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CLOSED COUNCIL MEETING JUNE 10, 1996 <br />Mr. Hawkins said that the developer has signed the agreement and he recommended that <br />the City Council accept the agreement. Mr. Schumacher displayed a map and addressed <br />questions from the City Council. It was noted that there are seven (7) property owners <br />adjoining the Trapper's Crossing plat. Three (3) of the property owners requested that <br />fencing be installed on their property lines. The other property owners are not requesting <br />fencing at this time. The developer is saying that he will provide fencing for all property <br />owners who want it. <br />Council Member Lyden said that the developer is proposing a four (4) foot high fence. <br />He said that was inadequate. He asked if Ms. Walseth will get fencing around her <br />property. Mr. Hawkins explained that the fencing included in the current development <br />agreement is fencing for Phase II of Trapper's Crossing. The Walseth fence issue has <br />been resolved. Mr. Hawkins described the fencing and noted that Ms. Walseth is not <br />satisfied, however, the matter was negotiated without a resolution and staff made a <br />decision as to what type of fencing would be installed around her property. <br />Mr. Schumacher explained that the agreement before the City Council this evening <br />includes $265,000.00 that can be used for street improvement anywhere in the City. <br />Council Member Kuether felt that this money should be used for the improvement of <br />12th Avenue/Holly Drive. Mr. Hawkins noted that it will be drawing substantial interest <br />earning. Council Member Bergeson asked Mr. Ahrens how far south on Holly Drive <br />would this money reconstruct the roadway. Mr. Ahrens said that the roadway could be <br />improved to near the southern boundary of Trapper's Crossing. <br />Council Member Lyden said he was concerned about safety on the present roadway. He <br />asked if the interest on this donation could be used to construct bike trails alongside of <br />the roadway. Mr. Hawkins said it could if the bike trail was a part of the roadway. He <br />suggested that the City use other funding for bike paths. <br />Council Member Lyden express dissatisfaction regarding the proposed fencing. He said <br />that the City Council should be well aware of what type fence is being proposed. He felt <br />that if the City Council would make an error on this issue it should be in favor of the <br />residents so that they get the type of fencing requested. Council Member Lyden said that <br />when this issue was first started in 1994, the project was above and beyond State Statute <br />Chapter 429. He asked how this matter has "come down" from 429. Mr. Hawkins <br />explained that staff has negotiated as much as possible. He said that if the City Council <br />rejects this agreement, the developer will begin litigation against the City. It is possible <br />that the City will be forced to assess the developer and be required to install a MSA <br />street. Mr. Hawkins said that this agreement will provide an improved street from Birch <br />Street to the entrance of Trapper's Crossing, Phase 1 and the developer will pay the City <br />and additional $265,000.00. The agreement also states that the City can withhold <br />building permits if the fencing is not done as required in the agreement. <br />Council Member Bergeson asked if the Planning and Zoning Board requires additional <br />landscaping, can the developer say no. Mr. Hawkins explained that this matter will not <br />PAGE 2 <br />