HomeMy WebLinkAbout01-30-1980 Council Minutes� �
,� � �, CITY OF ORONO
Regular Meeting of the Orono Council, 7,: 00 P.M.
January 30, 1980
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler and Hurr. Absent: Council-
members Massengale and Paurus. Also present:
Building & Zoning Administrator Mabusth, City
Attorney Malkerson, City Engineer Cook, Planning
Commission member Jabbour, and City Clerk Strom.
Absent: City Administrator Benson.
City Clerk Strom administered the Oath of Office OATH OF OFFICE
to Mayor Van Nest who was reelected Mayor on Mayor Van Nest
November 6 , 1979 .
Chief of Police Mel Kilbo introduced Kurt R. OATH OF OFFICE
Erickson,recently employed Police Officer, Kurt R. Erickson
to the City Council.
City Clerk Strom administered the Oath of Office
to Kurt R. Erickson, Police Officer.
Butler moved, Hurr seconded, to approve the � CONSENT AGENDA*
Consent Agenda* with all staff data and supportive
information to be included in the Minutes in the
sequence they occur. Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the MINUTES*
Minutes of the Regular Meeting of January 15 ,
1980. Motion, Ayes (3) - Nays (0) .
No comments from the Lake Minnetonka Conservation LMCD REPORT
District Representative.
Councilmember Hurr reported on the meeting she PARATRANSIT REPORT
attended concerning paratransit for the Lake
Minnetonka area stating that she would have more
information after the next transportation meeting.
Gabriel Jabbour was present representing the Plan- JOINT MEETING DATE
ning Commission. The Planning Commission has February 4 , 1980
cancelled its regular meeting for February 4 , 1980
and reported that a joint Council and Planning
Commission meeting would be held February 4 , 1980
at 7 : 30 P.M, regarding proposed zoning amendments.
� A �REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 2
Alan Olson, City Planner, presented the City CAPITAL IMPROVEMENT PLA
Council with a memo concerning a Capital Improve- Wayzata School District
ment Plan Review for the Wayzata School District #284*
#284 , dated January 22 , 1980 , which states:
The District 284 Plan lists no anticipated capital
expenditures at least through 1990. The District
is split between rural farming areas "north of
Highway 55" and "developed or developing. . . .
suburban housing" south of Highway 55. The develop-
ment occurring in Plymouth is expected to keep
enrollments stable with a slight upward trend
in the next ten years which is expected to allow
• good utilization of existing facilities without
requiring expansion. There are no plans for
closing any building.
The plan takes note of Minneapolis' 400 acres of
workhouse property which has been the subject of
some housing development speculation. If this
development were to occur, the District may have
to add facilities.
The District has one high school, one junior high,
six elementary schools and one administration
building. Since no facility is in Orono, there is
no direct impact on Orono public facilities.
There is no discussion about District transportation.
The financial section of the plan is limited to the
bonded indebtedness.
It is interesting to note that Wayzata has stable
or increasing enrollment with no glans for facility
expansion while Orono and Westonka expect slight
enrollment declines but also desire facility
expansion for certain special programs.
Council Meeting - January 30 , 1980
Butler moved, Hurr seconded, to approve the
Capital Improvement Plan Review for the Wayzata
School District #284. Motion, Ayes (3) - Nays (0) .
No comments from the public. PUBLIC COMMENTS
Jeanne Mabusth, Zoning Administrator, presented EXTEND DEADLINE DATE*
the City Council with the following memo concern- 2677 Casco Point Road
ing the Alexander Holzer property at 2677 Casco #436
Point Road dated January 18, 1980 , which states : Alexander Holzer
- (Continued)
, .
1 `REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 3
Mrs. Holzer has requested an extension of the EXTEND DEADLINE DATE*
deadline date for the completion of all phases of 2677 Casco Point Road
restoration as specified in Resolution #1079 . (Continued)
The work to be completed will now include the
required seeding and plantings. The new date as
requested is July l, 1980 per Mrs. Holzer' s
letter of January, 1980 (received in this office
January 18, 1980) .
Staff agrees with the applicants that this is a
"reasonable" request.
Council Meeting - January 30 , 1980
Butler moved, Hurr seconded, to approve the
extension date to July l, 1980 , to complete the
restoration for Alexander Holzer, 2677 Casco
Point Road. Motion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to table CONDITIONAL USE PERMIT
the request of KK & Kompany, 1140 North Arm Drive , 1140 North Arm Drive
for a conditional use permit until Mr. Leo Duehn #489
is available to appear at the meeting. M�tion, KK & Kompany - Leo Dueh�
Ayes (3) - Nays (0) .
