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City Council Minutes Page 7 <br />April 15, 2019 <br />----------------------------- <br /> <br />8.1 Certificate of Occupancy: Hillside Estates Eleventh Addition <br /> <br /> Mr. Carlton presented the staff report. <br /> <br /> Rick Foster, Riverside Development Company, 14366 Mississippi Road, indicated <br />he is not asking for the development agreement to be changed as this is a unique <br />circumstance because the new homeowner is living in a hotel until he can occupy <br />this property. He explained he is in this position because the contractor hired to <br />perform the work did not get it completed in time. Mr. Foster stated all conversions <br />will be completed by a licensed contractor with minimal inconvenience to the <br />homeowner. <br /> <br /> Councilmember Ovall questioned when small utilities will be installed. Mr. Foster <br />indicated he received a letter stating they would be first on the list as soon as the <br />road restrictions are removed. <br /> <br /> Mayor Dietz feels sympathy for Mr. Foster but feels this may set a precedent for <br />future developers. <br /> <br /> Attorney Beck indicated Mr. Foster has been doing business in Elk River for many <br />years and is very reputable; however, he would also be concerned with setting a <br />precedent and would not recommend approving this request. He explained a lot of <br />time and effort was put in to creating the Development Agreement to be developer <br />friendly while also protecting the city. <br /> <br /> Councilmember Westgaard concurred. He is not as concerned about converting the <br />electric because all of the work is outside the home but he does have concerns with <br />the gas conversion and potential issues with appliances being modified for natural <br />gas. <br /> <br /> Councilmember Wagner concurred it would be irresponsible of the city to issue the <br />Certificate of Occupancy. <br /> <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br />Wagner to follow the approved development agreement for Hillside Estates <br />Eleventh Addition and not grant the Certificate of Occupancy for 19583 <br />Baldwin St NW until all requirements of city ordinance and the development <br />agreement are met. Motion carried 5-0. <br /> <br />8.2. Discussion and Clarification on Downtown Park Flag Request <br /> <br />Councilmember Wagner is the liaison to the Parks and Recreation Commission and <br />wanted to provide an update to the Council on the recent developments regarding <br />the American Legion’s request for a flag at River’s Edge Park. She explained the <br />American Legion normally held a Memorial Day celebration at the bandshell at John <br />Weicht Lions Park but since the bandshell has been demolished, the Mayor <br /> <br />