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6 <br />7 <br />10 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />City Council Regular Meeting Minutes <br />August 23, 2005 <br />Page 10 <br />Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by <br />nature. He stated that we have not wasted time; they have. He said he is not willing to settle. <br />He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500 <br />square feet. <br />Councilmember Stitle said we could put the project back out there. The market may dictate that <br />a restaurant does not belong on that site. Ile said he would like to see what the market says. <br />Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't <br />mean a restaurant doesn't belong there. It cleans to him that no one wants a 4,500 square foot <br />parcel. He said we have gone far down the road with this group; let them finish their work. <br />Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- <br />069, re: Amendment to the Development Agreement between City of St. Anthony and Arncon, <br />LLC. with payment of $50,000 to the City upon issuance of a permit. <br />Councilmember Thuesen requested clarification of the issue in front of them. <br />M1 <br />Mr. Tucci explained the $50,000 payment is upon execution ofthe amendment. 11e said they <br />would have approximately six weeks to file for a building permit and then eight m.onths fi�om the <br />approval of the permit to get the building done. Tf this is approved tonight, he said they are ready <br />to start the plans tomorrow. <br />Councilmember Horst asked if he was publicly stating that should this Developer's Agreement <br />be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out. <br />Mr. Morrison suggested specific dates be included in the Developer's Agreement. IIe reminded <br />the Council and the applicants that they must apply for a liquor license. <br />Councilmember Ilorst suggested removing the "whereas" point on the Resolution regarding the <br />pull tab operations. This point is in the Developer's Agreement. <br />Councilmember Stille raised the issue of the sixth "whereas" point regarding the issuance of <br />issuance of a building permit. Mr. Gilligan stated the building must have a certificate of <br />occupancy by June 1, 2006 and the Resolution should be changed to reflect this. <br />Aves - 3 Nays — 2 (Stille and 'Mavor I'aust). Motion carried. <br />D. Consider Resolution 05.066,_re: Anent Variance for building setback Ameon St. Anthon <br />(continued),. <br />Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution <br />05-066, re: Approving a variance for building setback for the development Located. at 2900 <br />Kenzie Terrace. <br />Aves — 3 Nays — 2 (Stille and Mayor Faust). Motion carried. <br />