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2) Installation of Sidewalk on 145th Lane and 146th Avenue <br />The Public Works Committee recommended that staff determine the appropriate trail fee that <br />should be charged to the developer and that those funds be used toward the installation of the <br />sidewalks and if there is a shortfall on funds that the remaining dollars come out of the City's <br />trail fund. The motion was amended to forward the issue to the Park Commission for their <br />recommendation. <br /> <br />City Engineer Jankowski noted that the Park Commission made a recommendation that the City <br />should request that the developer assist in the construction of the sidewalk. <br /> <br />Mayor Gamec stated that it was a Council decision to eliminate the trail from the development <br />and, therefore, the funds should come from the trail fund. <br /> <br />Councilmember Kurak agreed, stating that the City and the developer have signed a <br />development agreement and within that agreement it indicates which fees the developer would <br />pay. She did not believe that it was appropriate for the City to go back on the development <br />agreement and request additional funds for a sidewalk outside of their development. <br /> <br />Councihnember Zimmerman replied that the reason the sidewalk was being constructed was <br />because of the development. <br /> <br />Councilmember Kurak stated that the sidewalk should have been constructed when the <br />development was done and to request additional funds from a developer after a development <br />agreement has been signed was bad policy. <br /> <br />Councilmember Cook stated that there was a split City Council as to whether they have a trail in <br />the back yard or to eliminate the trail and collect the trail fee and park dedication instead. As a <br />way to resolve the issue he recommended that a sidewalk be constructed in the front yards of the <br />existing homes along 145th Lane and 146th Lane to complete the loop since the people did not <br />want a trail in their back yard. If the developer is already paying park dedication and trail fees he <br />should not be paying any more funds for the sidewalk. <br /> <br />Councilmember Elvig agreed, but at one point in time the developer was in agreement with <br />paying for the trail and when it was moved to the front of the existing properties he anticipated <br />that the developer would pay for that sidewalk. <br /> <br />Councilmember Kurak replied that the developer paid trail fees in lieu of the trail. <br /> <br />City Engineer Jankowski noted that the total cost of the project is around $80,000 to $90,000 and <br />the amount they would be asking from the developer would be $11,000. <br /> <br />Councilmember Cook inquired if there was $12,000 available in the trail fund. <br /> <br />City Council/July 8, 2003 <br />Page 26 of 30 <br /> <br /> <br />