Minutes - Council - 07/23/2013 - Laserfiche WebLink

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City Administrator Ulrich noted if improvements are made in the RTC 9 Addition, the City may not have an option to bill back costs to the property owner. He recommended notifying the property owner of the bid process and attractive bids received. It was noted the City owns RTC 8 Addition and RTC 10 Addition. RTC 9 Addition is owned by a private party. Development Services Manager Gladhill explained it had been a third party escrow agreement and the title company holding that escrow changed and released those funds without notice to the City. The Council discussed whether improvements should be made to RTC 9 Addition in an effort to protect existing infrastructure. It was pointed out that a private title company had made a mistake in releasing the escrow funds, and the property is owned by a private developer who needs to complete the project on private property, so it is not a City problem to solve. Motion by Councilmember Riley, seconded by Councilmember LeTourneau, to adopt Resolution #13 -07 -125 Accepting Bids and Authorizing Award of Contract for IP 13 -00; 2013 Pavement Maintenance Program, to Allied Blacktop Company of Maple Grove, Minnesota in the amount of $338,072.73 for the Program A improvements, and to North Metro Asphalt of Ham Lake, Minnesota in the amount of $187,286.00 for the Program B improvements, excluding the approved alternate bid for wear course for RTC 9 Addition. Further discussion: City Engineer Westby advised the RTC 9 Addition road is currently in poor condition and he supports the suggestion to inform the property owner of the attractive bid received and provide the option of completing that project. The Council discussed road conditions during winter weather and potential for damage to City roadways when the RTC 9th Addition is completed at a future date. City Engineer Westby stated the contractor would level the pavement edge of the RTC 8 Addition to assure a smooth transition. Councilmember Riley stated his motion does not preclude staff from informing the property owner of the attractive bid received. In response to the Council's questions, City Attorney Langel advised that generally speaking, once the escrow money has gone back to the developer, there is typically no contractual recourse to get the money back to the City. With regard to possible recourse should the City's roadway be damaged by a project on private roadways, he indicated it will depend on the language within the City's ordinances and the development agreement but most often, a period of time is allowed to place the wear course. Motion carried. Voting Yes: Mayor Strommen, Councilmembers Riley, LeTourneau, Backous, Kuzma, and Tossey. Voting No: None. 7.02: Adopt Resolution #13 -07 -121 Concerning the Commencement of Renewal Proceedings Under the Federal Cable Act Karen George, Executive Director of Quad Cities Cable Commission (QCCC), explained the purpose of the Commission and terms of the Contract. City Council / July 23, 2013 Page 4 of 6