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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 17, 2019 <br />TITLE: <br />ORDINANCE SECOND READING: <br />APPROVING DEVELOPMENT AGREEMENT <br />NO. 2018-01 WITH AC 2525 MAIN, LLC AND <br />AMENDMENT APPLICATION NO. 2018-10 <br />TO ESTABLISH SPECIFIC DEVELOPMENT <br />NO. 93 (SD-93) FOR 2525 NORTH MAIN <br />STREET {STRATEGIC PLAN NO. 3,21 <br />/s/Kristine Ridge <br />CITY MANAGER <br />RECOMMENDED ACTION <br />Place ordinances on second reading and adopt. <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 111 Reading <br />❑ <br />Ordinance on 2ntl Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For_ <br />�K•�►nl►tri�.ic•� <br />FILE NUMBER <br />DISCUSSION <br />The City Council requested a staff review and analysis of comment letters received from Dale <br />Helvig, Mark Rothenberg, and Ellen Koldewey pertaining to the 2525 N. Main development <br />project submitted during the second reading hearing on December 3, 2019. <br />Responses to the various business points were provided to the City Council on December 11, <br />2019, in a staff memorandum from the City Manager. The legal team also reviewed the comment <br />letters for legal concerns and recommended the following refinements to the Development <br />Agreement: <br />1. Incorporate a survivability clause to clarify elements of the Agreement that will survive the <br />termination of the Development Agreement. <br />2. Require the Owner to fund project improvements instead of stipulating construction of the <br />improvements. This change applies to Santiago Park improvements, security fencing along <br />the underpass, and traffic calming measures. This addresses concerns regarding <br />competitive bidding and fee calculations. <br />3. Clarify that approval of the CC&R's be deemed denied if the City Attorney does not review <br />and approve them within 30 days of receipt. <br />The refinements and clarifications are non -substantive and have been incorporated into the <br />Development Agreement as part of the second reading of Ordinance No. NS-2979. <br />11 A-1 <br />