Hansz/Waterford Development InformationI1/y to ► : \i) J I
November 24, 1999
To: Chris Kukulski, City Manager
Glen Neier, City Attorney
From: Jim Hansz, Director of Public W rks
Subject: Waterford Development Information
Attached is the engineer's reply to our comments on the Waterford construction plan
submittal. In essence, their reply is "if it is not shown on the PUD drawings, then they won't do
it." However, the text is referred to when it is convenient to the Waterford position. We contend
that the written text of the agreement is what we should follow, and the drawings are a conceptual
guide, except where they are specific as to numbers, such as units to build, or other specific
elements. Public Works is attempting to review this reply but we need some clarification. If they
are correct, then there is probably some problem with their proposal to adjust the building layouts,
drainage facilities and roadway locations. If we are correct, then there is a continuing problem
with this reply because it fails to address most of the issues we outlined in our initial review
comments. Please advise which point of view is correct.
Finally, we are becoming concerned with the approach taken by this engineer with respect
to his efforts to negotiate with the City on behalf of a client. The Waterford example left us
perplexed and dismayed because a number of clearly understood issues were negotiated and then
subsequently disavowed by the engineer. This may be water under the bridge concerning
Wateford, but it raises some questions for us as we proceed forward on a similar process for the
hospital project. Is it prudent to have our meetings recorded and formally (legally?) documented
in order to prevent this in the future? Should the City Attorney's office assist in our review
meetings with the engineer? I realize this could be considered to be either a good business
practice for. a client or simple misunderstandings over complex issues, but at this point it seems to
us that only one side is frequently and clearly misunderstanding things.
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