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From a practical and legal perspective, we have likely pushed the developer as far as we can in terms of <br />land dedication for this purpose without facing compensable issues. Therefore, staff feels the developer's <br />proposal is acceptable and we would recommend proceeding on that basis. <br />To provide for additional storm water treatment, the City would have to take the lead. Specifically, we <br />could attempt to work with property owners to the west of the development to incorporate rainwater <br />gardens to provide additional treatment capabilities. Furthermore, we believe a sediment control catch <br />basin may be feasible if placed where the curb ends on B2 as you head foam west to east. This structure <br />should also make it easier for us to maintain the system going forward due to ease of access. <br />Also attached is an Agreement for Site Grading to enable the developer to begin work on the site prior to <br />final plat approval. As mentioned previously, this allows the site to be dormant seeded this fall and will <br />result in the faster establishment of turf next spring, thereby minimizing erosion concerns. All work is <br />subject to the approved grading plan and the conditions of the Watershed District. A letter of credit equal <br />to 125% of the grading contract will be obtained to help ensure compliance with the terms and conditions <br />of this agreement. Subject to any comments from the City Attorney, I would recommend approval as <br />presented. <br />2 <br />