04/08/2002 Council Minutes - 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 (pursuant to Mi tatute Section 429) within the City. Mayor Bergeson stated in some cases it is appropriate for th projects. He felt the primary concern in this case was the si required in the letter of credit. e the lead on development project and the amount of money Councilmember Dahl expressed appreciation to ata .r sup lying the Council with copies of the development agreement on such short notice. Motion carried 4-1, Councilmember Carlson osed. Resolution No. 02-28 can be found in t erk's office. Consideration of Resolution No. t -29, ut ruing execution of Site Improvement Performance Agreement with T , Michael Grochala — Community Development Director Grochala advised the City a° ' x... 'r... e site and building plans for the TCF Bank, with conditions per Resolution No. 1 1 March 11, 2002. A revised set of plans incorporating the required modifications prepare.y 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. 10