Mr. Timothy Petersen, 280 Orono Orchard Road, CONDITIONAL USE PERMIT
was present concerning his conditional use permit. 280 Orono Orchard Road
He informed the City Council that he wants it to #500
be on the record that his tower will be coming Timothy Petersen
down on Friday of this week and that he will be
moving out of Orono June l, 1980.
Mr. Petersen stated that he had asked for a
representative from the contracting company that
had put up the tower to be available this evening,
but that it was impossible due to the fact that
he is in Atlanta, Georgia on vacation. He stated
that the contractor would write a letter to
Mr.Olson requesting whatever is necessary on
formalities with a target date for this Friday
for removal of the tower.
Mr. Petersen also stated that interference is not
an issue but apparently was at the last meeting.
He had contacted an engineer for the FCC who has
been out there and made an inspection of the
facilities and will do whatever is necessary to
correct the problem.
Mayor Van Nest: The FCC?
Mr. Petersen: Yes. We want to cooperate and make
sure it is done right and as soon as they can get
a crew, it will disappear. I think you should
re�cir�d all the necessary paner work.
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 4
Mayor Van Nest: We are at a complete stand still CONDITIONAL USE PERMIT
right now just waiting for the removal of the tower. 280 Orono Orchard Road
(Continued)
Mr. Petersen: Providing there is no ice storm
(crew presently in Iowa repairing damage from an
ice storm) it will be removed this Friday. I would
also like to request that any technical material
submitted by us be returned to me.
Mayor Van Nest: There are no objections. Thank
you very much.
Jeanne Mabusth, Zoning Administrator, entered into LOT LINE REARRANGEMENT
the record the request of Paul Scherber, 1420 Bohns 1420 Bohns Point Road
Point Road, for a determination of the south #508
property line, dated January 21, 1980 , which states : Paul Scherber
The Scherber application received preliminary
approval from Council at their October 30 , 1979
meeting. One point was left unresolved, that the
applicant and his neighbor, C. Bruce Solomonson,
agree upon a transfer or sale of a piece of land
to provide a minimal setback for Solomonson' s
encroaching structure. Planning Commission is
asked to made a recommendation concerning what
the minimal setback should be. Mr. Solomonson
is agreeable to any setback the City deems
necessary. Mr. Scherber wants a 3 ' setback, the
minimal setback required by the Building Code.
Staff has suggested a 10 ' setback, the minimal
required by the Zoning Code.
Review of hardships cited for applicant per David
Carlson' s letter received January 15 , 1980:
l. Hinder future expansion of main structure or
an attached garage
2. Asethetics of existing yard
3. Negative financial effect - resale
4. Unfair to expect Scherber to bear full
responsibility for encroaching structure
Planning Commission Meeting - January 28, 1980
Mr. Adams made a motion to recommend approval of
the proposed lot line realignment as a reasonable
solution in consideration of the other alternatives;
to approve the creation of Outlot A allowing a 3 '
setback from the encroaching shed, under the
express condition that Mr. Scherber will transfer
Outlot A to Mr. Solomonson. Outlot A must be
legally combined with Mr. Solomonson' s residential
lot. It should be noted that the setback created
by this subdivision is unique to that shed.
(Continued)
�
� REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 5
.
Mr. Wilson noted for the record that the existing LOT LINE REARRANGEMENT
condition was not a result of Mr. Scherber' s doing 1420 Bohns Point Road
and that the maximum required of Mr. Scherber by (Continued)
the Planning Commission was a 3 ' setback, but
that the Council has the option to leave the lot
line as is and require the removal of the shed.
Council Meeting - January 30 , 1980
Mr. Don Carlson, representing Mr. Scherber,
was present. and stated that Mr. Scherber would
give up this piece of land with no charge to
Mr. Solomonson.
Butler moved, Hurr seconded, to approve the lot
line rearrangement for Paul Scherber, 1420 Bohns
Point Road, per the Planning Commission recom-
mendations of January 28, 1980. Motion, Ayes (3) -
Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered VARIANCE
into the record the request of E. S. Hendrickson, 525 North Ferndale Road
525 North Ferndale Road, for a variance, dated #536
January 23, 1980 , which states : E. S. Hendrickson
The Planning Commission voted unanimously to
recommend approval of Mr. Hendrickson' s variance
application.
Planning Commission Minutes - January 14 , 1980
Jabbour moved to grant the variance application
of E. S. Hendrickson based on the following hard-
ships and findings :
l. Prevent needless removal of mature evergreen
trees - in keeping with current aesthetics of
the lot
2. Neighbors were not against existing structure
3. Neighbors would be against an additional
structure on the lot
4 . Structure never to be used as a dwelling unit
5. Structure must comply with the State and Uniform
Building Code
Council Meeting - Janaury 30 , 1980
Hurr moved, Butler seconded, to approve the variance
request of E. S. Hendrickson, 525 North Ferndale Road,
per the Planning Commission recommendations of Jan- �
uary 14 , 1980. Motion, Ayes (3) - Nays (0) .
