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Item No. <br /> Staff Report No. <br /> Meeting Date: May 10, 1999 <br /> Type of Business: CB <br /> WK: Work Session;PH:Public Hearing; <br /> CA:Consent Agenda;CB:Council Business <br /> City of Mounds View Staff Report <br /> To: Honorable Mayor& City Council <br /> From: Rick Jopke, Community Development Director <br /> Item Title/Subject: Consideration of Resolution No. 5339 Accepting the Public <br /> Improvements at the Theater Project <br /> Date of Report: May 6, 1999 <br /> Background: <br /> The Development Agreement which the City entered into with Anthony Properties Management, <br /> Inc. and Louise O'Neil requires that the developer construct certain improvements including <br /> street, grading, drainage, landscaping, and other public improvements as part of the project. <br /> Section 2.09 of the agreement indicates that upon completion of the improvements, <br /> representatives of the City and the developer will make a final inspection of the work. The City <br /> . has no obligation to accept the improvements if they are not consistent with the approved plans <br /> or not in compliance with all City ordinances and standards related thereto. Final approval and <br /> acceptance of the improvements shall be by a resolution duly adopted by the City Council. <br /> A draft Resolution No. 5339 accepting the public improvements is attached for City Council <br /> consideration. <br /> Discussion: <br /> The developer has indicated that the projected opening of the theater is May 17, 1999. If that is to <br /> happen the City must issue a Certificate of Occupancy prior to that date. City staff is in the <br /> process of doing inspections to ensure compliance with codes, standards and plans. The <br /> developer is working to address all the issues that are being identified. <br /> Mike Ulrich has reviewed the public improvements and has indicated that there are some issues <br /> yet to be resolved relating to the street and utilities. Those issues are outlined in the attached <br /> memo. <br /> The attached draft Resolution No. 5339 accepts the public improvements contingent upon all of <br /> the issues outlined by Mike Ulrich as well as other issues identified by staff being addressed. The <br /> resolution also requires cash, bond or other surety to ensure that the identified issues are <br /> addressed. Staff also would only issue a temporary Certificate of Occupancy if all issues are not <br /> addressed prior to the theater opening. A bond or other surety would also be required with a <br />