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1 <br />1 <br />1 <br />COUNCIL WORK SESSION <br />CITY OF LINO LAKES <br />COUNCIL MINUTES <br />APRIL 21, 1993 <br />DATE April <br />TIME STARTER ..:. 5:;00 <br />................................................................................... <br />.................................................................................... <br />TIME... ENDED....;:>::::::'`: 7:.::15 <br />.................................................................................... <br />MEMBERS PRESENT• Rede <br />MEMBERS ;ABSENT ;. :None <br />City Engineer, Darrell Schneider; City Attorney, Bill Hawkins; <br />Public Works Director, Don Volk; City Administrator, Randy <br />Schumacher and Clerk -Treasurer Marilyn Anderson were also <br />present. <br />Proposed April 26, 1993 City Council Agenda Item; Consideration <br />of Settlement/Agreement for Legal Action Pending Relative to the <br />1991 Brandywood Estates Improvement Project <br />Mr. Hawkins presented a brief background on this matter. The <br />City of Lino Lakes has retained $30,000.00 of the contract for <br />the improvements made by Arcon Construction in Brandywood <br />Estates. The retainage was in part due to improvements not being <br />completed as required by the contract and because of warranty <br />consideration. The construction exceeded the amount of <br />assessment and this was due in part to engineering costs <br />exceeding original estimates. <br />Short -Elliott -Hendrickson (SEH) has agreed to fund $10,000.00 of <br />the $30,000.00 balance. The City has sufficient funds to cover <br />the balance of the contract. Mr. Hawkins will be recommending <br />that the City pay the balance of the contract, $30,000.00. <br />Mr. Hawkins explained that there still is outstanding litigation <br />with Arcon Construction regarding the Reshanau Lake Trunk Sewer <br />construction. Arcon Construction has filed a large claim for <br />damages due to the unusual amount of rainfall. They are also <br />claiming that the City did not provide sufficient data regarding <br />water conditions on the project site. If Arcon Construction is <br />successful with the litigation, a significant impact will be felt <br />statewide since weather conditions have never been considerations <br />in such matters before this litigation. <br />PAGE 1 <br />