� �
� REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 6
Jeanne Mabusth, Zoning Administrator, entered into VARIANCE
the record the request of Robert Veilleux, 1396 1396 Baldur Park Road
Baldur Park Road, for a variance, dated January 22 , #536
1980 , which states : Robert Veilleux
Mr. Veilleux has applied for a lot width and lot
area variance for Lot 16 , Block 1 of Baldur Park.
The previous owner, John Larson, received approval
for a similar application in March, 1972 . The
site plan, as approved by the Planning Commission,
will require no setback variances.
Planning Commission Minutes - January 14 , 1980
Hannah moved, to recommend approval of the variance
request in accordance with site plan submitted
with the condition that the house be moved to
accommodate proposed deck, noting all future
construction must not encroach lakeshore setback
area and consideration be given in location of
driveway and garage in limiting unnecessary hard-
cover. Hannah stated the following hardships and
findings : 1) no additional land available; 2)
neighbors do not object; 3) similar application
previously granted, and 4) surrounding neighboring
lots are all of the same size.
Council Meeting - January 30 , 1980
Butler moved, Hurr seconded, to approve the
variance request of Robert Veilleux, 1396 Baldur
Park Road, per the Planning Commission recom-
mendations of January 14 , 1980. Motion, Ayes (3) -
Nays (0) .
Mayor Van Nest moved, Butler seconded, to table PROPOSED ORDINANCES
the proposed zoning amendments for fences and Fences
accessory structures until a later date. Motion, Accessory Structures
Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to adopt Ordinance ORDINANCE N0. 227
No. 227, An Ordinance Amending Chapters 22 , 23 Licensing
And 69B Of The Municipal Code Of Orono Relating
To The Licensing Of Plumbers , Well Drillers ,
Septic System Installers And Housemovers. Motion,
Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the HOUSING REHABILITATION
Housing Rehabilitation (Hennepin County REPORT - 1979 *
Administered) Report for 1979 - Project 75 .
Motion, Ayes (3) - Nays (0) .
�REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 7
0
Butler moved, Hurr seconded, to approve the date STUBBS BAY MARINA*
of February 11, 1980 at 7 : 00 P.M, for the Stubbs Public Hearing Date
Bay Marina Rezoning Public Hearing. Motion,
Ayes (3) - Nays (0) .
A memo to the City Council from Dick Benson, City 201 SOUTH[�7EST PLANNING
Administrator, concerning the 201 Southwest Plan-
ning, dated January 23, 1980 , states :
I attended a meeting January 15 , 1980 with the
Metropolitan Waste Control Commission and rep-
resentatives of other cities to discuss the total
regional waste water management plan for the
southwest area.
The plan is to eventually phase out all existing
plants , including Maple Plain, which means ,
the recommendation of the consultants is to build
interceptors to relieve existing sewer plant
problems.
Mayor Van Nest' s and my previous letters do out-
line Orono' s position which, at this time, should
be redrafted and sent to the Metropolitan Council,
Metropolitan Waste Control Commission, Pollution
Control Agency, Minnehaha Creek Watershed District,
and the Lake Minnetonka Conservation District.
Mayor Van Nest moved, Butler seconded, to approve RICHARD DOUGHERTY LETTE
the letter from Dick Benson, City Administrator, January 24 , 1980
to Richard J. Dougherty, Chief Administrator,
Metropolitan Waste Control Commission, dated
January 24 , 1980. Motion, Ayes (3) - Nays (0) .
Letter - Pages 8 & 9
A letter was received from Albert Andrews , Jr. , ALBERT ANDREWS, JR.
2625 North Shore Drive, dated January 18 , 1980 LETTER
conoerning sewers for the North Shore Drive area. 2625 North Shore Drive
Letter - Pages 10 & 11
Glenn Cook, City Engineer, informed the City MUSA LINE
Council that he will have a new map ready for
the next Council meeting outlining the MUSA
line.
' • Telephone 473-7357
� ' -�� Page 8
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January 24 , 1980
P'Ir. Richard J. Douc�herty
Chief Administrator
Metropolitan �7aste Control Coru�ission
350 rsetro Square Building
7th & Robert Streets
St. Paul, Minnesota 55101
Dear Mr. Doughertv:
The City of Orono has reviewed the P�etrono�itan :�7aste Control
Comriission' s 201 Southwest Facilities Study internally and
also with *S?9CC staff and their consultants.
The study was prompted b�� the P�[�7CC' s concerns with increased
population and industrical growth, which is incor�orated into
long range plans for service area #4, including the Cityo uf
Orono.
