11/12/1985 Council Minutes - Laserfiche WebLink

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1 1 1 0177 COUNCIL MEETING November 12, 1985 Page Two not detrimental to the house and the footings would support the weight of the house. Soil tests were not taken at this time and Mr. Irwin's claim was rejected because the ground is not part of the insurance liability, only the building structure. He called the builder and told them the insurance company said the ground under the house is the builder's responsibility. The builder said his obligation expires two years after the house is built. Mr. Irwin said he believes this statement is contrary to state law. Mr. Irwin contacted the attorney general who suggested trying voluntary arbitration and binding arbitration was scheduled. However, Mr. Irwin said this could affect a potential lawsuit and so he is not pursuing it at this time. He asked the Council if they can make any suggestions or recommendations. It was determined that the records of the City have been searched and there are no records of soil tests. Mayor Benson suggested that Mr. Irwin contact Ken Rehbein directly. Mr . Reinert said this would be a civil matter and he should pursue this with an attorney. Mr. Hawkins said this appeared to be a civil matter and the City would provide help as far as providing access to all records on the matter and the availability of the building official. He should explore with the help of an attorney the liability of the City or a potential claim against the City. Mr. Irwin asked if the City could ask Mr. Mobley, former City Building Official to write a letter indicating what he observed. Mr. Hawkins said that since Mr. Mobley is no longer an employee, the City has no control over him. However, depositions could be obtained from Mr. Mobley if a civil action were started. Mr. Kluegel told Mr. Irwin he would recheck the files and let Mr. Irwin know if anything is found. Mr. Marier said the City would make any information available to Mr. Irwin and suggested he contact the directly. it has builder AUDITOR'S REPORT - ROB TAUTGES Revenue Sharing Compliance Audit - Mr. Tautges has supplied the Council with the compliance audit and explained this is an audit required once every three years. The conclusion of the audit was that the City did a good job of monitoring the administrative procedures of the Revenue Sharing program. He also explained that the funding of this program is scheduled to expire in September 1986. This should be considered in the 1986 budget plans.