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I <br />�� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />t� <br />11 <br />DRAFT Minutes of 8/27/07 <br />Regular City Council Meeting <br />Page 13 <br />Mr. Boryczka and Mr. Thatcher returned to speak to this issue, spe- <br />cifically discharge rate increases and sizing of piping. <br />Interim Community Development Director Mike Darrow <br />Mr. Darrow addressed page 4, line 5 of the public improvement con- <br />tract, and the part of agreement requiring the developer to obtain nec- <br />essary permits from various agencies as outlined, after entering into <br />the contract, but before commencing construction, with all issues re- <br />solved prior to any work being initiated. <br />� 2 Mayor Klausing sought staff comment on whether it would be consis- <br />�:3 tent for the City Council to act on the Fina1 Plat without a tree preser- <br />� � vation plan before them. <br />7� <br />]� <br />1� <br />Mr. Darrow responded affirmatively. <br />1� Councilmember Thlan reiterated and reread State Statute language, <br />1�� opining that the City Council was attempting to circumvent the proc- <br />� Q ess; and further opining that the City Council needed to seek an exten- <br />�� sion, until conditions of the Final Plat had been met, made sense, and <br />2'? a tree preservation plan had been submitted. <br />�� <br />�� Mr. Darrow attempted to address Councilmember Ihlan's concerns <br />�� regarding that question, and referenced and read City Code, Section <br />�� 1102.1 for submission requirements to complete an application. Mr. <br />�� Darrow opined that his interpretation was that, not the conditions of <br />�� Council, but the twelve (12) conditions found in City Code, were what <br />� staff was basing completion on, and was interpreting that those condi- <br />�� tions were complete, allowing for their recommendation for Final Plat <br />� t approval and Public Improvement Contract approval. <br />��� <br />�� City Attorney Anderson concurred with Mr. Darrow's interpretations, <br />�� and recognized Councilmember Ihlan's interpretation; however, noted <br />�� that subsequent approval conditions were not shown on the Final Plat <br />�� filed with the County Recorder, and would be part of staff, engineer, <br />�� and other agency approvals involved in the process as it was initiated. <br />3�3 <br />