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11/12/1985 Council Minutes
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11/12/1985 Council Minutes
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City Council
Council Document Type
Council Minutes
Meeting Date
11/12/1985
Council Meeting Type
Regular
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1 <br />1 <br />1 <br />0177 <br />COUNCIL MEETING <br />November 12, 1985 <br />Page Two <br />not detrimental to the house and the footings would support <br />the weight of the house. Soil tests were not taken at this <br />time and Mr. Irwin's claim was rejected because the ground <br />is not part of the insurance liability, only the building structure. <br />He called the builder and told them the insurance company said <br />the ground under the house is the builder's responsibility. <br />The builder said his obligation expires two years after the <br />house is built. Mr. Irwin said he believes this statement <br />is contrary to state law. Mr. Irwin contacted the attorney <br />general who suggested trying voluntary arbitration and binding <br />arbitration was scheduled. However, Mr. Irwin said this could <br />affect a potential lawsuit and so he is not pursuing it at <br />this time. He asked the Council if they can make any suggestions <br />or recommendations. <br />It was determined that the records of the City have been searched <br />and there are no records of soil tests. Mayor Benson suggested <br />that Mr. Irwin contact Ken Rehbein directly. Mr . Reinert <br />said this would be a civil matter and he should pursue this <br />with an attorney. <br />Mr. Hawkins said this appeared to be a civil matter and the <br />City would provide help as far as providing access to all records <br />on the matter and the availability of the building official. <br />He should explore with the help of an attorney the liability <br />of the City or a potential claim against the City. <br />Mr. Irwin asked if the City could ask Mr. Mobley, former City <br />Building Official to write a letter indicating what he observed. <br />Mr. Hawkins said that since Mr. Mobley is no longer an employee, <br />the City has no control over him. However, depositions could <br />be obtained from Mr. Mobley if a civil action were started. <br />Mr. Kluegel told Mr. Irwin he would recheck the files and let <br />Mr. Irwin know if anything is found. <br />Mr. Marier said the City would make any information <br />available to Mr. Irwin and suggested he contact the <br />directly. <br />it has <br />builder <br />AUDITOR'S REPORT - ROB TAUTGES <br />Revenue Sharing Compliance Audit - Mr. Tautges has supplied <br />the Council with the compliance audit and explained this is <br />an audit required once every three years. The conclusion of <br />the audit was that the City did a good job of monitoring the <br />administrative procedures of the Revenue Sharing program. <br />He also explained that the funding of this program is scheduled <br />to expire in September 1986. This should be considered in the <br />1986 budget plans. <br />
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