Laserfiche WebLink
Occupancy and related fire and building code inspections, and another inspection for the set of <br />issues related to the public utilities improvements. He clarified that approval of the Certificate of <br />• Occupancy inspection allows the building to be used even if the public utilities have not been <br />accepted by the City. He stated he has not seen the second list of issues being addressed but the <br />Council could compile a list of issues with the indication that the public utilities would not be <br />accepted until the issues are resolved. A second list could be identified that should be tied to the <br />Certificate of Occupancy process. <br />City Attorney Long noted the issues identified in the resolution are from the development <br />agreement and not Certificate of Occupancy items. He restated there are two separate stages, a <br />Certificate of Occupancy inspection and acceptance of the public improvements. He stated the <br />Council could lay over the resolution being considered tonight which would not prevent the <br />building from occupancy as long as the Certificate of Occupancy inspection is approved and <br />Certificate of Occupancy issued. <br />City Attorney Long stated Section 24 of the PUD requires a site improvement agreement to be <br />signed and that was done. The Development Agreement also contains issues which need to be <br />met or a bond posted until they are met. <br />Council Member Thomason stated she would be comfortable if the issues only related to the <br />public utilities but, since there is an outstanding MPCA violation, she would be remiss to <br />- consider approval since a higher agency prevails. She stated she would add that issue to the list; <br />to require satisfactory sign off by the MPCA that there are no outstanding violations. <br />Mr. Smith stated he is hearing that the Council wants to be sure aII issues that need correction are <br />corrected. He stated they are ahead of schedule and since there are some concerns the resolution <br />could be tabled tonight to assure the Council's concerns are addressed. He noted they could still <br />proceed with the Certificate of Occupancy process during which time most of the issues <br />contained in the resolution will be resolved. <br />Community Development Director Jopke stated the Certificate of Occupancy issues have been <br />separated from the public improvement issues and the Certificate of Occupancy will be issued <br />only when the Code Inspector is satisfied. <br />City Attorney Long explained the resolution items are different from the Certificate of <br />Occupancy and PUD issues. The City has an obligation to inspect the building according to the <br />Building Code and if it is approved there is no process to consider denial. The public utility <br />issues can be considered and if not addressed a bond can be required. He noted a performance <br />bond for 150% of the cost should have been posted prior to the time construction began. He <br />stated if that has not been posted, it needs to be posted now. <br />Acting Mayor Stigney asked when the bond will be posted. Community Development Director <br />Jopke stated the Development Agreement requires that it be provided up front but it was not <br />11 C: ADMIN\MINUTES\CC\5-10-99.CC <br />