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REQUEST FOR COUNCIL CONSIDERATION <br />Report Date: June 1, 2005 <br />Agenda Section: V1, A-E <br />Meeting Date: June 14, 2005 <br />ITEM DESCRIPTION: <br />Amendment to Amconr LLC Development Agreement <br />MANAGER'S REVIEW: <br />On May 31, 2005 Staff met with representatives of Amcon, LLC to discuss and negotiate a <br />possible amendment to the existing development agreement between the two parties. <br />As has been established in previous council discussions, the current development agreement <br />signed July 2003, between the parties obligated the developer to develop a 6000 square foot <br />restaurant on the front pad site to be substantially completed by September 1, 2004 or <br />totally completed by September 1, 2005. <br />The developer requested a change to the existing agreement to allow a mixed-use 4500 <br />square foot retail building on the pad site and the restaurant in the existing building. <br />In the negotiations with the developer on May 31, 2005, staff requested the pad site be <br />turned over to the city immediately in return for an amendment to the development <br />agreement which would allow the restaurant to not go on the pad site as originally planned. <br />The City staff as an alternative option requested a payment of $150,000 for an amendment <br />to the development agreement. This would allow the developer to construct the 4500 square <br />foot building in lieu of 6000 square feet and move the restaurant to the main building. <br />The developer is proposing a payment to the City in the amount of $100,000 to amend the <br />development agreement, which, would allow them to put the 4500 square foot building on <br />the front pad. The reduction in taxes because of the reduction in building size is estimated <br />at $4,418 per year. <br />Enclosed is a resolution amending the Development Agreement to allow for the amendment <br />to occur. If you agree to the amendment, you would vote in favor of the resolution and <br />follow up by voting for the three resolutions from the planning commission as well as the <br />Intoxicating Liquor License resolution. If you are not in favor of this amendment to the <br />Development Agreement, you vote against this amendment and then vote down the three <br />Planning Commission resolutions plus the Intoxicating Liquor License Resolution. <br />tial a V <br />I <br />Michael Morrison <br />City Manager <br />0 <br />