Located within service area #4 , in the center of a designated
rural area, is the PZaple Plain waste water treatment plant
which does not have adequate phosphorous and suspended solids
removal facilities. The choice of three alternatives in resolving
24aple Plain' s inadequate nutrient removal process, which was not
evaluated on a local service area context, but on an entire
regional context, has been as indicated to us to construct an
interceptor fror.► Maple Plain, an existing rural area through
Orono' s existing rural area to the City of Long Lake, which has
not yet become fully developed.
The City of Orono is diametrically opposed to the alternative of
constructing an interceptor through the heart of Orono' s rural
area.
.
,
, , Page 9
P4r. Richard Dougherty
January 24, 1980
Page 2
Forcing large interceptors through the Cit�� of Orono .from and
through existing rural areas to existinc7 metropolitan sewer
service rec�ion lines can onlv force urbanization in an existing
sensitive rural watershed containing one of natures predominate
nutrient removing resources, wetlands.
If the interceptor alternative is se�ecteci and does pass through
the City of Orono, it will violate and cause serious conf_lict
with, not only Orono' s Comprehensive Sewer Plan, Land Use Plan,
and the total planning Process, but also with other communities
in the north and west Lake t'Iinnetonka area.
The City of Orono does agree with the 208 Studv conducted by the
P4etropolitan Council in upgrading the Piaple Plain waste water
treat�►ent plant and does agree with long range planninc� in
determininc� alternatives as a result of preliminary findinqs in
our 201 Study. Orono is also very interested in determining
long range iriPacts in any study area which, in this particular
case, should result in a reevaluation of rionetary and non-
monetary costs and issues as well as reviewing reasonable
alternatives to remove unwanted nutrients.
In summation, the City of Orono does object to the alternative
of constructing an interceptor which is not consistent with the
City' s Comprehensive Sewer Plan, Comprehensive ruide plan,
and Orono' s Surface [+7ater P4anager•_ient Plan.
Sincerely,
L�/��G�
Walte . nso
City Adrministrator
cc_ Charles Weaver, Metropolitan Council Chairman
Salisbur� Adams, Hetropolitan ��Taste Control Commission Chairman
Bernard Aarrington, r�[dCC
Senator Pillsbury
Re�resentative Searles
Edward Rartsdell
Minnehaha Creek iJatershed District
Lake Minnetonka Conservation District
Kent Roberts, Pollution Control A_qenc_y
P4a�or �Ian 21est
Orono Citv Council
Glenn Cook, Orono Cit�� Fnc�ineer
Lyle Swanson, McCombs-Knutson Engineering
John Gerhardson, Public ��orks Coordinator
� Page 10
WRIGHT, WEST & DIES•SNER
L A W O F F I C E S
2000 MIDWEST PLAZA BUILDING
fi01 NIGOLLET MALL
wEL�S J.WRIGHT B12•33B-3B00
IIARI �.D�ESSNER MINNEAPOLIS,MINNESOTA 55402
SHEFFIELD M'E5T
PETEP WE155 '
ALBERT ANDF7EM�S.JR. (�.� � r�.I ,(�
RICHARD A. MASSEL 11 � �O�I/ �
. TMOMAS R. KING D L U D
CNARLES F, DIESSNER
THOMAS R. MANLER
ROBERT H.ZALK
DOBSON WEST �(��/�
IARRY JTBERG January �O � 170o JAN 21 j,��/
VIRGINIA L. L�EBIG - �
CITY OF ORONO
Mayor and Council
City of Orono
P. O. Box 66
Crystal Bay, Pdinnesota 55323
Dear Mayor and Council Members :
I appreciate the staff and council ' s time last week. It certainly
is an example of open response of government at its best. As I am
going to be out of town a great deal the next month, I want the
record to reflect my views on the sewer situation at North Shore
Drive.
First of all, I totally agree with Mayor VanNest' s concepts of (1)
rural Orono, and (2) strict enforcement of septic codes to keep
major sewer projects out and the attendant costs and developments
out.
Secondly, I am not terribly excited about spending a great deal of
money for a sewer project when my septic system is working per-
fectly, and to my knowledge, there has never been any trouble with
i However, there are several reasons why I think a sewer project
may be desirable at this time:
l. In the last few years the water table on my property
has changed dramatically. Zn the past years I had a
lovely front yard that could be cut with a riding
lawn mower, and the drainage ditch next to the road
was dry during the summer. Now this half of my front
yard is useless as it is under water most of the time
and is turning into a swamp. Because of this turn of
events , I think my septic system' s drainage field
could be affected in the future, and I doubt that
under the current rules and regulations I would be
able to repair it in compliance with local and state
law.
� • Page 11
.
Mayor and Council
City of Orono
January 18 , 1980
Page two
2. My neighbor to the west has a major problem that is
currently affecting me. There seems to be raw
sewage and effluent running onto my property in two
places which adds to my water level problem in addi-
tion to having an obnoxious odor. I do not think
that he has the land, soil or drainage to correct
the problem.
