gr000990_000040_pg095 - Laserfiche WebLink

Home Browse Search

Proposed amendment of Chapter 59 to add development controls provision. Mayor Johnson asked if there was any need to take action on it this evening and Ad. Achen replied that they could get along without it for another meeting. Attorney Meyers said that he would appreciate some time to review it. Councilman Baumgartner stated that it should be put on the agenda to talk about it. Development contract for construction of Mermaid bowling alley. Chuck Hall, owner of the Mermaid, stated that a performance bond would not be a problem but he cannot get one until the Council passes on the contract. Ad. Achen stated that the contractor estimated the cost of the external improvements and came up with the round figure of $15,000 so a $20,000 performance bond would seem to be reasonable. Mir. Hall stated that under the circumstances to protect themselves this is probably proper. He felt that it was fair. Ad. Achen stated that if the contract is satisfactory, he recommended the Council approve the execution of the contract and issuance of the building permits subject to receipt and execution of the contract by all parties of interest. Attorney Meyers reconanended that the fee owner should consent to the terms of this contract and make provisions for his signature also. He had a proposed contract and felt it would be well to go over it for a few minutes. It was an agreement between the city and the developer. He read and explained the agreement to the Council. Mayor Johnson asked if they were relying on street drainage for all of the drainage. Engineer Bearden replied that there are two catch basins that take a lot of water. Mayor Johnson asked if the weirs could be shaped so that the water will hit the catch basin? Mr. Hall stated that he could see no problem. The question arose as to whether the fees should be the same as when the original building permit was issued? Councilman Pickar: Agree in priciple. Councilman Shelquist: Contract ties down that he will adhere to the ordinances that exist as of this time. With this understanding I feel that the fees should be as in accordance with the original approval. Councilman Hodges: Agree. Councilman Baumgartner: Agree. Mayor Johnson: Agree MSP (Johnson - Shelquist) that we authorize the Mayor and Clerk - Administrator to sign the develowent contract subject to the receipt of all applicable fees, receipt for approval by the City Attorney of the performance bond, receipt of the proper legal description and subject to the execution of the development agreement by all parties of interest for the demised premises. Further, that the applicable fees due under the development agreement be those fees that were applicable at the time when the original building permit was issued. 5 ayes Mr. Hall asked whether Section 30 of the contract requires a specific period of time that the bond has to be in force? Attorney Meyers answered that Section 24 of the contract provides that the development contract will be completed when the Council determines that all of the terms have been met. The bond must be in force until that time. Mr. Hall asked if the Council has approved scene amount. Mayor Johnson replied that under our new fee regulations, we have the ability to charge for our direct added costs. Mayor Johnson asked if Hall would be willing to pay direct expenses incurred by the city since he was charged the old building permit fee. Administrator Achen asked the city attorney and engineer to estimate their fees for this development. Atty Meyers stated that his fee would be about $300. Eng. Bearden stated that there would be very little inspection required. Mr. Hall asked if it would be more than $500 and Ad. Achen answered that it would be about $500. Mr. Hall stated that as long as these costs would not exceed $500, he is willing to repay the City for them in consideration of the Council's willingness to let him pay the old fee rates, rather than the new higher ones.