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City Attorney Goodrich stated that if in fact they get signatures on the agreement from the <br />property owners, then the settlement will be fine, but they have not had much cooperation from <br />them. <br /> <br />Councilmember Kurak stated that when they dug the hole they had to access someone else's <br />property to get the equipment to the back of the property and so how are they going to get in <br />there to complete the work if they agree to the settlement. <br /> <br />City Engineer Jankowski replied that they could require that the property line be fenced all the <br />way to the street. <br /> <br />Councilmember Cook stated that they need to make provisions in the settlement agreement that <br />they are going to legally get the equipment into the site to correct the problem. <br /> <br />Councilmember Kurak stated that the settlement agreement will require that they do work on <br />Northfork property and inquired if they have permission to do so. <br /> <br />City Engineer Jankowski replied that he has had discussions with Dennis Peck from Northfork, <br />Inc., and they are willing to let them do the work on their outlot. <br /> <br />Mayor Gamec stated that there should be language in the settlement agreement that states that <br />any equipment used on the property must be solely used on their property unless they receive <br />written permission. <br /> <br />City Engineer Jankowski recommended that they require construction fence to be installed on the <br />boundary of 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 />City Attorney Goodrich replied that they could be charged with criminal trespass and be ordered <br />to pay restitution. <br /> <br />Councilmember Cook noted that if the Council proceeds with the settlement agreement the <br />property owners would have until July 1st to comply with the agreement otherwise the City can <br />proceed with legal action. <br /> <br />City Engineer Jankowski replied that the City would follow through with issuing the complaint if <br />they don't comply. <br /> <br />Councilmember Elvig stated that the property owners dug a hole and placed the dirt on someone <br />else's property and if there is 11,000 cubic yards of excess dirt after the berm is reduced in size <br />how large is the hole. <br /> <br />City Engineer Jankowski replied that he did not have that information available. <br /> <br />City Council/May 13, 2003 <br />Page 18 of 29 <br /> <br /> <br />