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<br />of it. She then suggested looking into whether the fund is healthy enough to make that <br />feasible. <br /> <br />Motion was made bv Council Member Broussard Vickers and seconded bv Council <br />Member Capra to approve Resolution #03-046 as presented. AU in favor. Motion <br />carried unanimouslv. <br /> <br />2. Truth-in- Taxation Hearing <br /> <br />Ms. Paulseth suggested setting December 1,2003 as the truth-in-taxation hearing date. <br /> <br />Motion was made bv Council Member Broussard Vickers and seconded bv Council <br />Member Lee to reschedule the November 26. 2003 Council MeetinS! to December 1. <br />2003 and have that as the truth-in-taxation hearinS!. To set December 10.2003 as <br />the continuation hearinS! and to move the December 24. 2003 Council MeetinS! to <br />December 23. 2003. AU in favor. Motion carried unanimouslv. <br /> <br />3. Kelly's Noise Permit for Benefit <br /> <br />Council Member Capra asked that Kelly's end the benefit concert at 11:00 p.m. in <br />consideration of the residents in the area. <br /> <br />Motion was made bv Council Member Capra and seconded bv Council Member <br />Paar to approve a noise permit for a benefit concert at Kellv's on Seotember 28. <br />2003 from 11:00 a.m. to 11:00 p.m. AU in favor. Motion carried unanimouslv. <br /> <br />vm. OLD BUSINESS <br /> <br />1. Hunter's Crossing Developer's Agreement <br /> <br />Council Member Broussard Vickers asked if this agreement has the pre-payoff wording <br />in it. Ms. Paul seth indicated the bond would be structured so that there is no need for <br />language in the developer's agreement so there should be little to no risk for the City. <br /> <br />Council Member Broussard Vickers asked whether the City can deny a 429 request. <br /> <br />City Attorney Hoeft indicated the City does not have to agree to the 429 but usually does <br />so to allow the City's engineer to do the work and provide some control over it. He then <br />said there is very little risk to the City. <br /> <br />Council Member Capra asked whether there is any recourse to require additional storm <br />sewer flushing if required. City Attorney Hoeft indicated that the amount in the <br />document establishes an escrow and if there were additional storm sewer flushing <br />required the developer is responsible for that. <br /> <br />Page 7 of II <br />