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Mounds View City Council January 12, 2009 <br />Regular Meeting Page 7 <br /> <br />either side of the road. Parking will be allowed only on the west side of Red Oak Drive from 1 <br />Hillview Road to Long Lake Road. 2 <br /> 3 <br />MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7400, Establishing Parking 4 <br />Regulations for Red Oak Drive from County Road 10 to Long Lake Road. 5 <br /> 6 <br /> Ayes – 5 Nays – 0 Motion carried. 7 <br /> 8 <br />D. Resolution 7398, Accepting the County Road 10 Trail, Segments 9 & 10 9 <br />Project and Authorizing Final Payment. 10 <br /> 11 <br />Council Member Mueller stated that a resident called her to indicate there had been problems 12 <br />with the trail last Spring with flooding and she wanted to assure those issues had been corrected 13 <br />prior to releasing the final payment. She stated it appears the final payment for this project is 14 <br />actually being paid to another entity and asked for confirmation that releasing the final payment 15 <br />releases the City from any future debt to the contractor. 16 <br /> 17 <br />Finance Director Beer advised that when this contract was executed, the contractor designated in 18 <br />a signed document that payments were to go directly to the surety company. The City was 19 <br />served with a lien so staff has been working with the surety and bond service on the amounts 20 <br />owned and they agreed that the amount going to the surety company will pay off the 21 <br />subcontractors who worked on this project. Finance Director Beer explained that once paid, the 22 <br />City is not responsible for IRS or other liens a subcontractor may have. 23 <br /> 24 <br />MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7398, Accepting the County 25 <br />Road 10 Trail, Segments 9 and 10 Project and Authorizing Final Payment. 26 <br /> 27 <br />Council Member Gunn indicated she was also concerned whether the flooding problem had been 28 <br />fixed. Finance Director Beer stated they did additional grading and placed crushed rock to 29 <br />address that issue. Council Member Gunn asked what would happen if it floods again after 30 <br />making final payment. Finance Director Beer stated there have been substantial rains since the 31 <br />crushed rock was placed and been no problem with flooding. 32 <br /> 33 <br />Mayor Flaherty stated he has not been reassured the low area has been fixed and asked whether 34 <br />there was a warranty. Finance Director Beer stated he was not sure the City could get a warranty 35 <br />but Mr. Ryan can be asked. He noted the repair work was discussed at the Council meeting last 36 <br />year. 37 <br /> 38 <br />Council Member Mueller noted the company that worked on the trail is no longer in business so 39 <br />it is not realistic to think there would be a warranty. Finance Director Beer agreed and stated the 40 <br />City may be able to go back to the bonding company. He stated the check will not be issued until 41 <br />the Council’s questions are satisfied. 42 <br /> 43