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a restraining order. Attorney Meyers would advise the Council that we would
not win.
Mrs. Lucas mentioned that she will build the ugliest fence in the front yard
if she is not given assistance. Mayor Johnson stated that her attorney
will have to advise her, possibly she can again try to get relief from the
courts.
There being no further comments or questions from the floor, the Council
moved to the request to make the temporary stop sign on Sunnyside Road at
Ridge Lane permanent. The Police Department has said that there have been
few complaints recently and they recommend that the sign be made permanent.
MSP (Hodges - Shelquist) to make permanent the temporary stop sign on Sunny -
side Road at Ridge Lane. 5 ayes
Mayor Johnson presented the B -E Enterprises, Inc., request for payment.
Following is the discussion that ensued before a motion was offered:
Mike Miller, B -E Representative: Our position is that we thought the City
fully intended to pay for the work we were to do. Now that we have done it,
if the City does not pay us we will not proceed further.
Mayor Johnson: Did you note the qualification above my signature on the
change orders?
Mike Miller: We had no opportunity to respond but did note the qualification.
Attorney Meyers: Our interpretation was that the City wanted to set it
apart from a normal change order in that it wasn't an addition to the building
but correcting an existing situation.
Mike Miller: We didn't interpret it to mean that you didn't intend to pay us.
Mayor Johnson: Your position is that you will require full payment before
proceeding with the construction of the building.
Mike Miller: That is correct, yes.
Ken Walijarvi, architect: We are here tonight to see if we can resolve the
problem.
Mayor Johnson asked the Council for their comments.
Councilman Hodges: Resolve it so we can get the building completed.
Councilman Baumgartner: B -E should be paid for the work they have performed
to date. Looking at the cost of the change orders, I feel there are archi-
tectural errors and their insurance carrier and our Council should prepare
for battle.
Councilman Pickar: We are trying to get the building finished, and they won't
finish without payment. We should pay them what they have submitted. This
would not weaken the City's position in further negotiation.
Councilman Shelquist: We are sitting with an incomplete City Hall and