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• 0 Page 3 November 24, 1997 Mounds View City Council 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 r ^lea✓ \. i i al L L would be continuing and sufficient and adjusted for inflation as required. The Hold Harmless Clause seems to affect body injury and property damage only. He wondered if the injury provision would include tort liability such as Human Rights litigation. Attorney Long explained that the way the clause is currently worded, per request of the MPHA, it would need to be a result of negligence or a breech of the agreement. It is his understanding that the city would not be covered under MPHA's language, but would be covered by the insurance language. However, if the developer went away due to bankruptcy, etc. the city would not have the protection from the MPHA. He would like to get additional language incorporated for added protection. Mayor McCarty commented that he would feel much more comfortable having the MPHA or HUD involved in the indemnification. A discussion continued as to timing concerns. Attorney Long stated he believes the developer would have until the end of the year, but would likely face penalties. Council member Stigney stated the residents have concerns with this project. He strongly opposes the project as well and noted that the city is not under any obligation to sign the contract and would urge the council to reconsider. Mayor McCarty noted that the project is in conformance with all building codes and therefore there is no reason for denying it. Council member Stigney noted that he does not feel the city should support the use of public funds for the project. Furthermore, if the developer wishes to come in and complete the project using his own funds, he would have no problem with it. MOTION/SECOND: Koopmeiners/Gunn to table Resolution No. 5185, until the concerns addressed have been resolved. VOTE: 4 ayes 1 nay (Stigney) Motion Carried 1. Consideration of Resolution No. 5182 to consider the reconstruction of Spring Lake Road/County Road L Mayor McCarty opened the Public Hearing at 7:25 p.m. Mr. Ulrich, Public Works Director, introduced Barry Peters, Project Manager, Glenn VanWormer, Traffic Engineer, and Steve Campbell, City Engineer. Mr. VanWormer provided some basic background information about pavement management, curb and gutters, street widths and street utilization. Mr. Peters of SEH provided a map of the project area. He noted that the project area currently has sanitary sewer over the length of it so this has not been included as part of the improvements. Water mains will need to be installed on County Road I from Pleasantview to Spring Lake Road The roads are anticipated to be a part of the Municipal State Aid system that the city has and therefore there is certain criteria which need to be followed Mr. Peters went over the design standards for MSA roadways, dated April 1996. Information was provided for both suburban and urban design roadways. He explained the three options/alternatives for water collection over the project area. Mr. Peters briefly went through the city's current assessment policy. He provided information in regard to the estimated project costs which included contingencies, engineering, administration, fiscal, legal and miscellaneous costs. Estimated construction costs were provided for roadways ranging from 32 feet wide to 26 feet wide. It was noted that one of the options presented, a 28 foot Cold In -Place Recycling of the existing asphalt without curb and gutter would not be eligible for MSA funding. An estimated project schedule was presented, indicating an estimated construction completion date of 9/15/98.