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City Attorney Goodrich advised the assessments cannot be appealed to a District Court unless <br />there is written notice of objection submitted to the Council prior to a public hearing. <br />Presentation <br />City Engineer Himmer reviewed the staff report. <br />Mayor Ramsey pointed out if there is an issue with the project, it will be resolved. A contractor <br />will not be allowed to deviate from the specifications they originally bid on and if there are <br />issues, the contractor would be required to make the repair. <br />City Engineer Himmer stated he received a call on Project #11-04 questioning whether the <br />assessment was per unit. He clarified this is a building with several tenants and one assessment <br />is being split. He suggested the Council consider this issue. <br />Councilmember Backous returned to the Chambers at 7:33 p.m. <br />Motion by Councilmember Elvig, seconded by Councilmember Backous to close the regular <br />portion of the City Council meeting at 7:33 p.m. in order to conduct a public hearing. <br />Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Elvig, Backous, McGlone, <br />Strommen, Tossey, and Wise. Voting No: None. Absent: None. <br />Public Hearing <br />Mayor Ramsey called the public hearing to order at 7:33 p.m. <br />Citizen Innut <br />Barb McKusick, 6801 - 157th Lane NW, asked whether this is the place to object to the <br />workmanship. <br />City Attorney Goodrich stated staff will look into it. He explained the objections at this meeting <br />would pertain to the amount of assessment. The Council can assess the property by the amount <br />of the improvement portion for that property. <br />Ms. McKusick questioned if residents will be charged if more asphalt is put in. <br />City Engineer Himmer stated if the quantity increases, the City would need to pay but if the <br />contractor is deficient in the work, the contractor will need to make the corrections. There would <br />be no additional costs to the homeowners. He explained if the Council adopts the assessment <br />role, no further costs will be passed on to the residents. <br />Councilmember McGlone inquired how the contract was written and what the expectation is by <br />the homeowners. <br />City Council / October 11, 2011 <br />Page 6 of 17 <br />