WILLMAR -- The Willmar City Council let stand a staff decision to assess a penalty called liquidated damages against Duininck Bros. Inc. of Prinsburg for failing to complete the 2005 Third Street Southwest reconstruction project on time.
City Public Works Director Mel Odens told Duininck Bros. last November that he planned to assess $9,500 in damages for failure to complete the work under the construction contract deadline.
But a Duininck Bros. official asked the city in September to waive the damages be-cause crews faced difficult conditions, in-cluding poor soil and two flooding incidents.
Council member Doug Reese said he brought the Duininck Bros. request to the council because the company said it wanted to be treated fairly.
He was referring to the council's decision to extend a contract for Chad Monson who was having difficulties with a 2006 project on Fifth Street Southwest, including some water main work requested by the city.
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Monson asked the city to extend his contract to avoid paying damages, whereas Duininck Bros. didn't make a similar request, according to City Administrator Michael Schmit.
"We deal with Duininck Bros. year in and year out, and there are often times liquidated damages because they haven't finished work on time,'' he said.
Duininck Bros. has never asked the city to waive the damages, but it did in this case because the council granted the extension to Monson, said Schmit.
"They just wanted to be treated fairly,'' he said.
However, Schmit said the staff recommendation is the same as it was for the Monson project, which was to not waive the penalties. He said deadlines are placed in contracts to provide incentives to complete the projects.
Reese asked if Duininck Bros. have "anything to stand on'' if the council doesn't waive the damages but did waive damages for Monson.
City Attorney Richard Ronning said the facts in each situation are different. "I think they have very little to complain about,'' he said.
No motions were made to change the staff recommendation.
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In other business Monday:
- An ordinance to increase the annual salaries of the mayor and council members was adopted. The increases will go into effect in 2007. No comments were made by the public during a hearing held to consider the ordinance.
The mayor's salary will increase from $9,600 to $12,000, and council members' salaries will increase from $6,300 to $7,500. The council member who presides when the mayor is absent will receive an increase from $300 to $500 per year.
Salaries were last increased in 1998, effective in 1999, said council member Denis Anderson.
According to city charter, salary changes must be made before a general election preceding the year in which the salaries would take effect, Schmit explained.
- The council approved a request from Chad Monson to rezone property southeast of the AmericInn from medium-density, multiple-family residential to general business for the purpose of commercial development.
- A hearing was set for Oct. 16 to consider a request from Care Transportation Inc. of St. Cloud to increase Willmar Taxi Service's base rate per ride from $2.25 to $3.50. The increase is needed to raise net revenue for drivers, said Dale Victor of Care Transportation. If the increase does not raise driver revenue, Willmar Taxi will cease operations completely in the near future, said Victor. The St. Cloud City Council approved the rate increase earlier this year, Victor said.
- The council set a public hearing for Oct. 16 to consider a proposed ordinance to prohibit excess vehicle noise. The ordinance would regulate noise from trucks using engine-retarding brakes.
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- The council approved a request from Kevin Ortenblad of Raymond to drill a well to serve his hangar and other hangars at the new airport. Drilling and maintenance costs will be paid by the hangar owners.
