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<br />Mr. Hoeft reviewed the information provided by the townhome association dated <br />July 5, 2001. He noted this memo sets out the concerns of the association with <br />the current builder and their poor construction quality. Mr. Hoeft reviewed the <br />issues of the association and noted the City did have leverage on the sport court <br />and the sidewalk, as these issues would need to be addressed by the developer. <br /> <br />Mr. Hoeft indicated the vast tree harvesting and plantings throughout the First <br />Addition would not go into account for the Second Addition. He stated this can <br />be addressed within the Developer's Agreement for Phase I and cannot withhold <br />development for Phase 2 of Eagle Development. <br /> <br />Mayor Swedberg asked how the City would address issues in Phase I in direct <br />violation of the Developer's Agreement. Mr. Hoeft indicated only items that are <br />directly in violation of the agreement could be addressed. He noted the trees <br />planted within this development are the right type, but the discretion comes with <br />the way they were planted. <br /> <br />Council Member Broussard Vickers asked how these issues would be addressed <br />then, with regard to Phase 2. Mr. Hoeft indicated additional conditions could be <br />placed within the Developer's Agreement to address the violations of the existing <br />addition. <br /> <br />Mr. March noted he spoke with a resident today with regard to down spouts, <br />driveway drainage, etc. He asked if the City can delay the new development <br />because the Builder has not completed the current project. Mr. Hoeft stated ifthe <br />same Builder purchases this property, the City could learn from t~e poor lack of <br />performance and place these concerns into the Developer's Agreement for the <br />Second Addition setting a timeframe and course of action for the City. <br /> <br />Mr. Hoeft indicated higher escrows could be established to allow the City to have <br />access to assets if recourse needs to be taken. He explained if poor construction <br />and drainage were found this would be a violation with the Developer's <br />Agreement and the City would have leverage to take action against the Builder. <br /> <br />Mr. March noted a checklist was provided by the townhome association leaders of <br />the numerous violations within Eagle Pass' First Addition. He indicated these <br />leaders are trying to get grading accomplished and seeding done after closing. <br />Mr. Hoeft indicated if these items are directly in violation ofthe Developer's <br />Agreement then action could be taken against the Builder. <br /> <br />Mr. Hoeft indicated the lighting within this development may meet the City <br />requirements at this time, but not meet the resident's requirements. He stated this <br />could be reviewed and if found in compliance, the Association could take this <br />issue upon themselves. <br /> <br />Council Member Broussard Vickers asked that the City Attorney review all the <br />items in question and any additional items from the residents; and then report <br />back to the Council which items were in direct violation with the Developer's <br /> <br />2 of 11 <br />