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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 26, 1989 PAGE 3 Bohrer felt the contractor did everything that was required and within the tolerance that was prescribed in the specifications. Bohrer agreed that different contractors do different degrees of workmanship. If we cannot legally make this contractor repair the road, Bohrer suggested we should close this contract and wait until next year to select a contractor for repairs and charge it off to MSA Funds. Councilman Graves suggested the Council bring this issue up at the next meeting after Bohrer had the opportunity to go out with the propertyowners to see if there is a basis to require the current work to be updated. MIS/ Graves/Moe - to postpone consideration of the acceptance of the assessment roll for 43rd Street and Kimbro. Councilman Williams didn't see the purpose of postponement; reason being whether or not we can get this particular contractor to come back and fix whatever is wrong, the residents are still going to have to pay the assessments which are very close to what the estimate was. Bohrer clarified that the Council's acceptance of the assessment roll did not have any impact on certification or acceptance of the road. On this basis, Councilman Graves withdrew his motion and Councilman Moe withdrew his second, but noted he wanted some assurance from the Council the concerns of propertyowners would be addressed. M/S/ Graves/Moe - to adopt Resolution 89-44 approving the assessment roll and rate of $1,086.66/Lot for the 43rd Street and Kimbro Avenue Street Improvements; further, the City will pursue determination of whether or not the street, does meet the construction standards for smoothness. If it does not, we will require the contractor to upgrade it to meet the standards. If it does, we have no other recourse to require the current contractor to improve street quality. As a Council we will pursue action in the Spring of 1990; including possible addition of another asphalt layer on top of the current one using MSA Street Maintenance Funds to cover the expense. M/S/P Williams/Graves - to amend the motion to replace the wording, Spring of 1990 as the timeframe for further action, with the wording, reassess the quality of the road prior to expiration of the warranty under the current contractor's contract. If the road still holds up according to the proper standards within that time period, then during the Spring,-1991, seek resurfacing of the road. using MSA Street Maintenance Funds and using an alternate contractor. (Motion carried 5-0). M/S/P Graves/Moe - to adopt Resolution No. 89-44 approving the assessment roll and rate of $1,086.66/Lot for 43rd Street and Kimbro Avenue Street Improvements; further, the Council will pursue reassessment of the quality of the road, according to the proper standards, prior to expiration of the warranty under the current contractor's contract. If the road still holds up, according to the ( proper standards within that time period, then during the Spring 1991, the Council will seek resurfacing of the road, if necessary, using MSA Street Maintenance Funds and using an alternate contractor. (Motion Carried 5-0).