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I <br />! <br /> <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />City Engineer Jankowski replied that he would have tO verify that, but he was quite confident <br />that there was. , <br /> <br />City Attorney Goodrich inquired if the developer was paying as much as he agreed to in the <br />development agreement. <br /> <br />City Engineer Jankowski explained that the development agreement is only for the first phase of <br />the development so it leaves opportunity to request additional funds. The developer is paying <br />less than he expected because he did not have to construct the trail. <br /> <br />Councilmember Cook replied that he did not construct the trail, but he did pay the required trail <br />fees in lieu of the trail. <br /> <br />Mayor Gamec stated that if the sidewalk is not part of the development he does not see how they <br />can request the developer to pay for the sidewalk. He agreed with using the trail fees collected <br />by the developer to pay for the sidewalk. <br /> <br />Councih'nember Elvig stated that he was confused because he was hearing that the developer <br />paid the trail fees in full, but he Was also hearing that the developer has not paid as much as he <br />expected to pay. <br /> <br />Councilmember Kurak reviewed the trail fees the developer was required to pay. <br /> <br />City Attorney Goodrich noted that the Council should question what the City Engineer meant <br />when he stated that the developer expected to pay more and was that part of a written <br />requirement of the City or part of the development agreement. <br /> <br />City Engineer Jankowski explained that the developer initially presented a plan that included a <br />trail, which he would have been required to construct, but that trail was removed from the plan. <br /> <br />Councilmember Strommen noted that if the developer would have constructed the trail the trail <br />fees paid would have been reduced. <br /> <br />Councilmember Cook replied that that was correct. He reviewed how park dedication and trail <br />fees are collected. <br /> <br />Councilmember Zimmerman inquired if a sidewalk is more expensive than a trail. <br /> <br />City Engineer Jankowski replied yes. <br /> <br />Councilmember Elvig stated that it seems that they have paid appropriate trail fees. <br /> <br />Motion by Councih'nember Elvig, seconded by Councilmember Kurak, to direct staff to pay for <br />the sidewalk along 145th Lane and 146th Avenue from the trail fund as opposed to a further <br />request in the amount of $11,000 from the developer of the Village of Sunfish Lake. <br /> <br />City Council/July 8, 2003 <br />Page 27 of 30 <br /> <br />-83- <br /> <br /> <br />