FCM19960827FINANCE COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD AUGUST 27, 1996
The meeting was called to order at 7:03 P.M. by Chairman De
Angelis. Also present were Committee Members D'Acquisto,
Sanders and Suhr, Aldermen Patterson (arrived at 7:20), Pionek,
Rasmussen, Salentine, and City Attorney Eric Larson, Deputy
Clerk Blenski and those per the attached list.
The Deputy Clerk noted the meeting was noticed in accordance
with the Open Meetings Law on Friday, August 23.
Ald. D'Acquisto moved to recommend approval of Class "A"
Retailer's License to sell beer. Ald. Sanders seconded,
carried.
Ald. Suhr moved to correct page 4, paragraph 2 (Balistreri
Developer's Agreement) of the 8/21/96 Committee minutes to
change "Aid. D'Acquisto" to "Aid. Suhr" noting that Ald.
D'Acquisto requested to abstain on this issue and there was no objection to his abstention. Paragraph to further reflect that
Ald. Sanders seconded the motion. Motion to accept minutes as
corrected seconded by Ald. D'Acquisto; motion carried.
Unfinished Business
1. Cellular Equipment Agreements
Mayor stated that a few minor changes were to be made to the
Agreement. Attorney Larson submitted the latest "draft" of the
Agreement and referred to his letter of August 27 which he faxed
late Tuesday afternoon outlining several issues he wanted the
Council to be aware of. Attorney Larson requested that any
recommendation for approval of the final License Agreeement and
Exhibits be subject to City Attorney review and approval. He
has not had an opportunity to review the latest changes which he
received at 5:30 P.M. Ald. D'Acquisto moved to recommend
approval of Agreements for both carriers, PrimeCo and Sprint Spectrum, subject to City Attorney review and approval. Ald.
Sanders seconded. Ald. Suhr requested that the minutes reflect
that he was casting his vote to forward this matter on to the
Council level for discussion. Ald Suhr asked the carrier
representatives present what the intention was regarding other
sites. Sprint stated it was their desire to locate at the
National Bus Co. site. PrimeCo stated that the WEPCO site was
an alternate site if the Agreement for the water tower site was
not approved. PrimeCo would co-locate at the National Bus Co.
site with the Tess Corners Fire Dept. as an alternative site. Motion carried.
Finance Committee Minutes
August 27, 1996
Page 2
l 2. Subdivider's Agreement and Letter of Credit-Victorian Villas
Matt Sadowski stated that developer, Mr. Don Kitten, has requested clarification of Section XII. Ald. Sanders moved to
amend Section XII to read as per the attached. Ald. Suhr seconded. Motion carried. Letter of Credit or cash to be
submitted in the amount of $39,184.16.
New Business
1. Developer's Agreement - Balistreri
Ald. D'Acquisto requested to abstain due to a possible conflict
of interest. There was no objection. Mayor De Angelis noted
three additional changes to the Agreement: Section F. 4. Insert
$30,000; Section 7. Strike language at the end of said section
following "action, or (c) both" as indicated by double
underscore in draft; Section 10. Insert January 31, 1997. Ald.
Suhr moved to amend to incorporate changes as outlined by Mayor.
Sanders seconded. Motion carried with Ald. D'Acquisto
abstaining.
Ald. D'Acquisto moved for approval of payment of General
Vouchers in amount of $642,605.66, Tax Checks for $2,397,479.94
0 and Utility Vouchers for $193,068.43. Ald. Suhr seconded, carried.
Ald. Suhr moved to adjourn at 7:35 P.M. Ald. Sanders seconded,
motion carried.
Respectfully submitted,
Jill Blenski
Deputy City Clerk
jmb
2. The CITY shall, as a condition of the Developer executing
this Agreement, make available to the Developer or their
nominee successors or assigns, building permits for the construction of multi family residences subject to the provision of Section XII.
SECTION XII. BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits
or occupancy permits shall be issued for any building or unit until
the City's Engineers have determined that:
A.
B.
C.
D.
E.
E.
F.
No building permits shall be issued prior to the surface
water drainage facilities required to serve such buildings are connected with an operational system as required herein
prior, and
No Occupancy permits shall be issued prior to the sanitary
sewer being connected with an operational system as required
herein.
Water system to serve such buildings are connected with an
operational system as required prior to issuance of
occupancy permits, and
No building permits shall be issued prior to the Building
Inspector verifing that the installation of gravel drive
base has been installed to each building pad.
No occupancy permits shall be issued prior to the video
taping of the sanitary sewer system being completed if
applicable prior to occupancy (See Section I.D.4)
All lot grades shall conform to the Master Grading Plan
prior to occupancy prior to the occupancy of the second
building (See Section I.A.3).
Negative balance in Developer's Deposit is satisfied prior
to building permits or occupancy permits unless otherwise
authorized by the Planning Director.
SECTION XIII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the CITY's ordinances are incorporated
herein by reference, and all such provisions shall bind the parties
hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict
accordance with and subject to the provisions of said ordinances.
SECTION XIV. FINANCIAL GUARANTEES:
A. LETTER OF CREDIT:
m SIGN-IN SiiEET FOR CITY KEETINGS
PLEASE PRINT YOUR NAZVE MiD AGENDA ITEX BELOW. THANK YOU.
Meetinq: Date: p-n77- 9L
NAME: ITEX
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