8B, Settlement & Release Agreement with Ronald Nelson

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�.� EN HILLS MEMORANDUM DATE: November 9, 2009 TQ: Honorable Mayor and City Council Members Ron Moorse, City Administrator FROM: Greg Hoag, Public Works Director SUBJECT: Settlement and Release Agreement with Ronald Nelson regarding an erosion issue at 4504 Keithson Drive. Back�round At the July 13, 2009 City Council meeting an engineering services agreement was approved with Bolton and Menk Inc. for work related to a trail erosion issue at 4504 Keithson Drive. At the September 20, 2009 City Council work session staff, Bolton and Menk Inc., and resident Mr. Ron Nelson discussed three possible solutions with the Council. The consensus of the Council was to continue forward with the option of building a retaining wall to correct the erosion issue. At the October 12, 2009 City Council meeting, staff was directed to obtain the plans and/or drawings that Mr. Nelson had received from an independent contractor to review as the potential plans for the proj ect. Mr. Nelson did not have any drawings; he had received only an informal quotation for the work to be completed. After the October 12, 2009 meeting, Mr. Nelson contacted members of the City Council and staff inquiring about the next steps for bringing this proj ect to a close. At the October 26, 2009 City Council meeting, the City Council directed the City Attorney to work with Mr. Nelson to develop a Settlement and Release Agreement that provided for a cash settlement vs. the City designing and constructing a retaining wall on Mr. Nelson's property. By entering into a Settlement agreement it allows Mr. Nelson to have more control of the proj ect, and it will reduce the costs of the proj ect to the City by eliminating the direct City involvement in the design and construction process. City Attorney Jerry Filla and Mr. Nelson have had several discussions relating to a proposed Settlement and Release Agreement, and they are both comfortable with the attached agreement. Attaclzment A is the proposed Settlement and l�elease Agreement. Attachment B is tvvo pictures of similar proj ects.