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ARDEN HILLS CITY COUNCIL—FEBRUARY 8, 2016 4 8. NEW BUSINESS None. 9. UNFINISHED BUSINESS A. Planning Case 15-026 —Development Agreement Determination Letter—3177 Shoreline Lane Senior Planner Bachler stated that this case was considered by the City Council at their regular meeting on January 25, 2016. The item was tabled to allow for further review of the request at the next regular City Council meeting. Senior Planner Bachler explained that in 1999, the City approved a four lot subdivision on the east side of Lake Josephine by Josephine East, LLC. Today, these lots are 3189, 3184, 3177, and 3170 Shoreline Lane. Steve Zawadski has submitted a request on behalf of the property owners at 3177 Shoreline Lane for a declaratory letter on whether the terms in the Development Agreement with Josephine East have been satisfied. The property is in the process of being sold and the new owners are concerned about being subject to enforcement related to the Development Agreement. Money has been put in escrow by Mr. Zawadski pending the resolution of this issue. Senior Planner Bachler indicated that the Public Works and Community Development Departments have determined that the majority of the terms and conditions in the Development Agreement were satisfied by Josephine East following the subdivision approval. Senior Planner Bachler reported that the subdivision plan included the extension of Shoreline Lane through the middle of the four lots and ending at the property line of 3187 Lexington Avenue. At the time, the City's Official Map showed Shoreline Lane continuing north to connect with the segment of Shoreline Lane that extends south from Edgewater Avenue. The City Council approved a temporary, 50-foot wide cul-de-sac to be removed when 3187 Lexington Avenue was redeveloped and the entire length of Shoreline Lane could be completed. This cul-de-sac currently provides access to the four Shoreline Lane lots and 3187 Lexington Avenue. Senior Planner Bachler commented that under the terms of the Development Agreement, Josephine East was required to provide an escrow for the cost of removing the cul-de-sac and extending Shoreline Lane to the northern boundary of the subdivision. No record of this escrow has been found on file. Staff believes this condition should remain in effect because it establishes that the cul-de-sac is temporary and that the City intends to connect the two ends of Shoreline Lane if 3187 Lexington Avenue were to be subdivided. The Certificate of Completion and Release does not waive the City's right to assess the properties within the Josephine East subdivision for future costs associated with the Shoreline Lane connection. Senior Planner Bachler stated that the Development Agreement establishes a minimum elevation for basements due to the location of the properties on Lake Josephine. No structure on any of the four lots is permitted to have a basement elevation below 887.8 feet. This condition will remain in effect and be enforced with any future redevelopment on the properties.