Agenda Packets - 2014/01/13 - Laserfiche WebLink

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Mounds View City Council November 25, 2013 Regular Meeting Page 6 1 lines were always the responsibility of the property owner and were never covered by the City. 2 3 Council Member Guma inquired if the City was aware that the lateral rise at this property was 4 shared. Public Works Director DeBar conunerited the City did not know that the rise was shared 5 imtil work began in February of 2013. He anticipated that the City could share in a portion of the 6 concrete roadway patch expense due to the fact the water line repair was necessary. He 7 explained that the sewer repair required the City to dig down 20 feet, which made the repair quite 8 larger than originally anticipated. He estimated the concrete patch would cost $25,000 and 9 would require the roadway to be shut down. 10 11 Mr. Garg stated at the meeting held two days after the water line break he was told specifically 12 that he would not have to cover the expense of the concrete road repair. 13 14 Public Works Director DeBar reported that City staff was not aware of the extent of the repairs 15 that were needed. He indicated that City staff worked all through the night in order to clear the 16 sand and correct the problem. He stated he did not recall stating Mr. Garg would not be 17 responsible for the road repair. 18 19 Mayor Flaherty encouraged the parties to reach a compromise. He questioned how the proposed 20 Resolution would be impacted if it were approved by Council and the parties reached a 21 compromise in the near future. City Attorney Riggs advised that the Resolution could be 22 amended in the next 30 days before being filed with the County and placed on the 2014 property 23 taxes. 24 25 Mr. Staunton stated if the assessment were appealed by the property owner the assessment would 26 not be placed on the 2014 taxes. 27 28 Council Member Mueller was unaware how far apart the parties were from reaching a 29 compromise. She asked if it was reasonable to assume the parties could reach a compromise 30 within the next 90 days in order to avoid a court case. City Attorney Riggs stated the parties 31 were approximately $25,000 apart at this time. He reported that by approving the Resolution, the 32 assessment amount would be forwarded to the County and would be certified in 30 days. This 33 action would create a timeframe for further discussions between the City and the property owner. 34 If a compromise was not reached, an appeal would then be made by the property owner. He 35 reported the Council could defer action in hopes of resolving the issue with Mr. Garg, as there 36 would be litigation expenses for both parties if the matter were to go to court. 37 38 Mayor Flaherty preferred that the Council take action and that the two parties continue 39 discussions and work to reach a compromise in the next 30 days. 40 41 Mr. Garg stated he was more than willing to negotiate the matter fiuther with the City. He 42 reported he would be leaving the country on December 15"' for a family vacation. 43 44 Council Member Mueller thanked staff for the thorough reports provided this evening. She 45 expressed concern with forcing the property owner to litigate the matter and wanted to see a spirit