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<br />It ~. <br /> <br />Councilmember Brenner questioned Staff about the recommendation from the Park and <br />Recreation Committee. Mr. March reported their recommendation is to omit the trail in lieu of a <br />cash settlement. <br /> <br />Mayor Wilharber clarified another trail will connect Brian Drive to the Eagle Pass Development. <br />Councilmember Powers confirmed sidewalk is constructed along Dupre Road in the development. <br /> <br />Councilmember Brenner felt comfortable with the Park and Recreation recommendation and <br />suggested a cash payment of $7000. Mayor Wilharber believed by removing the trail the City <br />may eliminate future problems with this section of the trail leading to the pond and attracting <br />children. Councilmember Powers was disappointed the City spent time developing a trail vision <br />and then now the vision is proposed to be amended. <br /> <br />Mr. March said the Councils wishes are sound. However, he felt the watermain assessment and <br />the trail issue should coincide with each other. Mr. Quigley stated the Eagle Pass Developers <br />only received a pending assessment notice but no further notice nor statements were received. <br />Mayor Wilharber confirmed the assessment cost is approximately $58,200. <br /> <br />Councilmember Brenner noted in the legal councils opinion the developer should not be required <br />to pay all existing interest. Mr. Quigley commented the city granted a $20,000 credit for <br />oversizing against the assessment. Councilmember Brenner commented the legal council stated <br />the first year of interest can be excused. Mr. March felt the developer incurred a debt and should <br />be responsible for paying the debt and interest. Councilmember Powers suggested the developer ( . <br />pay the principal amount. Mr. March recommended the City request $9000 for eliminating the <br />trail. Mr. Quigley recalled the developers committed to exceed the City expectation when <br />preparing to develop the park. <br /> <br />Councilmember Powers moved to accept a $7000 cash payment in lieu of the trail section. <br />Motion seconded by Councilmember Brenner. Motion carried unanimously. <br /> <br />Councilmember Powers moved to allow the Eagle Pass Developer to pay the original assessment <br />of $58,200 minus over sizing fees plus a $500 good faith gesture towards interest. Motion died <br />for a lack of a second. <br /> <br />Councilmember Brenner moved to allow the Eagle Pass Developer to pay $58,000 plus $6000 <br />interested accrued. Motion died for a lack of a second. . <br /> <br />Mayor Wilharber moved to allow the Eagle Pass Developer to pay the assessment placed on the <br />inactive property identification number with no interest. Motion died for a lack of a second. <br /> <br />Councilmember Powers moved to allow the Eagle Pass Developer to pay $58.000 plus half of the <br />interest accrued. Motion seconded by Councilmember Brenner. Motion carried unanimously. <br /> <br />2 <br />