08-28-2000 CC - Laserfiche WebLink

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Mounds View City Council August 14, 2000 Regular Meeting Page 9 Planning Associate Ericson stated, at this point, staff believes the configuration and location of the storm water pond will be revised somewhat prior to Rice Creek Watershed District consideration. Council Member Marty asked to be notified of the date it will be considered by the Rice Creek Watershed District. Mayor Coughlin asked what the timeline is for construction of these two buildings. Mr. Cunningham stated they will commence construction of the Walgreens building as soon as all approvals are in place, including the Rice Creek Watershed District and recording of the plat. He estimated that will be late September. He explained that negotiating the Culver’s Restaurant has become a longer process due to their process for finding a qualified franchisee. He estimated that construction will occur in late spring. Mayor Coughlin asked if there is a way to require timelines to assure the restaurant pad is occupied within a certain time frame. Planning Associate Ericson stated a clause can be included, noting construction can be phased with a stipulation that within 30 days after final City approval and execution of the contract, the developer must obtain a building permit for the first phase. However, there is no requirement on when the second phase must be started but, perhaps, that language could be added. Planning Associate Ericson noted the consideration tonight is only for the Walgreens site. Council Member Marty stated his support to include that language to ensure a Culver’s Restaurant or some type of restaurant is constructed. Planning Associate Ericson noted if the marketplace changes and the developer cannot get a restaurant, he would be concerned about the requirement to construct something within a given time frame. Mayor Coughlin suggested the term “reasonable amount of time” be included in the clause. He stated the Council knows that negotiating such a development can take time. Planning Associate Ericson noted some final input that is needed with the development agreement and stated the finalized document can be brought before the Mayor and/or Council, or the Council could so direct staff to finalize the document. Council Member Stigney stated he is concerned that the Walgreens will be part of the corporation or a subentity of Walgreens. He asked if a bankruptcy should occur, would it be against the Walgreens Corporation or just this Walgreens location. Mr. Cunningham stated the building will be owned by an entity of TOLD Development with a lease agreement between TOLD Development and Walgreens. Council Member Stigney asked what guarantee TOLD Development can provide if things do not go as planned in several years.