07-05-1983 CC MIN - Laserfiche WebLink

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City Council Minutes July 5,1983 Page Five Mr. Malkerson also requested that the City Council clearly set forth to the developers of the Barthel PUD the requirements of a water storage tower before development. Mr. Jim Nielson, attorney representing Mr. George Di~tz, requested permission to address the City Council in behalf of Mr. George Dietz. Mr. Nielson indicated that Mr. George Dietz believed he had a developer to ,develop Parcel A through G I in the PUD, but has recently found that his developen is only interested in I developing parcels A, B, and C. Mr. Nielson indicat1d that Mr. Dietz is a land owner and not a developer, and does not want to be a:developer, therefore, he needs to sell the land. Mr. Nielson indicated that in order for Mr. Dietz to I sell the land, he needs more leeway in the Planned Urj.it Development Plan.. Mr. Jim Nielson indicated that the City Council must deCide what is best for the City. Mr. Nielson further indicated that the landowner canqot pay for the cost of the improvements to the property, and that the property I1lust be able to be sold in order to be developed. Mr. Nielson also questioned ~he requirement of a water tower before development could begin in the PUD. Mr~ Nielson further indicated that Mr. George Dietz is willing to sign if he knows Iwhat the City will require. The City Administrator indicated that the question o~ a water tower has been discussed with the Barthel Developers. The City Adm~nistrator further indicated that the possibility of tax increment financing has been discussed with the City Council for the financing of a water storage tower. ' i Mr. Bruce Malkerson indicated that there is always a !possibility of a change in the statute, therefore, the City should not count on Ithepossibility bf tax increment financing to finance the water storage tower. Councilmember Gunkel indicated that she is very concerned about the communication between Mr. George Dietz and the developer. The and the City Council took a recess allowing the City the City Attorney to research minutes on the Planned Unit Development Plat. Administrator, the City Engineer, pre~ious public hearing regarding I I The City Administrator indicated. that in checking past minutes and documents, the City's Attorney Mr. Dave Sellergren, advised that the City Council should hold a public hearing regarding the proposed changes in the Ba::rrthe-l Planned Unit Development Plat. The City Administrator indicated that the City Council could make the award. contingent upon a public hearing and the obtaining of easements through the PUD. The City Administrator further indicated that if the City Council should build the seven segments without the PUD improvements, he had a concern regarding the functioning of the storm sewer from School Street and the assessment methods for the project. The City Administrator further indicated that if the City does not build a storm sewer system, something would have to be done permanently for the ponding in the Planned Unit Development area. Discussion was carried on regarding the timing of public notice for the public hearing. Councilmember Schuldt questioned the length of time the City could hold the contractor with a contingency on the bid. Mr. Terry Maurer, of Con- sulting Engineers Diversified, indicated that there were no provisions in the contract for contingencies and that the contractor could ask for more money. Discussion was carried on regarding the use of the existing sanitary sewer easement through the PUD and what alterations were necessary for the use of that easement. The City Administrator indicated that not enough facts were available at this time regarding the contingency factors and the fall back