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Further discussion: Councilmember Hendriksen questioned the financing of the trail. <br />Community Development Director Frolik replied that the financing would be as the Planning <br />Commission proposed. The developer would pay for the trail within the development and the <br />portion outside of the development the developer would receive credit towards trail fees that <br />would be collected from Rivers Pine 5"' Addition. Councilmember Hendriksen stated at this time <br />they don't know why the segment along Apple Ridge was not constructed as part of the 1st phase. <br />Mayor Gamec replied that staff could bring that information back at final plat. Councilmember <br />Zimmerman stated that he could not approve the plat before knowing why trail fees were not <br />collected as part of the Apple Ridge Addition. Councilmember Anderson replied that the City <br />couldn't go back and charge the developer for something they did five years ago. <br />Councilmember Hendriksen questioned what if they discover that the developer is already <br />obligated to construct the trail and not receive credit for it. Councilmember Anderson replied <br />that that could be addressed at final plat approval. Councilmember Hendriksen stated that the <br />question is whether it will cost the City money or not. Community Development Director Frolik <br />noted that if the developer were to have been required to construct the trail the City would not <br />have released their performance bond and it was released years ago. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, and Anderson. Voting <br />No: Councilmembers Hendriksen and Zimmennan. <br /> <br />Case #5: <br /> <br />Request to Rezone Property from B-1 Business to R-3 Urban Residential; <br />Case of Orrin Thompson Homes <br /> <br />Community Development Director Frolik stated that on December 11, 2001, the City Council <br />introduced an ordinance to rezone property located south of Sunwood Drive and west of T.H. <br />#47 from B-1 Business to R-3 Urban Residential. The rezoning would allow the property to be <br />developed with a townhouse development. <br /> <br />Motion by Councihnember Kurak, seconded by Councilmember Zimmerman, to adopt <br />Ordinance #02-003 relating to a request to rezone the subject property from B-1 Business to R-3 <br />Urban Residential. <br /> <br />A roll call vote was performed by the Recording Secretary: <br /> <br />Councilmember Anderson aye <br />Councilmember Hendriksen aye <br />Councihnember Zimmennan aye <br />Councihnember Kurak aye <br />Mayor Gamec aye <br /> <br />Motion carried. <br /> <br />City Council/January 22, 2002 <br /> Page 13 of 25 <br /> <br /> <br />