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REQUEST FOR COUNCIL CONSIDERATION Report Date: May 15, 2006 Meeting Date: May 23, 2006 Agenda Section: V1, D ITEM DESCRIPTION: Make a motion the request to extend the deadline for development agreement between City of St. Anthony and Amcon. rTiANAGER'S REVIEW: Enclosed in the Council packet is a letter from Mr. Robert, Foster re resenting St. Anthony Restaurant Group. In the letter, Mr. Foster is asking for a 30 -day extension to obtain a certificate of occupancy. The Council at the August 23, 2005, council meeting approved Resolution 05-069, which provided the developer the extension to June 1, 2006, to complete construction , obtain a certificate of occupancy to reduce the restaurant size to 4500 square feet from 6000 square feet. In return for the extension and the reduction in size the developer provided the City with a payment of $50,000. I have asked the City Attorney, Jerry Gilligan to provide a legal opinion on this request. As I see it the council has three options: Make a motion to give them a 30 -day extension Make a motion to give them a 30 -day extension with a financial penalty for the extension Do nothing tonight and at the June 13 2006 council meeting evaluate legal OptionswithCityAttorney to hold them to the June Vt date. I have enclosed the following documents from the August 23, 2005, meeting: the City Council meeting minutes; the legal opinion from the City Attorney; and the request from the Developer. Make a motion to extend the deadline for the development agreement between City of St. Anthony and Amcon. Michael rnson ity'Manager FACouncil Meetings\2006\05232006\staff reportamcon.doc WA