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Early council withholds $29,591.83 payment to Empire Excavating over DD‑59 cleanup
Summary
After residents complained of debris and a basin overgrowth at the DD‑59 project, the Early City Council voted to withhold Change Order #3 and Empire Excavating pay application #7 for $29,591.83 until cleanup is completed.
The Early City Council voted Sept. 3 to withhold acceptance of Change Order #3 and Empire Excavating pay application #7, totaling $29,591.83, until the contractor completes cleanup at the DD‑59 project. Councilor Becky Blackman moved the measure and Councilor Brandon Scadden seconded; the motion passed on a show of hands with four ayes (Pickhinke, Scadden, Madden, Blackman).
The vote followed resident complaints raised during the engineering update. One resident told the council that rock and metal debris from the DD‑59 work had been left in their yard and that they had to pick up material before they could mow. Another resident asked that weeds in a nearby basin be addressed. Councilor Brian Pickhinke also said his family’s field had been flooding, which he attributed to a partial culvert blockage; the council said the City and the County are investigating responsibility and will proceed with a clean‑out as appropriate.
The council’s action places the disputed pay application and change order on hold pending cleanup; the council did not specify a date by which the contractor must complete the work in the meeting record. The meeting record shows the motion was made and passed but does not record a separate timeline or deadline for remediation.
The item will remain on the council’s agenda until staff confirm the cleanup and, where appropriate, the City determines the work meets contract requirements.
