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MINUTES <br />CITY COUNCIL <br />OCTOBER 24, 1995 <br />Nagle stated that he did not believe there were any gas <br />line issues on Lake Street which would cause the <br />project to be delayed. <br />The Administrator noted that the Lake Street contract <br />was tied to the Jackson/Old C/Lakeshore project by the <br />contractor. <br />Nagle stated that the Lake Street property owners will <br />assume they will hear on the liquidated damages issue. <br />Nagle indicated that the result is that the property <br />owners lived with four months of dust and <br />inconvenience. Nagle pointed out that Valley Paving <br />has been used by the City in the past and he heard that <br />the City stopped using them ten years ago because of <br />their poor quality work. Nagle stated that he hoped <br />the City did not use Valley Paving again. <br />Fahey stated that the City should have a system of <br />internally tracking projects and experiences with <br />contractors for future reference. <br />The Administrator stated that he was not sure of Valley <br />Paving's previous status with the City ten years ago. <br />Nagle again stated that the property owners were not <br />aware that the final lift would be installed next year. <br />Fahey replied that it is apparent that the City has had <br />bad experience with Valley Paving, and the fact that <br />the project is being assessed prior to completion is an <br />issue with the property owners. Fahey suggested that <br />for future projects, the City explore the option of <br />assessing upon completion, although he noted that this <br />will add to the assessment cost. <br />Nagle reported that he has read the court file on the <br />Becker assessment appeal, and finds nothing in that <br />file that the court supported a minimum or maximum <br />assessment, but only dealt with the issues of assessing <br />a regular lot at approximately 7% of its market value. <br />Nagle noted that the Lake Street assessment is <br />approximately 3% of market value. Therefore, it might <br />be a risk in pursuing an appeal. <br />Fahey noted that the specific findings of the Becker <br />case made a broad statement as to the reasonableness of <br />the assessment policy. Morelan pointed out the 12th <br />finding of fact in the court's decision. <br />Nagle felt that the engineering job done on the project <br />23 <br />