3. I think it is inevitable that sewer will be mandated
by some governmental agency for those of us that
live on the lake.
4 . I have no doubt that there are many of us who have
no problems now, but will have problems in the future
because of lake levels, soils and water tables .
5. Because I feel that at some point sewer will be in-
evitable, I would rather pay for it now than 20 years
from now, when I may be retired and on a fixed income.
(My next move from this house is to Lakewood, so hope-
fully, I will be a long-term resident. )
I would think that the very least the city could do now is fund a
feasibility study which would take into account the neighborhood' s
preference for sewer routes. I am especially concerned that the
environment, especially the trees, be disturbed as little as pos-
sible. I think this is especially important up by the Wilsons.
Also, I have some thoughts on where a proposed line should run
across my property. In addition, I would hope that as a part of
the feasibility study, a small project for just the west end houses
could be examined. (My only caveat to this is that if neighbors
to the east do not choose to go into a project at this time, do
not ever expect me to grant any easements over my property for
future sewer projects which would disrupt my property--once is
enough. ) Another aspect of the feasibility study might include
a cost analysis of a private versus a public project.
Thank you for your time.
Very truly yours,
�%�� ,� ����
Albert Andrews, Jr.
AA: ss
cc: Michael Gaffron
� REG�LAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 12
A memo to the City Council from Dick Benson, City RING ROUTE CONSTRUCTION
Administrator, concerning the ring route construction,
dated January 24 , 1980 , states :
Action was taken at our last Council meeting to pay
Buffalo Bituminous Payment #5 in the amount of
$36 ,550. 95 , subject to:
l. Notifying bonding company of Orono' s concerns
relating to failure to complete project on time
and possible lack of sufficient funds to protect
City' s financial exposure plus cause for liquidated
damages.
2. Determine schedule of completion in 1980
3. Process necessary change orders
4. Initiate agreement to maintain street
The City has had a total lack of cooperation from
the contractor in responding to our letters and
telephone calls, which cannot be tolerated. We
cannot afford to allow the contractor to dictate
to us how and when,if ever, the project will be
completed.
I called a meeting for 10: 00 A. M. , January 22 ,
1980 and met with the contractor, his attorney,
Bruce Malkerson and Glenn Cook, our engineer.
Attached are notes on our meeting, a copy of our
letter to the bonding company and a reply from
Buffalo Bituminous. When we are satisfied that the
bonding company and Buffalo Bituminous are coordinating
their efforts to satisfy the owner, which is Orono,
we will release the payment.
January 22 , 1980 - 10 : 00 A. M. Meeting Memo JANUARY 22, 1980
Pages 13-17 Meeting Memo
Letter from Walter S. Johnson, Attorney for Buffalo
Bituminous dated January 22 , 1980
Pages 18 & 19
Letter to United Pacific Insurance Company Bond BONDING COMPANY LETTER
Number U977706 - Buffalo Bituminous - dated January 25, 1980
January 25, 1980 - Pages 20-23
Mayor Van Nest moved, Butler seconded, to approve
Dick Benson' s letter to United Pacific Insurance
Company regarding the bond for Buffalo Bituminous
dated January 25 , 1980. Motion, Ayes (3) - Nays (0) .
,
• ` • Page 13
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MEMORANDUM
TO: LF 3643-066
FROM: BDM
RE: Meeting of Attorneys and Principals
in Regard to Status of Ring Route Pro�ect
On January 22 , 1980 , at approximately 10: 00 A.M. , the following
people met to discuss the status of the ring route project:
Walter Johnson, attorney for the contractor, George McCalpine,
a principal of the contractor, Walter Benson, City Administrator,
Glenn Cook, City Engineer, John Gerhardson, City Superintendent
of Public Works , Bruce D. Malkerson, City Attorney.
Benson stated that the city was very concerned about numerous
items, among them being as follows :
1. Maintenance of streets.
2 . The fact that the project had not been completed.
3. The failure of the contractor to provide information
on the requested change order.
4 . The failure of the contractor to respond orally or in
writing to the various concerns of the city expressed to the
contractor in the past.
There then followed a discussion concerning maintenance of the
road prior to Orono' s accepting the completion of the road. Cook
stated that it is his understanding that the city will undertake
the day to day maintenance of the road, bill the cost thereof to
the contractor, and that the city will first inform the contractor
of any extraordinary maintenance which is defined as an expense
item of over $500 , and then the contractor will let the city know
if the contractor would prefer doing the work. McCalpine stated
that he agreed that that was the agreement reached orally in
December of 1979 , and that the contractor would send a letter
to the city agreeing that the contractor was responsible for all
the costs and the city could do the work and bill the contractor
as noted.
