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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23,2012 Page 36 Nays: McGehee; Pust. Motion carried. Member Willmus moved, Member Johnson seconded, adjourning the Board of Appeals and Adjustments and reconvening in regular City Council session at approximately 9:30 p.m. Roll Call Ayes: McGehee; Pust;Johnson; Willmus; and Roe. Nays: None. Business Items (Action Items—Continued) e. Approve Wal-Mart Final Plat and Development Agreement Community Development Director Trudgeon briefly reviewed the request for Final Plat and Development Agreement approval, specifically referencing sev- eral conditions detailed in the RCA dated July 23, 2012. Condition J (Line 77) Mr. Trudgeon noted that the City Attorney recommends removal of this condi- tion as part of the Final Plat and Development Agreement, since their intent had been for the interim period between Preliminary and Final Plat approval, mak- ing them moot for the Final Plat. Condition K(Line 84) Mr. Trudgeon noted a similar recommendation of the City Attorney that this condition be removed as part of the Final Plat. Mr. Trudgeon advised that ra- tionale in recommending removal of those conditions, since their intent had been for the interim period between Preliminary and Final Plat approval, mak- ing them moot for the Final Plat. Mr. Trudgeon noted that the applicant had ex- pressed some concern about including that as a condition in the first place, since they were not in agreement with it. Condition L (Line 93) Mr. Trudgeon noted that this condition had been approved on July 9, 2012; based on information then available. However, since that time, Mr. Trudgeon noted that Police Chief Mathwig had suggested a more proactive alternative to that language through creation of a Security Plan with Wal-Mart that would in- corporate special measures during the planning stages for the development, as well as monitored periodically, to ensure measures were taken to reduce or eliminate crime through use of modern technology options and security staff. Mr. Trudgeon noted oted that this recommendation by staff would provide revised language for a condition, or a NEW CONDITION.