10-24-2011 CC - Laserfiche WebLink

Home Browse Search

1 393493v1 SJR MU210-162 Item No: 7.A. Meeting Date: October 24, 2011 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Continued Public Hearing to Receive Public Input and Pass Upon Resolution 7834 Accepting a Payment as the Full and Final Settlement of Disputed Charges for a Water Main Repair A public hearing to consider an assessment for a water line repair was opened and continued on Monday, October, 10, 2011. The continuation was at the request of the property owner in order to allow for time to meet with the City and discuss the charges being certified. The City Administrator and City Attorney met with the property owner and his attorney on Friday, October 14, 2011. The property owner disputed the charges and claimed the City was responsible for the leaking water line. The property owner however did not present any evidence that would lead a reasonable person to conclude the City was in any way responsible. The City would most likely prevail if this would go to court. However, the cost to defend would be incurred by the City even if successful. This was taken into account in agreeing to bring the proposed settlement to the City Council of $5,500 as payment in full to resolve the disputed charges. The Public Hearing is still open so the City Council may take any additional public comment, close the public hearing, and then discuss the proposed resolution. The City has received $5,500 from the land owner as a requirement of the proposed settlement. City staff and the City Attorney are available to answer any questions the City Council may have regarding resolution 7834. Respectfully submitted, ___________________________ Mark Beer