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Minutes of 8/27/07 Regular City Council Meeting Page 13 Mr. Boryczka and Mr. Thatcher returned to speak to this issue, spe- cifically discharge rate increases and sizing of piping. Interim Community Development Director Mike Darrow Mr. Darrow addressed page 4, line 5 of the public improvement con- tract, and the part of agreement requiring the developer to obtain nec- essary permits from various agencies as outlined, after entering into the contract, but before commencing construction, with all issues re- solved prior to any work being initiated. Mayor Klausing sought staff comment on whether it would be consis- tent for the City Council to act on the Final Plat without a tree preser- vation plan before them. Mr. Darrow responded affirmatively. Councilmember Ihlan reiterated and reread State Statute language, opining that the City Council, was attempting to circumvent the proc- ess; and further opining that the City Council needed to seek an exten- sion, until conditions of the Final Plat had been met, made sense, and a tree preservation plan had been submitted. Mr. Darrow attempted to address Councilmember Ihlan's concerns regarding that question, and referenced and read City Code, Section 1102.1 for submission requirements to complete an application. Mr. Darrow opined that his interpretation was that, not the conditions of Council, but the twelve (12) conditions found in City Code, were what staff was basing completion on, and was interpreting that those condi- tions were complete, allowing for their recommendation for Final Plat approval and Public Improvement Contract approval. City Attorney Anderson concurred with Mr. barrow's interpretations, and recognized Councilmember Ihlan's interpretation; however, noted that subsequent approval conditions were not shown on the Final Plat filed with the County Recorder, and would be part of staff, engineer, and other agency approvals involved in the process as it was initiated.