Minutes - Council - 09/16/2003 - Special

Home

Councihnember Strommen inquired if that was fairly standard. City Attorney Goodrich replied that that is what Mr. Bray is stating. He noted that if the Council was going to approve the development agreement they needed to make sure that everyone had all the exhibits because once the document is approved they would not be able to change things. Consensus of the City Council was to authorize Director of Public Works Brian Olson the authority to authorize the exhibits for the document. Mayor Gamec recessed the special meeting of the City Council at 9:07 p.m. Mayor Gamec called the special meeting of the City Council back to order at 9:40 p.m. City Attorney Goodrich reviewed the changes recommended by the City Council and presented a motion for Council consideration. Motion by Councilmember Cook, seconded by Councilmember Pearson, to enter into a development agreement, as reviewed this evening, referenced as version 12, with the following modifications: 1. Finding that with reference to Section 9.50.50 sub. 5. c.f Subd 6 a & b the City Phase I improvements discussed in the development agreement are City public improvements and not subject to the security and assessment provision of said section. 2. Subject to City Engineer approval and or amendment of exhibits A through L. 3. Section 9.6 being amended so that the developer will consent to all assessments in an amount greater than $5,500,000 subject to the design and construction documents agreed to by parties. 4. Subject to the addition of reference to section 4.12 in section 15.1 and 15.3. 5. Subject to the adding in Section 5.3 of a requirement that during all times of construction the developer shall maintain areas to the well site; that the developer at its cost shall pay for all expenses necessary in removing the City's water lines from the City's existing easement into the newly developed access easement; title of this section shall be amended to be City's Existing Well Site; change the term "preliminary plat" to "master development plan". Outlot I = Outlot J. 6. The City Attorney, in conjunction with the City's consulting Attorney, is authorized on behalf of the City to make minor changes in the terms and conditions of the Agreement in order to amend the Agreement as above stated and some additional amendments necessary to place the Agreement in proper legal form. 7. Language will be chan~ed in section 4.12 removing the language "segregated account" and replacing it with "...the sum of $250,000 for deposit in the general fund of the City and designated to fimd the maintenance of park improvements located within the Subject Property. 8. Add language in section 4.12 to indicate that the $250,000 could be used for personnel and purchase of capital equipment necessary for park maintenance. City Council Special Meeting/September 16, 2003 Page 10 ofll