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I <br />I <br />I <br />i <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br /> <br />City Attorney Goodrich explained that in this particular instance there was a contractual interest <br />and now the parties have had a disagreement. <br /> <br />Councilmember Hendriksen inquired if staff had verified that the contract existed. <br /> <br />City Attorney Goodrich replied that both parties agreed that that occUrred. <br /> <br />Councilmember Hendriksen stated that he thought he heard that the City does not verify that a <br />person does have development interest until this stage in the process, .which concerns him. He <br />inquired if that was a correct statement. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Councilmember Hendriksen pointed out that someone could get preliminary plat approval <br />without a property owner knowing about it. <br /> <br />City Attorney Goodrich replied that it Could happen, but in 30 years it has never happened. He <br />stated that it is not practical for a developer to go through the process and spend the money if <br />they don't have the rights to the property. <br /> <br />· Councilmember Anderson stated that a certain amount of rights seem to go to the develOper <br /> when they receive preliminary plat approval. <br /> <br />City Attorney Goodrich replied that if the develoPer does not own the land, the rights mean <br />nothing. <br /> <br />Councilmember Zimmerman stated that the fee title owner should be brining the information <br />forward. <br /> <br />City Attorney Goodrich replied that that is not feasible because most of the time there is a <br />purchase agreement by a developer to purchase the property. <br /> <br />Principal Planner Trudgeon explained that when the process first began all of the property <br />owners were in agreement, but things have changed. <br /> <br />Councilmember Hendriksen inquired if staff received signatures from all the fee title owners on <br />the application. <br /> <br />Principal Planner Trudgeon replied no. <br /> <br />Kevin McGhee, Allstate Development, stated that 90 percent of plats are approved contingent <br />upon good title before the plat is recorded. He explained that they have a purchase agreement <br />that is still in affect. The deadline on the purchase agreement was November 1, 2002, but State <br /> <br />City Council/November 26, 2002 <br /> Page 13 of 23 <br /> <br />-33- <br /> <br /> <br />