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July 12, 1976 Page 10 <br />Engineer Bearden explained the plan. He estimated the whole job <br />for construction costs would be $12,800. If you put the pipe in it <br />will be $400 more. <br />Councilman Baumgartner recommended putting the pipe in. <br />Councilman Shelquist asked if they were going to build the ditch up <br />over the pipe or what? Engineer Bearden replied that the ditch <br />would be filled about four feet. On the open ditch the cost <br />estimate includes sodding the soil. Every place that there is <br />an open ditch it will be all sodded. In a flat ditch it will <br />be seeded. There won't be any extensive slopes that will be <br />seeded. The Highway Dept. thought that maybe the pipe in there <br />would be the better answer. From this point on I doubt if it would <br />be 25 %, probably 15 %, depending on problems that may come along. <br />Councilman Shelquist stated that we ought to put the pipe in all <br />of the way between Long Lake Road and the southeast access because <br />the major concern is the danger of a car going into that ditch. <br />MSP (Shelquist- Baumgartner) to order the improvement identified as <br />the July 1976 revision of the preliminary report of May 1976 as <br />amended 7- 12 -76, accept the final plan and specifications for the <br />project, and instruct the administrator to advertise for bids to be <br />opened at 11:30 a.m. July 26. <br />Jerome Casey, 7750 Greenwood Drive, stated that your current intent <br />is to assess the shopping center? <br />Atty. Meyers stated that there is no other way unless they abandon <br />the whole project and start over. <br />Mr. Casey said that Attorney Frisch either said that they would be <br />willing to accept 100% if the price were lower, or at any cost they <br />would accept limited liability. <br />Atty. Meyers stated that it doesn't matter. The only question <br />before the court will be the assessment hearing. The Council prepares <br />a proposed assessment and has a public hearing on it and ultimately, <br />after reviewing it, adopts the assessment. Then they can appeal. <br />Mr. Casey stated that several of them are suing the shopping center <br />themselves and they don't want any action the Council will make that <br />will jeopardize them. <br />A roll call vote was requested: <br />Councilman Pickar - aye <br />Councilman Shelquist - aye <br />Councilman Baumgartner - aye <br />Acting Mayor Hodges - aye <br />4 ayes <br />