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MINUTES <br />CITY COUNCIL <br />AUGUST 22, 2012 <br />YORKTON <br />RIDGE <br />ESTATES — <br />DEVELOPMENT <br />AGREEMENT <br />WATER <br />WORKS <br />TRAIL — <br />RAILROAD <br />CROSSING <br />*APPROVAL OF 2012 BUDGET AMENDMENTS AS <br />RECOMMENDED BY THE FINANCE DIRECTOR; <br />The foregoing resolution was duly seconded by Montour. <br />Ayes (4). <br />Nays (0). Resolution declared adopted. <br />The City Administrator reviewed the proposed Development <br />Agreement with TCF Bank for the Yorkton Ridge Estates <br />development. The Administrator noted that he has added two clauses <br />to the agreement clarifying that the Development Agreement must be <br />assigned to the party that will he developing the property, and that new <br />party will be responsible for complying with all terms of the Development <br />Agreement. The Administrator pointed out that while TCF Bank is <br />platting the property, they will not develop it. TCF Bank is in agreement <br />with the Development Agreement as proposed. <br />McGraw introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2012 -8 -143 — APPROVING THE YORKTON <br />RIDGE ESTATES DEVELOPMENT AGREEMENT AS <br />RECOMMENDED BY THE CITY ADMINISTRATOR AND <br />AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO <br />EXECUTE THE AGREEMENT ON BEHALF OF THE CITY <br />The foregoing resolution was duly seconded by Montour. <br />Ayes (4). <br />Nays (0). Resolution declared adopted. <br />The City Administrator reported that the completion of the Water Works <br />Trail railroad crossing has been in the Capital Improvement Program for <br />the last few years. He noted that it took a number of years to get a permit <br />from the railroad to allow the crossing, and that permit has been extended <br />once and will expire again in 2013. The Administrator noted that the <br />initial estimate for the crossing was $40,000. However, factoring in the <br />railroad requirements for the crossing and increased that estimate to <br />$162,000. The City has applied for grant dollars to help fund the project, <br />but has been denied on two occasions. <br />The Administrator recommended that the Council decide on whether or <br />not to proceed with the project at this time. He noted that the cost of <br />processing another permit extension with the railroad is approximately <br />$600. He also noted that the City may be able to get free fill material from <br />the new park and ride facility, which may result in a $10,000 cost savings <br />2 <br />