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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, August 8, 2011 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> Page 15 of 21 <br /> <br />(MAYOR/COUNCIL REPORT, Continued) <br /> <br />Kellogg stated one of the issues is that there is not a lot of room to locate the pipe horizontally. They will <br />also need to install manholes that are water tight. This project would be paid for out of the sewer fund. <br />The $55,000 charge against the City from the Metropolitan Council should have been spent this year but <br />they have indicated they will still allow that $55,000 to be used toward this project in 2012. <br /> <br />Printup asked if the Metropolitan Council charges a penalty on an annual basis. <br /> <br />Kellogg stated the Metropolitan Council has assessed fines for the past five years but that they are now <br />working on a different methodology and a different penalty system. The details of that penalty system <br />have not yet been announced. Kellogg noted the Metropolitan Council's penalty system ended at the end <br />of June last year but the City had the exceedance five days before the end of June. The City has also been <br />notified that since that exceedance in June of last year, they have had two additional exceedances this <br />spring. <br /> <br />Printup asked whether the Metropolitan Council has identified the location of those exceedances. <br /> <br />Kellogg indicated they are only able to identify a general area. Kellogg stated it is basically from Long <br />Lake Boulevard to Jamestown Road and everything south of County Road 6. <br /> <br />Printup asked whether the City would be penalized if the City replaces a section of pipe in that area. <br /> <br />Kellogg stated as long as the City can demonstrate that it was the likely source they would not get <br />penalized. The Old Crystal Bay Road system is aging but it is more likely that it is coming in the area of <br />Highway 112. Metropolitan Council's meter station is telling them that it is likely a surface source of the <br />water, which will happen after a big rain event. The exceedance goes away after the ditch is empty. <br /> <br />Printup asked whether credit would be given for that penalty if another road project is done elsewhere in <br />the City. <br /> <br />Kellogg stated under the old five year policy, the City has been getting credit for everything that has been <br />done in the past few years. The City's last exceedance was in 2010 where they incurred a $55,000 <br />penalty, and in the following year the Metropolitan Council requires that the City do the improvements or <br />pay the penalty. <br /> <br />Franchot asked if the penalty could be used for credit on a project that was done two years ago. <br /> <br />Kellogg indicated he cannot do that and that the City has always done a project in the past to avoid paying <br />the penalty. <br /> <br />Franchot asked what action Staff would like the City Council to take on this item. <br /> <br />Loftus noted the City Engineer has indicated the best time to bid this project would be in January and that <br />they can bring it back to the City Council at that time. <br /> <br /> <br /> <br />Item #03 - CC Agenda - 08/22/2011 <br />Approved Council Meeting Minutes 08/08/2011 <br />[Page 15 of 21]