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CITY COUNCIL MEETING FEBRUARY 12, 1996 <br />included in the developers agreement. Mr. Hawkins said he does not believe that the City <br />has an agreement with Mr. Hokanson concerning the entire Holly Drive improvement. <br />The City has a development contract that covers Trapper's Crossing, Phase I. In this <br />agreement, it is stated that the developer will pay the City installed improvements based <br />upon the estimated costs. Attached to the development contract is a list of the estimated <br />cost for Phase I. Included in the list of benefits for Phase I is a $250,000.00 cost for <br />MSA streets. Mr. Hawkins said that it is his belief that the City does not have an <br />agreement for the balance of the project. This contract only covers Phase I. The City <br />does not have a development agreement for Phase II and has not approved the final plat <br />of Phase II. Mr. Hawkins explained that the City has to meet with the developer and his <br />legal counsel and determine what is a satisfactory agreement for the reconstruction of the <br />roadway. It is clear that the developer signed the development agreement and it only <br />covers Phase I. Mr. Hawkins recommended that the City Council direct staff to meet <br />with Mr. Hokanson and his representatives and negotiate a cost sharing arrangement and <br />bring this agreement back to the City Council to see if it is acceptable. He explained that <br />an agreement for the reconstruction of the entire roadway can now be negotiated since the <br />total cost for the reconstruction has now been determined. <br />Council Member Kuether said that the intent of her motion was to tie the developers <br />requirements to the increase in traffic. Obviously the City would not be forced into <br />considering the reconstruction of that road at this time without Trapper's Crossing. <br />Council Member Lyden asked Mr. Ahrens with the building of Trapper's Crossing taking <br />four (4) to six (6) years, when do you see the roadway being upgraded. Mr. Ahrens said <br />the road is need of repair since it is near the end of its life cycle. Generally the best <br />prices for the reconstruction are obtained when projects are combined. He said it was his <br />opinion that the reconstruction of the roadway be completed prior to the full development <br />of Trapper's Crossing. When Trapper's Crossing, Phase I is constructed, the roadway <br />from the first phase to Birch Street will be torn up to accommodate the installation of <br />utilities. He felt that this would be the optimum time to take care of the road needs for <br />that segment. He said that leaves the question of when to reconstruct Holly Drive south <br />from Trapper's Crossing. He felt that portion of the construction could be done at any <br />time because the residents of Trapper's Crossing will have a new road to travel on north <br />to Birch Street. After Phase II is completed, the reconstruction of the balance of Holly <br />Drive could be completed. <br />Council Member Bergeson noted that the developers counsel made some comments <br />during the Council work session. Since that was not a public hearing, they should be <br />offered the opportunity to make those comments tonight so that it becomes part of the <br />public hearing record. Mr. Tom Baylak, attorney for Hokanson Development, said that <br />he did attend the Council work session and discussed with the City Council the <br />interpretation of the development agreement. He said he would accept Mr. Hawkins' <br />recommendation that they sit down and negotiate Hokanson's obligations prior to the <br />close of the public hearing. Mr. Baylak explained that the City's records indicate that the <br />$250,000.00 was to be allocated against the entire first 28 lots and cover the entire <br />PAGE 11 <br />