There then followed a discussion concerning the change order in
regard to a construction of the retaining wall. McCalpine
stated that he had contacted several construction companies
and that no one had expressed interest in doing the work.
There followed a discussion abont additional contacts to the
' Page 14
Melheny Construction Company, the Progressive Construction
Company and the Beekman Construction Company. The contractor
agreed to send a letter to the city stating that within 30 days
it would have a complete response to the requested change order
with all of the prices outlined therein. �
There then followed a discussion concerning liquidated damages
to be assessed on the project because of the contractor ' s failure
to meet the deadline date of November 15, 1979. Johnson, the
attorney for the contractor, stated that the contractor at this
time wanted to show its good will, get the project completed,
and then discuss the question of liquidated damages. Malkerson
stated that it may make sense for the contractor at this time to
allow the reasons why the contractor tbinks it should not have to
pay liquidated damages . Johnson stated that although under the
contract liquidated damages may be due, he would hope that the
city would not assess liquidated damages because of the weather
in 1979 , and the timing of the contract. Malkerson asked him to
explain both matters. It was then discussed generally that the
bid opening for the contract was on April 27 , 1979 , and that pur-
suant to the terms of the specifications, that if the city wanted
to bind the contractor, the city would have to let the contract
to the contractor by May 27 , 1979 . Malkerson noted that there
had been discussions with various property owners concerning
whether or not to construct the project in 1979, and therefore
there was a possibility that after the bid opening, the city
may not proceed with the project. The City Engineer had spoken
with the contractor and the contractor agreed to extend the nor-
mal thirty day time period to January 12 , 1979, so that the city
could decide to let the contract up and through June 12 , 1979.
The contractor noted that the contract was awarded to the con-
tractor on June 12, 1979 , and the contractor had been asked by
the City Engineer previously to submit a letter to the city con-
firming the oral understanding concerning the extension of the
30 days through June 12 , 1979 . The city never received such a
letter. After the award of contract on �une 12, 1979 , the city
sent the contract documents to the contractor on June 14, 1979,
and thereafter the contractor executed the documents and provided
the performance bond as required by the contract documents. Aow-
ever, it was agreed by everyone that at no time did the contractor
ask for a change in the contract completion date or in anyway
indicated that he would not then be able to complete the project
as provided for in the contract. In fact, it was noted that the
contractor signed that contract and, therefore, without doubt
bound himself to the November 15, 1979 deadline date. The
engineer and the public works administrator noted that at the
preconstruction conference at which the contractor was present
on June 14 , 1979 , the contractor again said he would have no
problems meeting the completion date of November 15, 1979, and
in fact he expected to complete the project in early October,
1979 .
' -2-
- Page 15
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Johnson stated the city should consider the weather that was
encountered during the surnmer.
Malkerson stated that the contractor had an opportunity to
request an extension of the deadline prior to his signing the
contract in June of 1979 , and that he did not do so. He stated
that throughout the entire summer, and even into the fall of
1979, there had been no request for any extension. The only
request for extension came on November 28 , 1979 , 13 days after
the completion date had been past by the contractor. At that
time the contractor was already in default without any prior
request for an extension.
Johnson stated that weather had been troublesome for them
especially in the fall. Benson stated that the contractor
pulled his subcontractor and his own men and machinery off of
the project in August when there was still good weather and the
project could have been completed.
Malkerson stated that it was obviously a business decision by
the contractor to pull the subcontractor and his own equipment
and men to work on other projects instead of completing ours for
the city in a timely manner. •
Johnson, stated that the delay in letting the contract caused
some problems with Ernie Robash, who was the grading subcontractor.
When they pulled off the subcontractor and the contractor' s men
and equipment to do other work, they anticipated then having good
weather later. That good weather did not come. He stated there
was also a problem with the Elk River Concrete Company. He
admitted it was debatable as to how the problems there could
have affected the time period for completion. Johnson stated,
"I don't say these things as excuses for our failure, but the
weather and the concrete problem did hnrt us. "
Malkerson then asked the contractor where else he was doing work
that summer. McCalpine stated that they had contracts in Long
Lake, Maple Plain, Mound, Isanti County and elsewhere.
Benson stated that the c,ontractor had made his own business
decision to pull out of the city' s project to work in other
cities. Malkerson reiterated that this is a business decision
made by the contractor and that he cannot now expect the city to
not demand payment of liquidated damages as is provided for
clearly in the contract.
McCalpine stated that they had already bid on three or four jobs
prior to the letting of the contract to his company by the city,
and that they had already been awarded two bids in May.
