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November 8, 1076 Page 10 <br />ENGINEER HUBBARD had no report. <br />ADMINISTRATOR ACHEN'S REPORT Administrator Achen stated that <br />the Council has received an opinion from the City Attorney <br />regarding the authority of the Planning Commission and City <br />Council in granting variances. This matter came up during the <br />last subdivision application. <br />Administrator Achen suggested that the meeting set for November 18 <br />also be used to review the Metro Council's Modest Cost Private <br />Housing Proposal report. He asked that each Councilmember make <br />written comments on this so they can be consolidated and reviewed <br />jointly on the 18th with the Planning Commission. This is an <br />important issue to the City and may have some baring on our <br />zoning and subdivision code. If the Council comes up with some <br />kind of formal comments these can be submitted to the Metro <br />Council for their consideration. <br />Administrator Achen stated there have been a few instances where <br />the City receives negotiable instruments from development firms <br />as security for the development agreement. The most appropriate <br />way to handle this is to deposit them in an escrow account. <br />Administrator Achen recommended the Council set up a savings <br />account at the bank and deposit these securities so they can <br />draw interest. Once the agreement is made the City can return <br />the security along with the interest to the developer. These <br />negotiable instruments are things such as certified checks or <br />money orders. Admin. Achen stated that the vast majority of the <br />developers follow the agreement and it is only fair to treat it <br />this way. The City does have an existing savings account, but for <br />bookkeeping purposes Admin. Achen recommended a separate one be <br />set up. <br />Attorney Meyers stated that the Council has adopted ordinances <br />for many of the funds but this may be done by resolution. He <br />feels this is more of a bookkeeping entry. <br />Administrator Achen stated that if the developer does default <br />and the City claims part of the money, it would go into the <br />general fund. This doesn't need to be a separate fund, but <br />simply an escrow account within the general fund. Administrator <br />Achen suggested that since the Council has no objections, the <br />Attorney draw up a resolution for the next council meeting. <br />COUNCILMEMBER ROWLEY had nothing to report. <br />COUNCILMEMBER SHELQUIST had nothing to report.. <br />COUNCILMEIBER HODGES had nothing to report. <br />COUNCILMEMBER BAUMGARTNER had nothing to report. <br />