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that they would not be able to guarantee that the developer would agree to reimburse the whole <br /> amount of the change order. <br /> Councilmember Musgrove shared that she agrees with the need for the change order;however, she <br /> just wants to ensure that it is documented that the City would like to see the reimbursement from <br /> the developer. She said that adding a second clause to address this would be needed in order to <br /> have the resolution follow Council direction. <br /> Councilmember Howell asked if Councilmember Musgrove is just requesting that language <br /> surround Norhart reimbursing the City for these changes be incorporated into the resolution <br /> language. <br /> Councilmember Musgrove said yes. <br /> Mayor Kuzma asked about the dollar amount that this change order would be. <br /> City Engineer/Public Works Director Westby said the total for the change order is just over <br /> $31,000. <br /> Mayor Kuzma shared that he would like to add to the resolution that Norhart would be responsible <br /> for reimbursing the whole amount. <br /> City Administrator Hagen explained that the City has no legal authority to force Norhart to pay <br /> this amount. <br /> Councilmember Olson asked if they could adopt this resolution as is and tag on to the motion to <br /> direct Staff to negotiate the reimbursement of this. <br /> City Attorney Knaak said yes, they could do this; however, he would not recommend it. He <br /> explained that if they plan on negotiating this over time then they need to leave as much open and, <br /> on the table, as they can before a final decision is made. <br /> Councilmember Riley suggested that they maybe should have discussed this before they rezoned. <br /> He added that this case is about paying for a change order that was approved and the work has <br /> been completed. He noted that the resolution is fine as is because it is paying the bill that is due. <br /> He asked if Staff would like some direction on how to address Norhart about the reimbursement <br /> or if they would like Council to add language to the resolution. <br /> City Administrator Hagen said it is up to the Council. He added that Staff's plan has been to <br /> incorporate this reimbursement into the developer's agreement. <br /> Motion by Councilmember Riley, seconded by Councilmember Olson, to adopt Resolution 424- <br /> 120 approving Change Order No. 1 for COR Infrastructure Improvements, Improvement Project <br /> 423-19.. <br /> A roll call vote was performed: <br /> City Council/May 14, 2024 <br /> Page 16 of 18 <br />