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not the tot lot should be built. Both of these <br />would be done in the second phase of the develop- <br />ment, but we are requesting Council authorize or <br />approve us to move forward with the first phase of <br />the development, the first 60 lots, during the next <br />couple of months~tha~t we have an opportunity to meet <br />with the Council in a Study Session and present what <br />we think are relevant facts and some suggestions <br />about how retention areas should be treated at least <br />in our project and at the same time give staff an <br />opportunity to respond to some of the maintenance <br />costs that may be increased as a result of some bof the <br />recommendations. We' have a limited period of time <br />that we can actually continue construction yet this <br />Fall and that is the: basis for our request this <br />evening." <br />Hundley stated that while there are some issues of <br />real importance regarding certain landscaping <br />treatment and features that are important to look <br />at, they also have some financial implications to <br />the City. It could affect long-term how we do <br />business and how our Capital Improvement Program is <br />funded. "I think it important that we look at this <br />in a broader perspec:tive and discuss it at a Work <br />Session. However, staff agree with the desire to <br />proceed with the project. It is however, abnormal <br />for us not to have a development agreement in hand, <br />signed, sealed and recorded with the County." <br />Hundley explained tYie alternate ways to proceed: 1) <br />not allow the development to proceed without a <br />subdivision agreement filed; 2) allow Homart to <br />proceed and work out: the differences between now and <br />Phase II with the understanding that Phase II can <br />not proceed until tYiis issue is worked out; 3) <br />continue the projeci~ under Homart's current develop- <br />ment agreement whiles working out a subdivision agree- <br />ment stipulating that this issue be resolved in a <br />specified period of time prior to the development of <br />Phase II. Hundley recommended this third alterna- <br />tive since the only outstanding issue is that of the <br />treatment of the detention area. <br />Szymanski voiced concerns over not operating under <br />a subdivision agreement with all stipulations agreed <br />to and signed by thE~ City and the developer. <br />Rautenstraus stated that the plat has been recorded <br />so it is a valid plat. The subdivision agreement <br />was not signed and itherefore, not recorded. Anew <br />agreement would be drafted with the same basic <br />language as the one drafted for R.B. Development <br />except with a provision regarding the detention area <br />and Homart would execute that. <br />6 <br />