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I I I Council Meeting Minutes September 22, 1992 Page 1 2 Council Business. continuec1 Mr. Kozel is requesting that the contractor's insurance adjustor evaluate his property for damage. The contractor sent a crew to clean up Mr. Kozel's property, but the job was not completed. Benke said Council received a letter from the Church regarding their response to the problem. He senses Mr. Kozel's frustration and thought the problem was resolved. Williams feels the Church and the contractor are not dealing with the problem properly, but the City should not feel personally responsible. The situation is ridiculous and he would favor shutting down the project unless the situation is taken seriously by the Church and contractor. Rebelein feels the Church was fully aware of the problems, concerns, damages and risks associated with the project. It appears that the developer removed areas which should have been left intact and dug up drainage sewers without giving much thought to the consequences. She asked if the City has control in stopping the construction until the situation is resolved. Gunderman agrees with Williams that the project should be stopped until the cleanup is accomplished. City Attorney Charlie LeFevere stated that he had not been briefed beforehand, but feels the contractor may be in a violation of the plat approval and the project could be red tagged as hazardous. Gunderman asked what recourse does the City have if the contractor removed more trees than the plan specified. LeFevere would need to investigate the matter. Benke feels staff should review the grading plan to see if the contractor is in violation of the plan which was approved by Council and Rice Creek Watershed District. This would give the City more leverage. Gunderman feels immediate action should be taken and the project stopped until cleanup is completed. LeFevere is unsure if the City can halt the project, but will look into this immediately. LeFevere feels the City needs to act within due process of the law or there could be legal ramifications. Childs said the difference between the Wexford Heights runoff problem and this project, is that the City had a contract with the Wexford Heights' contractor and had authority to stop payment when problems arise. In this case, because the contractor is not being paid by the City, the City does not control. However. it does not mean the City does not care. He spoke to church officials who assured him that they will speak to Mr. Kozel. However, he was surprised that the Church had sent a letter to Mr. Kozel, instead of speaking to him personally. Council Business Christ the King Church Addition Runoff Problems