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Church, city may have an agreement on road project

Posted: 8/25/04

By MaryHelen Swanson

Construction of the new Abundant Life Church building may or may not be proceeding today.

A protest by the church over having to pay for the assessment to reconstruct and pave the portion of 392nd Street by the church property prompted the city to red tag the project until an agreement could be made between the city and the church on who is to pay the costs.

After one meeting of the two sides last week, City Administrator Joe Lynch, working with City Engineer Julie Dresel, came up with some figures they felt would work for both the city and the church.

Lynch said at Mondayís council meeting that the church did not accept the numbers.

Another proposal was prepared and sent to the church on Saturday.

As of Monday, the city had not heard back from the church.

Under the new agreement, the church would pay $51,426.16. The city would pick up all other costs of the project. Total costs are estimated to be around $99,000.

However, Lynch noted, if the costs are lower, the church will still pay the $51,000, the cityís portion would be less. The cityís portion includes the costs of the turn lane off Hwy. 95, a culvert at 392nd and costs to increase the tonnage of the road.

The church wants to return to the planning commission and redo the conditional use permit to amend condition #2 regarding the street responsibilities.

The agreement also says the church cannot sue the city for damages incurred during the work stoppage.

The council voted 3-2 to approve the agreement. The red tag would be lifted when the church returned the signed agreement.

Councilwomen Amy Oehlers and Kathy Blomquist opposed the motion.

Oehlers was concerned about the CUP conditions and said it wasnít fair to the city for the church to come in after the CUP was approved.

Mayor Gloria Karsky agreed the timing was wrong. A church spokesperson also agreed but said it was better now than after the road was completed.

Is this setting a precedent? Blomquist asked City Attorney Tom Miller.

Miller said he felt it was a reasonable settlement, but couldnít say 100 percent it wouldnít set a precedent.

Following this action, the council awarded the bid for the street project to Bauerly Bros. for $69,000 contingent upon receiving the signed agreement from the church. Lynch said this would not be the end of legal issues with the church, however, because at some point in the future storm sewer, water and sewer would be out there.

In other business, the council:

ï Heard from citizen Barbara Burrington about cleaning up the auction site by the railroad tracks. She noted that the city placed requirements on the recycling program across the street. Lynch said the recycling is done on city property and the auction on private property but that he would bring it to their attention.

ï Hired Ronald Rollins as new police officer. There had been 70 applicants, seven were interviewed. Rollins comes from the Lakes Area Police Department and has 23 years of experience. Because of his experience, he will start at $18.20/hour. The approval is contingent upon him meeting all requirements. He fills a position that has been vacant since last spring. The council also approved an eligibility list from the remaining six applicants that were interviewed effective for one year.

ï Claimed two tax forfeited parcels for the city: a small portion of the parking lot by the Post Office and a parcel in Kateís Estate west of Fill Avenue and north of 370th Street.


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