Lorain City Council voted to accept the plat for Sandy Springs Subdivision Number 5 on Monday, approving the phase on the condition that a side-letter agreement resolving outstanding construction items is finalized and executed.

John Monroe of the law firm Mansur Gavin, representing Sandy Springs Development LLC, asked council for support for third reading approval of the Phase 5 plat and said the developer would finalize a side-letter agreement in the coming two weeks. Council member Thornberry gave a detailed summary of outstanding punch-list items and said city officials and the developer had reached a tentative agreement in principle as of the afternoon before the meeting.

"We're requesting your support for the third reading of the approval for phase 5 of the Sandy Springs subdivision plat," said John Monroe, asking the council to approve the legislation "on the condition that the side letter agreement gets finalized in the next 2 weeks."

Law Director Pat Riley described the city's approach to such development issues and recommended passing the legislation while reserving the city's ability to withhold final sign-off until the written agreement is executed. "To suggest that the legislation itself as it currently exists does not protect the community really is not accurate in my opinion," Riley said, while also noting the administration and law department would confirm the side-letter terms before finalizing acceptance.

Council member Thornberry told colleagues that the list of outstanding items had been reduced from about 28 to three or four items and explained why certain items could not be completed until construction finished (for example, grading that requires fill from new basements and final pond stabilization). Thornberry said multiple city officials must sign off on the plat and that he expected the side letter to be signed as early as the next day.

The council approved the plat, with a recorded dissenting vote from one member (Miss Felicity). The ordinance passed after council debate and the stated condition that the city would not finalize action until the side-letter agreement was signed and city departments had confirmed the outstanding items were addressed.