1975 11 10
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SPECIAL CHANHASSEN CITY COUNCIL MEETING NOVEMBER 10, 1975
Mayor Klingelhutz called the special meeting to order at 7:30 p.m.
with the following members present: Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers.
SEWER AND WATER PROJECT 7l-1E - MINN-KOTA: Craig Mertz discussed the
City Attorney's letter of November 6, 1975. The City Attorney would
like authority to negotiate a settlement of this matter somewhere
between the $100 a day and the figure mentioned in his letter.
Bill Brezinsky stated they have resolved the final quantities. The
contract has been completed as far as work that will be paid for by
the City. Minn-Kota told Mr. Brezinsky that they would not go along
with the $100 a day. The date the project was substantially completed
was June 13, 1975. This date was when every item on the job had been
completed the first time. The Council inspected the job in July and a
punch list was made up and submitted to Minn-Kota for completion.
This list was completed but since that time there has been additional
settlement of the roads and problems with the lift station. These
have not been corrected. The Engineer recommended that if the work
is not done and final payment is made that the City would withhold
an amount equal to what the cost would be to repair these things.
The Assistant City Attorney stated that in the matter of the liquidated
damages from a bargaining standpoint, the City would be in a better
position to withhold the liquidated damages from the final payment and
leave it to the contractor to seek redress.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
to instruct Schoell and Madson that when final payment to Minn-Kota
is requested that liquidated damages in the full amount of $100 per
day for every day in excess of the completion date called for in the
contract be withheld from final payment. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. Motion carried.
ADMINISTRATOR: George Beniek was present. The Council discussed
several ways of going about hiring a new administrator. It was decided
they needed help in defining the job description.
A motion was made by Councilman Neveaux and seconded by Councilman
Shulstad to ask Mr. Law to meet with the Council on Monday, November 17
at 6:30 p.m. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
PROPOSED 1976 BUDGET: A motion was made by Councilman
seconded by Councilman Hobbs to add $5,000 to build up
Fund for seal coating. The following voted in favor:
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
Motion carried.
Shulstad and
a Contingency
Mayor Klingelhutz,
negative votes.
A motion was made by Councilman Hobbs and seconded by Councilman
Shulstad to add $500 to the Garage Budget #425 under Category #51.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
Special City Council Meeting November 10, 1975
-2-
A motion was made by Councilman Shulstad and seconded by Councilman
Neveaux to add $1,699.39 to #402 General Government Category #41.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
"RESOLUTION #75-43: Councilman Neveaux moved the adoption of a
resolution adopting General Fund Budget for Year 1976 in the amount
of $419,184. Resolution seconded by Councilman Kurvers. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
RESOLUTION #75-44: Councilman Hobbs moved the adoption of a resolution
approving 1975 Tax Levy, Collectible in 1976 in the amount of
$206,083.89. Resolution seconded by Councilman Shulstad. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
RESOLUTION #75-45: Councilman Kurvers moved the adoption of a
resolution approving Transfer of Funds to General Fund. Resolution
seconded by Councilman Neveaux. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. Motion carried.
RESOLUTION #75-46: Councilman Shulstad moved the adoption of a
resolution to approve 1975 Special Tax Levy, Collectible in 1976.
Councilman Hobbs seconded the resolution. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. Motion carried.
APPLE VALLEY RED-E-MIX PLANT: The Acting Administrator has received
an application for a building permit for the fly ash silo. This is
a commercial building permit and would require Planning Commission
approval. He asked if this should be sent back to the Planning
Commission. It was decided to wait until the Council inspects the
site prior to the November 17 Council meeting.
A motion was made
Hobbs to adjourn.
Councilmen Hobbs,
Motion carried.
by Councilman Shulstad and seconded by Councilman
The following voted in favor: Mayor Klingelhutz
Neveaux, Shulstad, and Kurvers. No negative votes.
þld&(}¿(Æ/Æ¿£
Jerry Schlenk
Acting Clerk-Administrator
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