Downtown sidewalk defects to be repaired

It took a lot of contentious discussion and a few motions, but $2,650 in sidewalk defects following the downtown street reconstruction project that allowed rain water to enter buildings will be repaired.

The Brainerd City Council on Monday in split votes defeated motions to have Tom's Backhoe and Widseth Smith Nolting, the contractor and engineering firm hired by the city for the project, pay for all the repairs; to have all four parties - the city, the building owner, the contractor and the engineering firm - split the cost of repairs; and to have the city pay for just one section of the work.

In the end, a second motion to have all parties split the cost was approved by a 4-3 vote, with council members Mary Koep, Kelly Bevans and Bob Olson voting against.

The building owner, Dave Pueringer, told the council the sidewalk reconstructed in front of his building sloped toward the building, allowing water to get in.

A motion to table the issue died because it wasn't seconded.

Tim Houle of WSN said there was a pre-existing problem with Pueringer's building that allowed the water in.

Olson and Koep said city taxpayers should not be paying twice for work on the project. Though he ended up voting against the repeat motion on principle, Bevans earlier said the city should share in the burden because the project was initiated by the city.

When asked by Olson if there could be a compromise, Pueringer and Houle said they would be OK with each paying about $600 for the repairs.

In other action, the council:

Approved $678,425 in budget freeze and revenue adjustments that were recommended on Feb. 17, with additions of $103,000 from Brainerd Public Utilities and $55,000 from the insurance fund to the general fund. The council, based on a recommendation from the Personnel and Finance Committee, delayed a decision on transfers from the arena fund. The council also accepted $7,000 in gate receipts from the Brainerd School District.

Olson said the council previously had made a motion that the general fund would not be used to make up deficits and questioned how the council could do so for the 2008 budget. Koep said the cuts approved in February were to make up for the loss of local government aid, the general fund was used to make up the 2008 deficits and for 2009 the city is looking good.

Approved applying for Minnesota Department of Transportation revolving loan fund to cover gap financing for the College Drive reconstruction project. In a memo to the council, City Engineer Jeff Hulsether noted the city is intending to use $2.4 million in state aid bonds and $870,000 in general obligation bonds to gap finance the project. If approved for a revolving loan fund, the city would receive a better interest rate without having to finance a bond issuance.

"The bottom line is it would cost us less to borrow the money," Hulsether said.

Approved a $55,328 contract with Anderson Brothers for miscellaneous paving on small portions of streets in northeast Brainerd. Bevans voted against.

Set a special Safety and Public Works Committee meeting at 1:30 p.m. on Sept. 25 at Brainerd City Hall to discuss the South Eighth Street improvement project from Oak to Washington streets. Also set another committee meeting at 6:30 p.m. on Sept. 29 at First Lutheran Church regarding the South Eighth Street turnback project.