CC_Minutes_2012_0723 - Laserfiche WebLink

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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 23,2012 Page 44 clear title to the property; and if not constructed within a year, they would need to start from scratch with this entire process. Councilmember McGehee noted that, in her review of Wal-Mart's website and this area code, it listed sixteen (16) Wal-Marts, with only seven (7) of them be- ing 24/7 stores. Councilmember McGehee sought City Council action that this store not be operated 24/7. Councilmember McGehee concurred with Councilmember Pust that Condition K remain in the Final Plat, opining that the Preliminary Plat allowed the condi- tions, and the Final Plat was simply pro forma to match the Preliminary Plat, and should match. At the request of Councilmember McGehee, City Attorney Gaughan provided justification for recommended alterations form the Preliminary to Final Plats, with the Preliminary Plat conditions needing to be met before the Final Plat can be approved. If the City Council determined that any of those conditions were inappropriate, City Attorney Gaughan noted that they can then take appropriate action. At the request of Councilmember McGehee regarding Condition K, City Attor- ney Gaughan responded that the platting processed resolved this Statute re- quirement. Councilmember Pust clarified that she no longer had a legal basis to insist that Condition K remain, since the decision had already made by the majority that there was no conflict between the Comprehensive Plan and Zoning Code. Councilmember Pust advised that she did have some suggested changes to the Development Agreement, and asked that they be considered as separate mo- tions. By reference, Councilmember Pust noted that, on page 5 of 7 of the RCA dated July 23, 2012, it indicates that Exhibit B incorporates the Development Agreement. Additional Condition (Subparagraph 1,Line 223, RCA page 6 of 7) Pust moved, Willmus seconded, deletion of staff recommended subparagraph "i;" and an additional condition be included in the Development Agreement (Attachment B) that Wal-Mart Real Estate Business Trust shall pay for envi- ronmental mitigation efforts in the matter of the petition for an EA W, should a court order determine an EAW should be ordered to protect the City from pending litigation and potential negative ruling by the Court.