-3-
� -
• ' Page 16
Malkerson stated he should have thought that through prior to
his accepting this contract and telling the city that it would
have an extension during which time it could still let the con-
tract to the contractor. -
Benson stated that the city is very concerned about the lack of
communications from the contractor to the city, the city smells
a rat, the city wants letters confirming what the contractor has
been saying. He said otherwise next June and July, he knows that
the contractor is going to fight over every little bill and addi-
tional expense the contractor can insert because of the city ' s
rightful claim to liquidated damages . �
Malkerson then reviewed the letter from the bonding company con-
cerning the bonding company ' s agreement to cover the liquidated
damages and stated that the letter was inadequate and that the
city would draft a letter for the bonding company and the con-
tractor to sign. Johnson and McCalpine agreed to it.
There then followed a general discussion concerning the proposed
construction schedule for 1980 . Malkerson noted that if the city
is able to release any monies , it is not doing so because it feels
it has a legal duty to do so. The city' s position is clear: There
has been a major breach of the contract by the contractor; liquid-
ated damages are now due and will continue to be due to the city in
the future; the city is willing to consider releasing the funds as
long as the city receives the necessary assurances in writing that
such a release will not in any way jeopardize the financial stabil-
ity of the project, the completion of the project, the coverage
of the contract by the bonding company, and that such a release
will in no way endanger the city' s right to liquidated damages.
McCalpine stated that he would agree in writing to state that
the city' s project will be its first priority project in the
spring of 1980. That it will work on no other projects except
ours until it is completed. It will take ten to 15 construction
days or approximately three weeks of time to complete the project.
That the seeding will be pursuant to the contract specifications.
Malkerson stated there may be additional expenses incurred because
of the fact that the right of entry agreements have specific
deadline dates which may not now be able to be met including
but not limited to the White property, the Sweizel property,
the Johnson property. Malkerson will check on that and inform
the contractor of problems related th�reto.
McCalpine stated that they will be using all of their men with
the grading subcontractor to do the gradi.ng work iinmediately in
the spring.
McCalpine noted that last spring was a bad season with late
starts. He anticipated three to four days of total paving
-4-
. " � - Page 17
. '
and that the road shoulders would not take that long. Cook
stated that the base course looks pretty good with one bad
spot on the grade where the paver broke down.
McCalpine stated they did not finish any paving in the City
of Long Lake and that they had a lot of projects which they
did not complete in 1979. He admitted that the paving machine
that was used on the Orono project was an old one, that "it
was an old one that we used, it sits in the yard, it is used
� for emergencies only. We will use the new one when we finish
the road in the spring. " He stated, "T am amazed that the patch
job that we did between the ring road and the county road at the
intersection is still standing there. "
Malkerson then summarized the meeting by noting that the contractor
had agreed to provide us in writing the assurances �necessary con-
cerning the maintenance, the change order, the scheduling of the
project, and the city would submit a letter to the contractor and
to the bonding company. Malkerson stated tha� once all of these
things are completed, then the city may consider issuing a check
for the most recent pay request, it having to be understood that
the city in no way is waiving any of its rights to claim liquidated
damages.
Johnson and McCalpine left. Thereafter there followed a discussion
concerning the acquisition of easements and the sharing of costs
thereof with the county. It is our understanding that there will
be a 50-50 split on easements which in this case would include
the retaining wall.
BDM:ssl-5
� � Page 18
JOHNSON, JOHNSON AND DOUGLAS
ATTORNEYS AT LAW
116 North Central Avenue
a'ziter S.Johnson Buffalo, Minnesota 55313 Telephone
Kim R.Johnson (612) 68�1343
Bruce R. Douglas Jan�� �, 1980 Metro 475-2103
Mr. Walter R, Benson � � � � 0 � �
Cit of Orono D
7
P. 0, Box 66 _ ,1AN 24 1980 '
Crystal Bap, Minnesota 55323
Mr, Bruce D, Malkerson (;�N �F ORONO
Attor-ney At Law
4344 IDS Center
24inneapolis, MinnescJta 55402
Mr, Glen R. Cook
2335 w. Trunk Highwa,y 36
St. Pau1, Minnesota 55u3
Mr. John Gerhardson
Public Works Director
P, o. Box 66
Crystal Bay, NLinnesota 55323
Re: Buffalo Bituminous, Inc.
City of Orono - Ring Route R.oad
Dear Sirs:
This will confirm that this morning at the City Ha]1 of the City of Orono, George
McAlp�ne as officer of Buffalo Bituminous, Inc. and Walter S. Johnson as their
attorney, met with the City Administrator, City Attorney, City Engineer and Project
Engineer of the City of Orono.
We discussed the Orono Ring Road project and Buffalo Bituminous performance on snch
project. Buffalo Bitnminous agrees:
A, The City of Orono has done and is hereby authorizaito do ordinary maintenance
on the Ring Road. The City shall bi11 Buffalo Bitluninous for the cost thereof which shall
be paid by Buffalo Bitimminous. Ordinary maintenance refers to any item that does not in
itself involve in excess of $5�•�• � anY item that will involve more than $500.00,
Buffalo Bituminous prefers to be consulted and given the opportunity to perform the same
itself. In any event, Buffalo Bitiuni.nous accepts responsitiLity for maintenance.
