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Assistant Director of Public Works Olson stated that is why she is asking. She stated if these are <br />substandard to begin with, she would be reluctant to put such a policy in place. She stated she <br />would be reluctant to assess somebody when the sidewalk was substandard to begin with. <br /> <br />Chairperson Elvig stated four-inches is standard. <br /> <br />City Engineer Jankowski stated it is standard except the driveways. <br /> <br />Assistant Director of Public Works Olson asked if there was any way that they could legally get <br />more of an escrow. <br /> <br />City Engineer Jankowski stated he did run this case by the City Attorney, and he basically <br />consented that they should go this route. <br /> <br />Assistant Director of Public Works Olson stated that they really didn't hold up their end of the <br />bargain. <br /> <br />Mayor Gamec stated that in the development agreement they've written off the plat almost <br />completely. <br /> <br />Assistant Director of Public Works Olson stated that they had with the exception of $38,000. He <br />stated if the direction is that they start heading in a different direction and rip them all out and bill <br />the developer and get into a battle as to who pays the bill because they are substandard, that's one <br />option. <br /> <br />Mayor Gamec stated they would spend more on that lawsuit than they would if they were going <br />to do those driveways. But with the $38,000 and not having to replace them all, they should <br />come out pretty decent. <br /> <br />Public Works Director Kapler stated they had discussed this at length as a staff, and the money is <br />one thing, but to their residents just to tear them out, that is why they thought it' s a little bit of a <br />gamble. <br /> <br />Assistant Director of Public Works Olson suggested they take the money that was left after <br />replacing the broken sidewalks, and put it back into the escrow for the seal coating. Then these <br />people are the direct beneficiary of the left over escrow money for the seal coating of the streets. <br />He stated they could hold the money in a special fund. <br /> <br />Mayor Gamec stated they could just keep that amount in the escrow account and see what <br />happens. <br /> <br />Chair Elvig asked why they didn't have a return on the calls. <br /> <br />City Engineer Jankowski stated he did return the calls when he was threatening to do it last <br />November. <br /> <br />Public Works Committee / April 19, 2005 <br /> Page 13 of 21 <br /> <br /> <br />