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Principal City Engineer Olson stated that the first step will be acqUiring the outlot from the <br />developer and then the City will have to subdivide the land to each of the homeoWners. <br /> <br />Councilmember Kurak inquired if the residents would be Unable to construct the fence until that <br />process is completed. <br /> <br />Principal City Engineer Olson replied that by allowing them to place the fence on the top of the. <br />berm the residents will be provided with more privacy and typically the trail should go in before <br />the fence. If the trail goes in before'the fence then they will have a few months of people using <br />the trail without the privacy. <br /> <br />Councilmember Zimmerman inquired as to how far from the Westerly line of outlot b would the <br />top of the berm be. <br /> <br />City Engineer Jankowski replied that the top of the berm would be about ten to 15. feet away. <br /> <br />Mr. Rabowski stated that all of the homeowners have agreed to construct the fence and be <br />responsible for the maintenance on the additional 15 feet of property: <br /> <br />Councilmember Zimmerman stated that he thought they .should send a request to the Parks <br />Commission requesting a response on how they would like the City to address these types of <br />issues in the future. <br /> <br />Councilmember Kurak replied that the City will be addressing these types of issue with future <br />development agreements. <br /> <br />Councilmember Zimmerman inquired as to what was required as part of the 5th addition. <br /> <br />Principal City Engineer Olson replied that the City did not require a 40~foot outlot because they <br />felt the access issues were resolved, but they do have a 20-foot easement that could be used for~ <br />trail easement so the two areas would be in conformance with each other. <br /> <br />Councilmember Hendriksen inquired if US Homes had agreed to turn the land over t° the City at <br />no cost. <br /> <br />City Engineer Jankowski replied yes. <br /> <br />Principal Engineer Olson stated that he was fairly confident that the~ development agreement <br />states that the outlot can be transferred to the City at the City's request. <br /> <br />Councilmember Hendriksen stated that it seemed like option three was the best for everyone <br />except the City ends up with some legal costs. He inquired if there was any willingness by the <br />homeowners to defray the legal costs of subdividing the lots. <br /> <br />Public Works Committee/October 15, 2002 <br /> Page 5 of 11 <br /> <br />-23- <br /> <br /> <br />