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City Council Minutes June 17, 2019 Page 10 Attorney Beck explained denial of this request based on the length of the cul-de-sac may not be valid since a variance for the cul-de-sac length is in place. He added denial based on a 25 -year old Development Agreement may also not be valid, and stated he found no recorded covenant against future development and believes if that was the intent it would have been recorded. He indicated the City Council has the least amount of discretion on subdivision requests and this lot does comply with all of the city's requirements for a subdivision. He added the applicant is proposing to split a lot at the end of the cul-de-sac but nothing about the cul-de-sac is changing. Councilmember Westgaard questioned if a variance remains in place forever once granted. Attorney Beck indicated yes, the variance was granted in 1993 for the length of the cul-de- sac. Mayor Dietz questioned if all Developer Agreements expire. Attorney Beck indicated they typically do. He explained a Developer Agreement is put in place to govern the installation of public improvements for developments. He further explained ideally the Developer Agreement will be satisfied once the conditions of the agreement are met and the city issues a certificate of completion. He noted Conditional Use Permits and Planned Unit Developments stay with the property forever and typically if the desire is for a term for approval in a Developer Agreement or part of a land use approval to be permanent, a separate covenant or document will be recorded against the property. Attorney Beck noted a Developer Agreement governs the development whereas a land use approval governs use of the property. Mayor Dietz indicated he would like future Developer Agreements to include a paragraph explaining the terms and expiration. Councilmember Westgaard stated he doesn't see a basis for denial if everything complies with current city ordinance. Attorney Beck commented the only issue that's arguable is the Developer Agreement and he doesn't believe the agreement compels denial. Attorney Beck recommended staff prepare a resolution of findings for approval and one for denial and bring back for Council consideration. This will give the Councilmembers time to reflect on the discussion and come to a decision. Councilmember Wagner liked the idea of preparing both resolutions and having time to decide since new information was presented this evening. Councilmember Christianson concurred. Attorney Beck noted the public hearing is closed but staff will accept additional information in writing from the applicants and public prior to this issue coming back. Councilmember Westgaard noted he would like to see a copy of the Simple Plat showing the cul-de-sac. ! 0[ E B E I I r NXA�VRE