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City Attorney ©oodrich stated tlnat iF in ~qct they get signatures on the agreement ]5'om the <br />property ow~ers, then thc settlement will be fine, but they have not had much cooperation t¥om - <br /> <br />Councilmen-~ber Kin'ak stated that when they dug the hole they l'md to access someone eise's <br />property ~o get tlne equipment to the back of the property and so how are they going to get in <br />tlnere to complete the work if they agree to the settlement. <br /> <br />City F~ngineer Janl<_owski replied that they could require tlnat the property line be fenced all the <br />way to the street. <br /> <br />Councilmcmber Cool< stated that they need to make provisions in the settleme~qt agreen-tent that <br /> ,, ' ,, ~ ~ ~ the equipment into the siteto correct the problem. <br />they are oo~no to legally ,~et <br /> <br />Cotmcilmember l<_urak stated that the settlement agreement will require that they do worl< on <br />North~'ork prOl>et'ty and inquired if they have permission to do so. <br /> <br />City 12ngineer 3ankowsl<i replied that he has had discussions with Dem~is Peck from Northfork, <br />Inc., and they are willing to let them cio the work on their outlot. <br /> <br />tX,'layor ('}amec stated that dmre should be language in the settlement agreement that states that <br />any ecluil>ment used on tine property must be solely used on their property unless they receive <br /> <br />Cit,, lEngi neer Jan [<ox,vski recorn mended that they require construction fence to be installed on the <br />boulqdary o l-' the Jacob's property. <br /> <br />Councilmember Kurak stated that they need to resolve this issue and questioned what the next <br />step will be if the Van Norman's and the Jacobs don't agree with the settlement agreement. <br /> <br />Cilv Atlornev C-5oodric[n replied that they could be charged with criminal trespass and be ordered <br />to pay restitution. <br /> <br />Councilmembcr Cool< noted that il the Council proceeds with the settlement agreement the <br />property owners would have until July Ist to comply with tim agreement otherwise the City can <br />proceed with legal action. <br /> <br />City gngHneer ,lankowski replied that the City would follow through with issuing the complaint if <br />they don't comply. <br /> <br />Councillnember F_'lvig stated that tine property owners dug a lnole and placed the dirt on someone <br />else's property and il:there is 11,000 cubic yards oFexcess dirt aq'f'ter the berm is reduced in size <br />how large is the hole. <br /> <br />City IEngineer Janl<owski replied that he did not have that information available. <br /> <br />P62 <br /> <br />City Conncil/May 13, 2003 <br />Page 18 of 29 <br /> <br /> <br />