3.7. SR 02-14-2000"ity of
M£MORANDLIM
Item//3.7.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Pat Klaers, C~ty mstrator
February 14, 2000
Consider Gary Martin Reimbursement Request
In 1998 and 1999, the City Council discussed the Gary Martin driveway and
trucking operation at a number of meetings. In 1999, the city gave Mr. Martin
permission to construct a driveway from County Road 32 since he had received
county permission for this access. Following this city approval, Mr. Martin
incurred expenditures for material and equipment for the driveway
construction. After this expenditure and construction activity, the city required
that the driveway be removed and indicated to Mr. Martin that city permission
for the construction was given in error because all of the facts and sequence of
events were not clearly known. As a result of all this activity, Mr. Martin has
requested reimbursement from the city for his expenses incurred for the
driveway construction. The request submitted was for $673.39.
Since Mr. Martin proceeded with mistaken permission by the city, it is staffs
collective opinion that some reimbursement to Mr. Martin is appropriate.
Street Superintendent Phil Hals has been discussing this issue with Mr.
Martin and has negotiated payment by the city in the amount of $428.39. Phil
has obtained documentation from Mr. Martin that these are accurate
expenditures and, essentially, the city split two of the requested expenditures
and will pay a third.
Recommendation
It is recommended that by using city street reserve funds, the city reimburse
Gary Martin $428.39 for materials and equipment rental for the construction
of his driveway in 1999.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425