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City Council Regular Meeting Minutes August 23, 2005 Page 6 1 are driving, they can see the light coming out, but won't be able to see in. The canopies will 2 match as well as the wall sconces. It will give the feeling that it is a four-sided building. 3 4 Mayor Faust noted that without the amendment to the Developer's Agreement, the variances are 5 needless to approve. He stated these request should be held. The request for the Amendment to 6 the Developer's Agreement, Item VII. A. must be moved up to the next item for discussion. 7 8 VII. GENERAL BUSINESS OF COUNCIL 9 A. Resolution 05-069, Amendment to developer's agreement with Amcon St. Anthony_ 10 Mr. Momson explained a letter was presented to him before the meeting that states the applicant 11 will provide the City with $50,000 to amend the Agreement. He said he had a letter from legal 12 counsel that outlines the City's options. He noted eight resolutions were prepared for 13 consideration for this item. 14 15 Councilmember Horst questioned if the agreement is amended as stated, whether the developer 16 would have eight months to complete the project with the same kind of terms that the City would 17 take the property back if this provision isn't met. Mr. Momson said this is something that could 18 be negotiated. It is not stated now. 19 20 Councilmember Horst said that based on the track record, it should be included. Mr. Momson 21 said that if the Council chooses to proceed on that, it should be included in the motion and 22 specific terms should be noted. 23 24 Councilmember Gray asked for an explanation for the difference of$50,000 being offered now 25 and $150,000 offered in June to amend the agreement. Mr. Tucci explained in June they were 26 asking for a major modification. Now they are back to the originally approved plan, basically. 27 He said they had a discussion with Ehlers on the reduced tax amount to the City due to the 28 building size, and the impact was under$1,000 per year. They tried to estimate what the tax 29 implication was and determined the amount of$ 50,000. The taxes should have already been 30 paid for a year on this project. 31 32 Mr. Tucci explained in regards to landscaping with this building they have an integrated 33 landscape plan to integrate what the City will do in the right of way. At the Planning 34 Commission meeting, there was discussion that the developer needs to make sure the sidewalk 35 going around the building connects. That was left to discussion with Staff. He suggested that 36 Guy with Village Pub can explain further. He said they learned from the last proposal that this 37 body seems to have a preference to have the restaurant on the pad where it was first approved. 38 They also learned that the Council was concerned that it would become more of a pub at 3,500 39 square feet. At 6,000 square feet, it seemed too big for a restaurant, so they now arrived at a size 40 of 4,500 square feet. He said they will specify in the lease that a 50/50 ratio of liquor and food 41 sales must be maintained. The architect is ready to start drawings tomorrow if this is approved. 42 He said he would like to begin the site prep work tomorrow. He noted the condition of having 43 the project complete in eight months was an oversight on his part. 44 45 Bob Foster, attorney for applicant and resident, said he asked Guy Peterson of Jackson Street Bar 46 and Grill to attend the meeting. He invited Mr. Peterson to explain why it will be a 47 neighborhood restaurant rather than a bar.