HomeMy Public PortalAboutAB 17-102 Lift Station 7 Release Agreement
McCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, Idaho 83638
Number AB 17-102
Meeting Date May 25, 2017
AGENDA ITEM INFORMATION
SUBJECT:
Tort Claim Release Agreement Approval Request
Department Approvals
Initials
Originator
or
Supporter
Mayor / Council
City Manager
originator
Clerk
Treasurer
Community Development
Police department
Public Works
Golf Course
COST IMPACT:
$10,000
Parks and Recreation
FUNDING SOURCE:
Sewer Fund
Airport
Library
TIMELINE:
Summer, 2017
Information Systems
Grant Coordinator
SUMMARY STATEMENT:
The City of McCall received, on September 30, 2015, a tort claim from property owners, Pek and Katy Charoensatit (attached), following completion of the Lift Station 7 installation project
which occurred during the early summer of 2015. As outlined in the tort claim, property owners asserted that the City of McCall entered the property without proper notification in accordance
with the easement established for access to utilities on the associated lots. The tort claim also asserted that the City of McCall Public Works Department caused damage to the property
while removing existing sewer infrastructure and through the installation of new sewer facilities on the property.
City staff has worked with property owners/claimants to provide a resolution of this concern through a proposal to provide property landscaping as defined within the attached overview
memorandum from the City Manager. The landscaping plan proposed by staff can be found as an attachment to the proposed release of claims agreement. Staff recommends approval of this
release agreement to execute this plan. The agreement has been reviewed and approved by both the city attorney and the claimant’s attorney.
Attachments:
Overview Memorandum from City Manager
Charoensatit Tort Claim
Proposed Release Agreement w/Landscaping Plan
RECOMMENDED ACTION:
Approve the release of claims agreement between the City of McCall and Pek and Katy Charoensatit, and authorize the Mayor to sign all necessary documents.
RECORD OF COUNCIL ACTION
MEETING DATE
ACTION