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provide for the City and STK to share equally in the cost to construct left turn lanes and install a <br />traffic signal at the intersection. The project cost is expected to be approximately $250,000 with the <br />City and STK agreeing to pay one-half of the project cost up to a maximum of $200,000 each. <br />Approval of this agreement will allow the Public Works Department to proceed to construction with <br />the City's contractor for street reconstruction. They are currently reviewing the plans and it is <br />possible for construction to be underway by the end of the month. <br /> <br />Davidson called for council comments and questions. <br /> <br />Sisk commended STK for stepping forward and participating in addressing this issue in cooperation <br />with the City of Louisville. <br /> <br />Sisk moved that Council approve Resolution No. 53, Series 1998, Approving an Agreement for the <br />Funding of Improvements to the Intersection of Dillon Road and 96th Street, seconded by Keany. <br /> <br />Roll call was taken. Motion passed by a 6-0 vote. <br /> <br />OTHER REGULAR BUSINESS ITEMS ARISING AFTER PREPARATION OF <br /> AGENDA <br /> <br />NONE <br /> <br />CITY ATTORNEY'S REPORT <br /> <br />Sam Light, City Attorney, provided an update on a litigation matter with regard to the Drainage Way <br />A project. There has been a lawsuit filed by two subcontractors on the project against the general <br />contractor on August 14, 1998. The City is also named in the lawsuit because, under statute, the City <br />is required to withhold payments to the contractor any amount that may be claimed as due to the <br />subcontractors. The City will be required to hold some money aside until the claim is resolved. This <br />involves the 1997 phase of the Drainage Way A project. The City also has some of its own claims <br />outstanding against the contractor and those claims are currently being evaluated. The contractor for <br />the 1997 phase was Midtown Materials. The City's damages will relate to correction of the defective <br />work, some reinspection work and some liquidated damages for delay. An answer or response to the <br />lawsuit is expected to be filed next week. <br /> <br />CITY ADMINISTRATOR'S REPORT <br /> <br />Bill Simmons, City Administrator, commended the Public Works Department for their efforts to <br />complete Main Street in time for the Fall Festival Parade. They worked through the weekend to <br />complete the project in time. He gave a brief update on street reconstruction projects throughout the <br />City as well as an update on the Lake Park Drainage Way A project. He reviewed the agenda for the <br />September 22, 1998, City Council Work Session. <br /> <br /> <br />