08-09-1999 - Laserfiche WebLink

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Mayor Coughlin stated that it was not the City's responsibility to find a contractor or to deem whether or not they are ethical, only that they are in keeping with the Code. He stated it is incumbent upon any resident with a problem concerning a contractor, to do research with the Better Business Bureau, Department of Commerce and other similar agencies, in dealing with these people. Mayor Coughlin stated there is no conspiracy to get rid of houses or to run people out of the City. He stated if there were, it was a conspiracy hatched twenty years ago when the developers ran these lines, and it would be their conspiracy, not the City's. He stated they would not want to tie up the City work crews with situations like this. He stated the City crews had enough work to carry out in regard to the maintenance of City streets and the like. He stated, in his recollection of the Code, if the City goes any farther than to allow this to be put on a deferred tax basis, it would set a precedent. He explained for example, that the next time his sewer line gave way, he would ask the City to come in and pay for that. He stated they had just heard a resident request the Council to be very prudent with its budget. He stated, in light of this, to start intervening with what is deemed by the Code to be a residential situation, would highly impact the budget at some level. He stated he did not think it appropriate for the City to underwrite these situations. He stated he agreed that this was a lot of money, and a horrible situation to have to face, however, it was no different than if the transmission went out on your car. He stated the City does not have the authority or responsibility to deal with private property. City Attorney Riggs stated that Director of Public Works Ulrich's statement was correct, and the Code does indicate the homeowner is responsible for the line between the water main, and the structure located on the property. Mayor Coughlin stated in light of the time, he would request further discussion of the matter be held privately between Mrs. Vigen and staff. He stated with the consent of the Council he would recommend they maintain present City policy, and request that staff attempt to accommodate the financial issues, as best they can. He requested that staff additionally explore any possible county or state resources that might be available to assist Mrs. Vigen in this regard. City Administrator Whiting offered to meet with Mrs. Vigen and Director of Public Works Director Ulrich, to discuss options that may assist in making the situation less painful for Mrs. Vigen, at her convenience. Council Member Quick asked City Attorney Riggs if the seller of the house had some responsibility, as this is a newly purchased residence. City Attorney Riggs stated this was highly possible, depending upon the contract entered into. He stated that many times private real estate transactions include provisions indicating that the property is accepted "as is". He stated these concerns were out of the purview of the Council, however, this would be worthwhile for Mrs. Vigen to investigate, in terms of the contract and any warranties provided to her. He stated this might provide an avenue by which to recover the costs of the repair. Director of Public Works Ulrich stated that prior Friday, they had a repair very similar to this on Silver Lake Road, which had been inspected by the Public Works Department. He stated, at that 13 C:\ADMIN\MINUTES\CC\8-09-99.CC