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I I I Council Meeting Minutes December 13, 1990 Page 5 Council Business. continued Motion by Williams, seconded by Rebelein, to DIRECT STAFF TO PROCEED WITH DEVELOPMENT OF A DRIVING RANGE AT THE MILLER SITE, INCLUDING: PREPARING AN AGREEMENT WITH SHAFER CONSTRUCTION FOR SITE PREPARATION, PREPARING FINAL SITE PLAN FOR PLANNING COMMISSION AND COUNCIL APPROVAL, FINALIZING OPERATING EXPENSES AND REVENUES FOR INCLUSION IN 5 YEAR FINANCIAL PLAN, DIRECT STAFF TO PREPARE A RESOLUTION AMENDING THE 1991 BUDGET TO AUTHORIZE EXPENDITURE OF $63,980 FOR GOLF DRIVING RANGE CONSTRUCTION, AND DIRECT STAFF TO PREPARE PLANS AND SPECIFICATIONS FOR A MINIATURE GOLF FACILITY TO BE CONSTRUCTED IN THE SPRING OF 1992. 5 Ayes - 0 Nayes, Motion Carried. Les Proper, City Engineer, said that on October 15 the Bidwell family of 1 695--23rd Avenue experienced problems with the sewer service. It was found that the sewer service was broken and the break was near the main. The break was caused by settling of the unstable clay ground which is prone to frost. As defined by City policy, the service line in the street is the property owner's responsibility. Proper said the service line and main were installed in 1963 and have functioned properly, but the main is unusually deep. The final bill from the Bidwell's contractor, Perron Excavating, is $13,496.99, and does not include City time and street repairs estimated at $6,000. Staff does not recommend a policy change, but recommends the City pay the extraordinary cost caused by the depth. Proper noted that only 10% of City sewers approach such a deep depth, and this would normalize resident cost for those connected to very deep sewers. According to Perron, a repair bill for a normal depth would be about $ 1,500. Staff recommends the City pay $ 12,000 of the bill and street repairs, the Bidwells would pay Perron $1,446.99. Mr. Bidwell is not disputing payment for repairs occurred on his property. but argues that he should not be liable for repairs in the street. Digging began on his property outside of the street area, and four hours later the problem was determined to be in the street. Upon completion of the digging, three breaks were found, two in his liner and one in an adjacent line. He feels the fill's poor quality is the main contributing factor to the malfunction. Proper noted that the adjacent lot was not charged because service did not malfunction. Bidwell is not suggesting the adjacent lot be charged. but feels the circumstance was caused by the fill. Bidwell questioned whether the piping installed 27 years ago was constructed properly. Proper said pipes can break under strain from the moving ground, temperature and moisture changes. He noted that the area has very poor soils. Council Business Driving Range - Miller Property Report 90-263 Sewer Service Repair Report 90-264