02/14/2000 Council Packet - Laserfiche WebLink

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• • Final Plat Lino Lakes Commercial Development/JADT February 14, 2000 page 2 City staff's concern with this is that the change must not create additional buildable lots. The developer's attorney has stated that the developer agrees to a stipulation that the lots are not buildable until the plat is revised. This is stated in the attached fax letter of February 4, 2000, to Bill Hawkins from Gary Gandrud. As long as the City Attorney assures us that this agreement is enforceable and the City is protected from any claim to additional buildable lots, staff can recommend approval of this arrangement. 2. Complete development agreement. 3. Financial securities as described in the development agreement. The City and the developer have been negotiating the issue of the extension of Apollo Drive. At the December 20, 1999 City Council meeting, the Council approved initiating an eminent domain action and a feasibility study for the extension of Apollo Drive. Since the Apollo Drive extension now will be a public project, the developer does not have to construct the road and utilities. Therefore, the typical development agreement, with its financial securities, is not necessary. The City will construct the road and utilities and assess the costs to the benefiting properties. 4. Title commitment approval by City Attorney. A new signature page has been submitted. The City Attorney will have reviewed it before the City Council meeting. 5. Conditions of approval must be met. Most of the conditions of approval refer to the site plan for McDonald's. These will be addressed as part of the building permit review. Other conditions apply to the construction of Apollo Drive, such as the permit from Anoka County. Since the road will be a public project constructed by the City, such things become the City's responsibility. OPTIONS 1. Approve final plat. 2. Return to staff with direction. RECOMMENDATION: Option 1