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City Council Regular Meeting Minutes May 23, 2006 Page 8 1 Mayor Faust stated it behooves us all to cooperate with the project. He encouraged residents to 2 keep at it with an open mind, since this is a minimally invasive and less costly effort than 3 noncompliance. 4 5 Motion by Councilmember Horst, seconded by Councilmember Gray, to approve the first 6 reading of Ordinance 06 -002; 400.14 Prohibited Discharges into Sanitary Sewer System. ° Motion carried unanimously. 9 10 D. Request from Developer to extend the Deadline for the Development Agreement between 11 the City of St. Anthony and Amcor (Motion Only,) 12 13 City Manager Momson presented a request from Mr. Robert Foster who represents the St. 14 Anthony Restaurant Group. Mr. Foster requests a 30 day extension to obtain a certificate of 15 occupancy. On August 23, 2005 the Council approved a resolution to give the developer an 16 extension to until June 1 to obtain a certificate of occupancy to complete the restaurant. At that 17 time the Council also agreed to reduce the size of the restaurant from 6,000 square feet to 4,500 18 square feet. The developer paid $50,000 for the delay at that time. 19 20 City Manager Morrison included background information in the packet to the Council members. 21 A letter from the City Attorney identifying the City's legal obligations is part of this packet. He 22 noted there is quite a history with this project going back several years. City Manager Morrison 23 offered three motions for the Council to consider: approve a 30 day extension, approve a 30 day 24 extension with a monetary penalty, or table the request and do nothing until June 1 and talk to 25 the City Attorney about options at that time. 26 27 Mayor Faust invited Mr. Foster to address the Council. 28 29 Mr. Foster addressed the City Council along with Mr. Peterson, the restaurant owner. He 30 explained that in August 2005, the expectation was for Amcon St. Anthony, LLC and the 31 contractor to complete and turn over the building on or about February 1, 2006. Mr. Peterson did 32 not anticipate being before the Council again asking for an extension. Pursuant to its lease 33 agreement with Mr. Peterson, who is doing business at St. Anthony Restaurant Group, Inc., the 34 building would be turned over on or about February 1. 35 36 Mr. Peterson told the developer he anticipated it would take him three months to complete the 37 lease -hold improvements and obtain a certificate of occupancy. The developer did what they 38 were supposed to do. The shell of the building was completed on February 1 and turned over to 39 Mr. Peterson. When he took over the building on February 1, he applied for a license from the 40 State Health Department and for a plumbing license. Mr. Peterson paid the additional fee to 41 expedite the process. Twice the State of Minnesota plumbing licensing department told Mr. 42 Peterson his applications had been lost. It took nearly two months to get the license. This delay 43 caused the project to stop. Mr. Foster stated this was not the fault of the developer or Mr. 44 Peterson, rather the fault of the State of Minnesota Licensing Department. 45 46 Mr. Peterson is also a roofmg and general contractor in addition to being the restaurateur. He is 47 working diligently to complete the project. The building is currently framed, sheet rocked, ready