Agenda Packets - 1998/09/28 - Laserfiche WebLink

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ui /AiFHGVLU Page 10 September 14, 1998 Mounds View City Council MOTION/SECOND: Stigney/Koopmeiners to amend the Development Agreement: In the form of Paragraph 3.12, Traffic Control, stating: The Developer will be responsible for any additional traffic control costs associated with the Theater Project. Wendell Smith, representing Anthony Properties, voiced his strong objection to adding new conditions to an agreement that had already been signed and executed by one of the parties to the agreement. He stated at this point in the project, "the last hour", it was very unfair for the Council to put additional constraints on the project. Stigney stated the Developer has indicated there will be no traffic problems relating to the Theaters opening. In light of this statement,they should have no objection to making an agreement that they would be responsible for the costs of any traffic problems that might occur. Gunn suggested putting a time limitation on the amendment, "conditioned on the installation of the traffic control. If the traffic light does not go in on time, and they (The Theater)have to use H2, then the developer pays for the extra traffic control, should it be needed. Stigney stated his continuing concerns about traffic problems that would be created by the Theater even when the signalized intersection is completed. Mayor McCarty expressed concerns about requiring a private developer to furnish traffic control personnel on a state highway and a county road. Attorney Long stated the City could have its police department do the work and then bill the Theater for this cost. Mr. Smith reminded the Council that Anthony Properties had already committed to "work with the City" in dealing with any traffic problems that might arise from opening the Theater early. He added the City still has the leverage of not issuing an occupancy permit if a"working agreement" cannot be reached to deal with traffic problems relating to the signalized intersection. Mayor McCarty stated the signalized interaction is a"two-way gain." Not only will the Theater Project benefit from the intersection, but the City's New Community Center also stands to benefit greatly. He suggested that the maker of the motion for the amendment and the seconder agree to limit the requirement to the installation of the signalized intersection. Stigney stated the costs for the intersection are not being shared equally by the developer, as they should be. He added the signalized intersection does not guarantee that traffic problems will not occur as a result of the Theater being open for business. The Developer should be responsible