATOR: Paul Bengtson C.C. MEETING DATE: August 27, 2007 TOPIC: Consideration of Resolution No. 07 -124: Russian Baptist Church • Performance Agreement Extension • Completion Date Extension VOTE REQUIRED: Simple Majority BACKGROUND 9/23/2002 The City Council approved the Site and Building Plans and Conditional Use Permit for the Russian Baptist Church per Resolution No. 02 -82 9/8/2003 The City Council approved an Extension of Time for the for the Site and Building Plans and Conditional Use Permit per Resolution No. 03 -148 7/11/2005 The City Council approved a 2nd Extension of Time for the initiation of construction, extending the deadline to September 23, 2005 per Resolution No. 05 -90 7/11/2005 The City Council approved a Site Improvement Performance Agreement for construction of the Russian Baptist Church per Resolution No. 05 -91 7/25/2005 The Site Improvement Performance Agreement was executed by the developer and the city with full financial guarantees submitted SITE IMPROVEMENT PERFORMANCE AGREEMENT The Site Improvement Performance Agreement includes a section requiring completion of all improvement within 18 months, which would have been January 2007. Due to some delays in construction the site was not `substantially complete' by that date. As the financial guarantees submitted by the developer never expired and construction was underway, staff did not identify the passing of this deadline until the Joint Powers Agreement for connecting to Shoreview water was researched. Because the Site Improvement Performance Agreement was approved by the City Council, it is necessary for the Council to take action on extending the agreement. Staff has identified that an extension to November 1, 2008 should be sufficient to complete construction on the site.