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HomeMy WebLinkAbout10.20.86 Council Minutes 293 MINUTES COUNCIL MEETING REGULAR OCTOBER 20, 1986 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Orr, Sprute. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Sprute, second by Orr to approve the agenda with the following changes: a. Remove item 11a - Approve Change Order #1 - Consent Agenda for general discussion. b. Consider releasing Plaas Plumbing bid bond. motion carried. Project 86-12 from the APIF, 3. The Council next considered the claims from the 7th Street sanitary sewer backup. Insurance Agent Brian Lundquist stated that the Council should not admit liability on a claim until the insurance company has had a chance to review it, as it may hamper the insurance defense. Mayor Akin stated that citizens should have the right to approach the Council at any time. Discussion followed relating to City procedures for handling claims. Finance Director Henneke informed the Council that the insurance company would pay the entire claim, and bill the City for the deductible. Therefore, the City would be liable for the entire deductible. Motion by Orr, second by Mayer to pay the deductibles and to inform Ron Gilbertson of its decision. APIF, motion carried. 4. Motion by Akin, second by Orr to approve the minutes of the October 6, 1986 regular meeting with the amendment that the request for County landfill abatement assistance was made by adoption of Resoluton No.R86a-86. (Paragraph #17). APIF, motion carried. 5. It was the consensus of the Council to approve the minutes of October 9, 1986 special meeting. APIF, motion carried. 6. Mayor Akin opened a public hearing at 7:15 P.M. to consider the proposed assessment roll for Projects 86-1 thru 86-4. Administrator Thompson indicated that all property owners had waived their rights to appeal the assessments. Mayor Akin closed the public hearing. 7. Motion by Akin, second by Kelly to adopt Resolution No. R93-86 adopting the proposed assessment roll for projects 86-1 thru 86-4. APIF, motion carried. 8. Mayor Akin opened a public hearing at 7:30 P.M. to consider the proposed assessment roll for Projects 86-5 thru 86-8. Administrator Thompson stated that the owner had waived his right to appeal the assessments. Mr. Thompson presented a letter from the developer relating to the assessments. City Engineer Glenn Cook stated that the grading contractor, Richard Knutson, Inc., had left the site and was unwilling to return under the contract prices. Mr. Cook indicated that the contractor claimed he was done with the project and any additional work would be outside of the contract at substantially higher prices. Mr. Cook recommended that the Council terminate the contract. Mayor Akin asked on what grounds the contract would be terminated. Attorney Grannis stated that the contract allowed several provisions for terminating the contract. Mayor Akin asked if there was any correlation between the developers agreement and project contract. Attorney Grannis stated that he did not think the developers agreement would indemnify the City. Administrator Thompson indicated that the City should move to complete the project. Attorney Grannis stated that he did not feel the developer had a 294 claim against the City at this time. Mr. Grannis recommended that the Council direct staff to attempt to have the contractor complete the project and if they are unable to do so, to terminate the contract. Mayor Akin closed the public hearing. 9. Motion by Akin, second by Orr to adopt Resolution No. R94-86 adopting the assessment roll for Projects 86-5 thru 86-8. APIF, motion carried. 10. Motion by Akin, second by Orr to adopt Resolution No. R95-86 authorizing staff to attempt to have Richard Knutson, Inc. complete the project and if unable to do so, to terminate the contract. APIF, motion carried. ~ 11. The Council next considered the proposed assessment roll for Project 86-12. Administrator Thompson proposed several methods of assessing the project, and recommended the Council assess on a front foot basis with corner lot credits. Considerable discussion followed regarding the merits of different assessment formulas. Motion by Orr, second by Akin to adopt Resolution No. R96-86 adopting the assessment roll based on a per lot formula, and to set a public hearing for November 3, 1986 at 7:15 P.M. to consider said assessments. Voting for: Akin, Kelly, Orr. Voting against: Mayer,~. APIF, motion carried. ~~ 12. The Council next considered the proposed assessment roll for Project 82-5. Administrator Thompson stated he had received a request from Stella Hammer to defer the assessments. Attorney Grannis stated that Mrs. Hammer could apply to the County to defer taxes. It was the consensus of the Council that it not adopt a policy for deferment. Motion by Sprute, second by Mayer to adopt Resolution No. R97-86 accepting the proposed assessment roll for Project 82-5 and setting a Public Hearing for November 3, 1986 at 7:30 P.M. to consider said assessments. APIF, motion carried. 13. Motion by Sprute, second by Akin to approve a budget adjustment to purchase 20 trees from the tree removal allocation, and to plant trees along the streets in Project 86-12. APIF, motion carried. 14. The Council next considered Change Order #1 for Project 86-12. It was the consensus of the Council that any driveway work beyond the 3' apron would be assessed 100% against the benefitted property. Motion by Orr, second by Mayer to approve Change Order #1 for Project 86-12. APIF, motion carried. 15. Motion by Sprute, second by Kelly to approve the bills as submitted. APIF, motion carried. 16. Motion by Sprute, second by Akin to release the bid bond of Plaas Plumbing. APIF, motion carried. 17. Motion by Sprute, second by Kelly to adjourn at 9:30 P.M. APIF, motion carried. Respectfully submitted, ~p~ City Administrator Approved 11 Is! 3(0 Q.or<-~ ,\ I t\.t.__ \ ~~~'