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r <br />i <br />CITY COUNCIL MEETING FEBRUARY 12,1996 <br />Trapper's Crossing plat. The developers position is still the same. They are not obligated <br />to pay more than the $250,000.00 toward the reconstruction of 12th Avenue/Holly Drive. <br />Mr. Baylak asked Mr. Heth to give his understanding of the development agreement. Mr. <br />Hawkins said that it would be unfair for Mr. Heth to be asked to say what he feels is fair <br />or unfair. He said Mr. Heth is a member of the staff and the entire staff will sit down and <br />talk about this matter and then go the developer and his counsel with their conclusion. <br />Mr. Baylak said that Mr. Heth is on record supporting the $250,000.00 figure. Mr. <br />Hawkins explained that Mr. Heth is just a consultant and the City has to fall back on the <br />contract that was signed by Mr. Hokanson. Mayor Landers said that the City Council <br />will follow Mr. Hawkins' recommendation. <br />Mayor Landers opened the public hearing at 8:20 P.M. He explained that the City <br />Council will take public input at this time. He asked that only new information be <br />brought forward at this time. <br />Sue Walseth, 1101 Holly Drive - Ms. Walseth said that there are so many unanswered <br />questions and asked the City Council to continue the public hearing to when these <br />questions are resolved. <br />Caroline Dahl, 1101 Holly Court - Ms. Dahl said that if the south half of the <br />development is going to be discussed, she wanted it noted that the August 8, 1994 PDO <br />contains a fencing agreement for adjoining property owners including herself. She asked <br />that this issue also be discussed at the time staff discusses the road issue. This matter was <br />in the original motion and will be discussed. <br />Al DeMotts, 6265 Holly Drive - Mr. DeMotts asked if there will be another public <br />hearing for the development of Phase II. Mr. Hawkins explained that this public hearing <br />covers the entire development of Trapper's Crossing. Mr. DeMotts asked if the road <br />improvement will be considered for both Phases. Does the $250,000.00 cover only the <br />1st Phase and how will you determine how much money will be required from the <br />developer for Phase II? Mr. Hawkins explained that this matter will be discussed by the <br />staff. Mr. DeMotts asked if the cash escrow has been paid for Phase I or will it be paid <br />before this hearing is closed. Mr. Hawkins explained that the City requires a letter of <br />credit and this letter of credit has to be posted prior to the start of construction. The cash <br />escrow is 35% of the total cost of the improvement for Phase I. Mr. DeMotts questioned <br />the amount of the cash escrow. It was explained that the preliminary estimate was <br />adjusted. Mr. Ahrens asked Mr. DeMotts if he was talking about phasing the <br />construction of the Trapper's Crossing subdivision or phasing of the reconstruction of <br />Holly Drive. Mr. Ahrens noted that the cost sheet that Mr. Hawkins referred to reflects <br />the bid prices received for the public improvements for Trapper's Crossing, Phase I. Mr. <br />DeMotts referred to the development agreement and said the cash escrow figure that he <br />calculated was based on the development agreement figures. Mr. Ahrens explained that <br />the development agreement contains estimated figures. The actual escrow is based on bid <br />prices which are lower than the figures in the development agreement. <br />PAGE 12 <br />