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City Council Regular Meeting Minutes August 23, 2005 Page 10 Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by 1Z nature. He stated that we have not wasted time; they have. He said he is not willing to settle. 3 He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500 4 square feet. 6 Councilmember Stille said we could put the project back out there. The market may dictate that 7 a restaurant does not belong on that site. He said he would like to see what the market says. 9 Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't 10 mean a restaurant doesn't belong there. It means to him that no one wants a 4,500 square foot 11 parcel. He said we have gone far down the road with this group; let them finish their work. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 069, re: Amendment to the Development Agreement between City of St. Anthony and Amcon, 15 LLC. with payment of $50,000 to the City upon issuance of a permit. 16 17 Councilmember Thuesen requested clarification of the issue in front of them. 18 19 Mr. Tucci explained the $50,000 payment is upon execution of the amendment. He said they 20 would have approximately six weeks to file for a building permit and then eight months from the 21 approval of the permit to get the building done. If this is approved tonight, he said they are ready 22 to start the plans tomorrow. �+ Councilmember Horst asked if he was publicly stating that should this Developer's Agreement 25 be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out. 26 27 Mr. Morrison suggested specific dates be included in the Developer's Agreement. He reminded 28 the Council and the applicants that they must apply for a liquor license. 29 30 Councilmember Horst suggested removing the "whereas" point on the Resolution regarding the 31 pull tab operations. This point is in the Developer's Agreement. 32 33 Councilmember Stille raised the issue of the sixth "whereas" point regarding the issuance of 34 issuance of a building permit. Mr. Gilligan stated the building must have a certificate of 35 occupancy by June 1, 2006 and the Resolution should be changed to reflect this. 36 37 Ayes — 3, Nays — 2 (Stille and Mayor Faust). Motion carried. 38 39 D. Consider Resolution 05 -066, re: Adopt Variance for building setback Amcon St Anthony 40 (continued). 41 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution 42 05 -066, re: Approving a variance for building setback for the development located at 2900 43 Kenzie Terrace. 44 Ayes — 3, Nays — 2 (Stille and Mavor Faust). Motion carried.