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<br />agreement is very similar to the document for Ramsey Town Center 3rd Addition at the Coborn's <br />site. The agreement includes the provision that Holiday will inspect the structure annually and <br />clean it if the sediment depth exceeds 12 inches. <br /> <br />Councilmember Olson asked if there is a billing process if the cleaning is not done by Holiday <br />within the 12 months as required and it needs to be done by the City. <br /> <br />Public Works Director Olson replied this is not mentioned in the agreement because if Holiday <br />does not do the maintenance requirements they will not be offered the 25% credit that is <br />available for the stormwater utility fee. He explained there is a provision included in the <br />stormwater utility fund which provides the ability to capture savings when there is a benefit to <br />the City. <br /> <br />Councilmember Dehen asked if the agreement should include a statement to allow inspection <br />upon demand by the City. <br /> <br />Public Works Director Olson explained the complete construction of this structure is in the <br />public drainage and utility easement. The City has the right for access without permission. <br /> <br />Councilmember Look questioned if the agreement should include language regarding <br />withholding the 25% stormwater utility fee credit. <br /> <br />Public Works Director Olsonjndicated there is not language regarding the credit included in this <br />agreement; it is allowed under City ordinance. <br /> <br />City Attorney Goodrich indicated the stormwater utility ordinance could be referenced in this <br />agreement. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Olson, to approve the pond <br />maintenance agreement with Holiday Station Stores with the addition of a reference to the <br />stormwater utility ordinance in relation to the 25% stormwater utility fee credit. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Olson, Dehen, Jeffrey, <br />Look, and Strommen. V otin~ No: None. <br /> <br />Case #8: <br /> <br />Consider Approval of Acquisition of Easements for the NW Trunk Sanitary <br />Sewer Extension <br /> <br />Public Works Director Olson indicated this case is regarding the 43rd property to be acquired <br />along the Northwest Trunk Sanitary Sewer Extension project. Mr. Olson stated utility and trail <br />easements were obtained from Duane and Mary St. Hilaire for construction of the sewer and <br />trail. The drainage and utility easement and trail easement descriptions previously acquired left <br />gaps between the easements. The trail was inadvertently constructed close to the edge of the trail <br />easement. The property owner contacted staff regarding ATV's trespassing on his property, and <br />wanted to place a fence along his property. Staff did not want the fence to be installed on the <br />easement, which resulted in the need for additional easement so that the owner can construct a <br /> <br />City Council / June 12, 2007 <br />Page 20 of 29 <br />