HomeMy WebLinkAboutgr000990_000040_pg095Proposed amendment of Chapter 59 to add development controls provision. Mayor
Johnson asked if there was any need to take action on it this evening and Ad.
Achen replied that they could get along without it for another meeting. Attorney
Meyers said that he would appreciate some time to review it. Councilman Baumgartner
stated that it should be put on the agenda to talk about it.
Development contract for construction of Mermaid bowling alley. Chuck Hall, owner
of the Mermaid, stated that a performance bond would not be a problem but he cannot
get one until the Council passes on the contract.
Ad. Achen stated that the contractor estimated the cost of the external improvements
and came up with the round figure of $15,000 so a $20,000 performance bond would
seem to be reasonable.
Mir. Hall stated that under the circumstances to protect themselves this is probably
proper. He felt that it was fair.
Ad. Achen stated that if the contract is satisfactory, he recommended the Council
approve the execution of the contract and issuance of the building permits subject
to receipt and execution of the contract by all parties of interest.
Attorney Meyers reconanended that the fee owner should consent to the terms of this
contract and make provisions for his signature also. He had a proposed contract
and felt it would be well to go over it for a few minutes. It was an agreement
between the city and the developer. He read and explained the agreement to the Council.
Mayor Johnson asked if they were relying on street drainage for all of the drainage.
Engineer Bearden replied that there are two catch basins that take a lot of water.
Mayor Johnson asked if the weirs could be shaped so that the water will hit the
catch basin?
Mr. Hall stated that he could see no problem.
The question arose as to whether the fees should be the same as when the original
building permit was issued?
Councilman Pickar: Agree in priciple.
Councilman Shelquist: Contract ties down that he will adhere to the ordinances
that exist as of this time. With this understanding I feel that the fees should be as
in accordance with the original approval.
Councilman Hodges: Agree.
Councilman Baumgartner: Agree.
Mayor Johnson: Agree
MSP (Johnson - Shelquist) that we authorize the Mayor and Clerk - Administrator to sign
the develowent contract subject to the receipt of all applicable fees, receipt
for approval by the City Attorney of the performance bond, receipt of the proper
legal description and subject to the execution of the development agreement by all
parties of interest for the demised premises. Further, that the applicable fees
due under the development agreement be those fees that were applicable at the time
when the original building permit was issued. 5 ayes
Mr. Hall asked whether Section 30 of the contract requires a specific period of
time that the bond has to be in force?
Attorney Meyers answered that Section 24 of the contract provides that the development
contract will be completed when the Council determines that all of the terms have
been met. The bond must be in force until that time.
Mr. Hall asked if the Council has approved scene amount. Mayor Johnson replied that
under our new fee regulations, we have the ability to charge for our direct added costs.
Mayor Johnson asked if Hall would be willing to pay direct expenses incurred by the
city since he was charged the old building permit fee. Administrator Achen asked
the city attorney and engineer to estimate their fees for this development. Atty Meyers
stated that his fee would be about $300. Eng. Bearden stated that there would be very
little inspection required. Mr. Hall asked if it would be more than $500 and Ad.
Achen answered that it would be about $500. Mr. Hall stated that as long as these
costs would not exceed $500, he is willing to repay the City for them in consideration
of the Council's willingness to let him pay the old fee rates, rather than the new
higher ones.