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4 <br /> ARDEN HILLS CITY COUNCIL—November 9, 2009 5 <br /> S. Pulled Consent Items <br /> some funds that are coming back into the City and can be accumulated for the costs that may be <br /> incurred by that parcel of property. <br /> Councilmember McClung stated that he would be in favor of this motion. He clarified that this <br /> did not prejudice any future votes regarding TIF and it is important that the City have a wide <br /> variety of options available. <br /> Councilmember Grant stated that he did not generally support the concept of TIF but this could <br /> be one of the tools that the City needs with the TCAAP property. He clarified that approving this <br /> at this time did not signify an automatic endorsement for activating the TIF district. <br /> The motion was called to a vote. <br /> The motion carried 4-1. <br /> Ayes—Mayor Harpstead, Councilmembers McClung, Grant,Holmes <br /> Nays—Councilmember Holden <br /> 6. PUBLIC HEARINGS <br /> None. <br /> 8. UNFINISHED BUSINESS <br /> Be Settlement and Release Agreement with Mr. Ronald Nelson in the Amount of <br /> $16,500 <br /> Public Works Director Greg Hoag stated that at the October 26, 2009 City Council meeting, the <br /> City Council directed the City Attorney to work with Mr. Nelson to develop a Settlement and <br /> Release Agreement that provided for a cash settlement vs. the City designing and constructing a <br /> retaining wall on Mr. Nelson's property. By entering into a Settlement Agreement it allows Mr. <br /> Nelson to have more control of the project, and it will reduce the costs of the project to the City by eliminating the direct City involvement in the design and construction process. City Attorney <br /> Jerry Filla and Mr. Nelson have had several discussions relating to a proposed Settlement and <br /> Release Agreement, and they are both comfortable with the provided agreement. Staff is <br /> recommending that the Council approve the <br /> Settlement and Release Agreement with Mr. Ronald Nelson for the amount of$16,5 00. -- <br /> Mayor Harpstead asked if this would solve the problem with the water drainage and erosion. <br /> Public Works Director Hoag stated that this will direct the water in the right direction and <br /> should resolve the problem. <br /> Councilmember Grant stated that the plans require a large amount of boulders and stone. He <br /> asked if these materials would be transported over the existing trail to Mr. Nelson's property. <br />