City Council Minutes 1999 09 07 - Laserfiche WebLink

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Mayer stated that the intersection of the Northwest Parkway and 96th Street is specified in the Intergovernmental Agreement. He agreed that the alignment from that intersection down to the intersection at Hwy 42 is uncertain. He stated that the intersection at Hwy 42 is also fixed, as the amount to be paid from the Northwest Parking Authority was specified to terminate at a certain point, specifically at the intersection of Hwy 42. He explained that those two points are known, however, a question of what will happen in between the two points still remains. He asked Schneider whether he has submitted a 1041 application yet. Schneider replied, no. He explained that there have been numerous conversations with staff and Ken Johnstone about the 1041 process, such as what it means and why it might come up. He stated that it was brought up during the application process when he first applied. He explained that the answer that he keeps receiving is 'we'll make a determination'. Unfortunately, there is uncertainty as to who is going to make that determination. He stated that he has not applied based upon the lack of a recommendation to do so. Mayer asked Schneider how he would be negatively impacted if he received an answer within sixty days. Schneider stated that he would be required to ask for an extension on the land purchase and hope to receive one without the requirement of an additional $20,000 deposit for each one-month extension. He explained that it would also impact when the restaurant opens and his pro forma statements. He agreed that he has experienced a number of delays but he is trying to move forward. He expressed concern that the permit would be declined and suggested again that he might be better off going back to the drawing board. Mayer suggested a compromise that the City would provide Schneider with a decision in sixty days or the 1041 requirement would be waived. Schneider agreed. Mayer asked Light if the City could do this. Light replied that it would have to be ninety days at a minimum. He stated that, under the 1041 Statutes, if the City agrees to provide an answer and fails to do so within ninety days, they can waive the requirement. He explained that the City is required, by it's own Ordinance, to allow ninety days and Council could not unilaterally change that timing tonight. Lathrop agreed with Keany. He stated that this is an opportunity for City Council to step up and state that the regulations don't apply in this specific instance. He explained that the applicant has complied with everything that has been asked of him. He stated that he did not see any basis for a claim that Council is doing something for this applicant that they must also do for any future applicants. He felt that Council should use the 1041 27