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086 <br />COUNCIL MEETING NOVEMBER 13, 1990 <br />plat will be developed in three phases. The first phase consists <br />twenty three (23) lots. It also includes park land dedications <br />necessary for the first two (2) phases. Grading in the <br />southeasterly park parcel will occur when the second phase is <br />platted. Additional land or cash dedication will be made with the <br />last phase. Storm water ponding necessary for the first phase will <br />occur in back yard easements in phase I. When Outlot A is <br />subdivided in future phases, additional ponding areas will be <br />provided. The City will not have any direct land liability <br />exposure as would be the case if the ponds were owned by the City. <br />Easements necessary in the first phase have been added to the plat. <br />The drainage and utility easement along the Birch Street side of <br />Lots 5 - 11, Block 2 is intended to protect the berm which will be <br />constructed. Permits and letters of approval are required from all <br />agencies. The City Attorney must review the abstract for the <br />property and provide written approval. <br />Public improvements for this property have been ordered along <br />with the improvement for Pheasant Hills Preserve and the school <br />property. Mr. Boxrud explained that improvements cannot begin <br />until the development contract is completed and signed. He noted <br />the development contract should contain all items listed in his <br />"green sheet ". <br />Council Member Reinert noted that approvals are being requested <br />from the Council when all items are not completed. He asked why <br />everything cannot be in place before approval is requested. Mr. <br />Schumacher explained that development agreements are unique. He <br />explained how he and staff sit with the developers and put together <br />the contract. It is complex and similar to a closing on a piece of <br />property. He also noted that banking systems need final plat <br />approval before they will approve funding for the improvement. Mr. <br />Schumacher also explained that the items listed in the development <br />agreement are items already agreed upon by both the City and the <br />developer. <br />Mayor Bisel asked who is making sure that all items in the <br />development agreement is completed to the satisfaction of the City? <br />Mr. Schumacher explained that there is a check list and each item <br />is checked to be sure it is satisfied. Council Member Reinert said <br />he would like to be able to see who has "slipped a cog" if a <br />particular item was not completed as ordered. Mr. Schumacher said <br />that these responsibilities can be tied down. Mayor Bisel said he <br />would also like to see that the responsible staff person signs off <br />when an item is completed. <br />Council Member Kuether moved to approve the final plat of <br />Brandywood Estates, DRB application No. 90 - 26 and Option No. 2 <br />of Mr. Boxrud's "green sheet" and contingent upon items A - D being <br />PAGE 8 <br />1 <br />1 <br />