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the Guidelines based on findings to be adopted by the City. After responding to initial staff and <br />Planning Commission comments, the Site Plan now substantially complies with the Guidelines. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Cook, to adopt Resolution #03- <br />10-283 adopting Findings of Fact # 0656 relating to Academic Investments site plan for the <br />P.A.C.T. Charter School for a conditional use permit to deviate from certain elements of the <br />Town Center Development guidelines. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Kurak, Pearson, <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Cook, to adopt Resolution #03- <br />10-284 to approve Academic Investment's conditional use permit based on the findings of fact, <br />and a declaring terms of same. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Kurak, Pearson, <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />Case #14: <br /> <br />Development Agreement for PACT Charter School Site Plan; Case of <br />Academic Investment, Inc. <br /> <br />Councilmember Kurak stated that she originally could not vote on PACT Charter School issues <br />because the development agreement had to do with the entire site. Since that time her husband <br />no longer has legal title to the Town Center property so she is now able to vote on all Town <br />Center issues from this day forward. <br /> <br />Assistant Community Development Director Trudgeon presented an updated development <br />agreement for Council consideration. He explained that the applicant has agreed to submit a <br />letter of credit for 150 percent of the site improvements cost and typically the City requires an <br />inspection escrow, but the developer has asked that they not be required to post the escrow, <br />which staff found acceptable. <br /> <br />City Attorney Goodrich stated that the record should indicate why the City would not be <br />requiring the developer to post an escrow for inspections if it is required of all other developers. <br /> <br />Mayor Gamec inquired as to the amount that would be required to be escrowed. <br /> <br />Assistant Community Development Director Trudgeon replied about $15,000. <br /> <br />Assistant Director of Public Works Olson noted that it is an escrow that would be refunded to the <br />developer or applicant. <br /> <br />City Attorney Goodrich inquired if the City anticipated asking for an inspection escrow from <br />other developers in the Town Center project. <br /> <br />P84 <br /> <br />City Council/October 14, 2003 <br /> Page 24 of 30 <br /> <br /> <br />