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Page 2-Comments D) Cost io city fax proposed plan �s estimated at $6,OD0. E) Berrn woul�. have to be seeded or sodded to provide vzsual amenity, conirol erosion, and establish good natural condit�ons. Constructing the berm only in the axea whexe tree growth is minimal would seem more desixabJ.e to maintain the natural setting, afford visual screening via the larger existing trees, and minimzze city effox-ts far construction and maintenance. TV. Conditzons No. 16 recommended by the P3.anr►ing Commission is not necessary because the code alreaay mandates the adherence to the Shoreline dxdinance and the support of future storm drainage construction is not legally enfarce- able. V. 8} Condition No. 10 reeommended by the Planning Commission is usefu.l to put. the owner on �aublic record but is un-enforceable. VT. Condztion lI refers to owner support of future studies and funding. This condition while es�ablzshing the owners viewpoint and publicly airing his feelings would not stand up legally z£ he should change his mind at same future ciate. VII. Condition 6 specifies that if the owner �oes not proper�y raaintain his draznage facilities that the city can do so and charg� the cos�s to him except those beyond the control o£ the owner. The lari gnrtion refexxing to beyond the controi of the owner should be clarified to more clearly ind.ica�e that the intent is for the owner to be ful3y responszble fax those facilities he constxuc�s to serve hi�t along but not for those serving athers af �itey cause the problem. ti=ITI. �n ar�er to pxovi�ie for the praper slope work on the terminal side of berms it will be recessary for the owner io enter the City land. The appropriate manner to dea� with this situation is to provide a temporary construction easement aver the af�ected property. It zs, therefore, recorn�nended that the City grant tHe ow-ner a 30' temporary construction easement aver t3�e south azd west portian of th� City proper�y. This easement is to exp�re upon ihe completion of the i,-nprovements as set farth in the plans.