B. Buffalo Bit�inous will proceed with all diligence to procure a cost estimate
as to change order No. 2 which establishes a retaining wall and deletes a tarning lane•
It is expected that Buffalo Bituminous shall procure such cost estimate within thirty
days from this date.
� ' Page 19
.
Walter R. Benson
Bruce D, Malkerson
Glen R, Cook
John Gerhardson
Letter - Page �o January 22, 1980
C. Buffalo Bituminous will proceed in the spring of 1980 as rapidly and dili-
gently as possible to complete the Orono Ring Road pro�ect. This will be the number
one priority 3ob xith Buffalo Bituminous. It is expected the entire pr�ect will be
finished before July l, 1980 unless weather prohibits. It is estimated actual work
days will be approximately fifteen and Buffalo Bituminous will begin to finish such
project as soon as weather and State and Municipal laws and regulations permit work
thereon.
Very truly yours,
JOHNSON, J HNSON &'DOUGLAS
/ � ��
� / / , ��
Walter S. J �n� ,% `
Attorney for Buffalo Bituminous
l/
BUFFAI.O BITUMINOUS, INC.
,
' �:�
By:=�1�' �_�/�;.i:-�yv.�..1-.
✓ ��
WSJ�es `
,' ' T�l�rhone 47:�7:i:>7
� � Page 20
_,��:�:��:�`� CIT`�' of OROI`TO
�r,=�7��. :�a::_
,- ,..:.
�''�'''� -�� " Posl Oftice Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
�..
'�:r :'v,,�' -
..�•.' �
_ � �
� On the North Shore oj Lake Minnetonka
:�, ;'�� ;�:--
,�
+O � � ,7anuary 25 , 1980
Mr. R. W. Frank
United Pacific Insurance Company
12 South Sixth Street
Minneapolis, Minnesota 55402
RE: United Pacific Insurance Company Bond
Number U977706 ,
Buffalo Bituminous , Inc. -
City of Orono, Minnesota for street grading
and surfacing on ring route, Orono, Minnesota
Dear Mr. Frank:
As you know, the City of Orono entered into a contract with
Buffalo Bituminous , Inc. in June, 1979 , which contract required
that the contractor complete . the project by November 15 , 1979 .
As of November 15, 1979 , the contractor had not completed the
project pursuant to the contract documents.
United Pacific Insurance Company had issued the performance
bond pursuant to the contract for this project.
Previously your company sent a form letter to the city asking
whether or not the project had been completed and the city
responded that the contractor had failed to complete the
project as provided in the contract.
Prior to November 15 , 1979 , the contractor did not request
any extension in the contract and no request was made in fact
until November 28 , 1979 .
It is now anticipated that the contractor will not be able
to complete the project until June 30 , 1980 . Liquidated
' � Page 21
.
Mr. R. W. Frank
January 25 , 1980
Page Two
damages from November 15 , 1979 , through June 30, 1980 , would
amount to approximately $45 , 600 . If the completion of the
project extends beyond that time, the liguidated damages
would be even greater.
The estimated work remaining on the project is $230 , 000 plus
or minus, and in the event that this remaining work must be
rebid because o£ the contractor ' s default, anticipated infla-
tion of at least 15$ or $34 , 500 would have to be added to the
project cost. Moreover, in the event the contractor left the
job, any new contractor would undoubtedly charge a premium to
finish the reduced project, which premium could amount to as
much as $10 , 000, if not more .
To date the City of Orono has paid out to the contractor $327 , 443 . 80
and has retained $36 , 338 . 20 pursuant to the retainage percentages
set forth in the contract. The most recent request for payment
by the contractor, payment number 5 , if paid, would result in a
retainage by the city of only $43 , 732 . 75 , which amount is not
sufficient to protect the city ' s anticipated financial exposure
as noted above in the total amount of $90 , 100.
The city has therefore informed the contractor that additional
payments will not be made on the project unless the bonding
company recommends release of the funds, because in the event
of continued default by the contractor (and in any event, there
is a claim for liquidated damages] , it may be necessary for the
city to seek the payments for default and liquidated damages as
set forth above from the bonding company.
Because the contractor is clearly in default, the city is under
no legal obligation to make payment to the contractor pursuant to
section 10 of the general conditions of the contract. In fact,
the city could, if it wanted to, declare the contractor to be
entirely in default, and order the contractor off of the job.
In that event, the city could require payment of the entire
amount of the performance bond to insure that the money would
be available to pay a new contractor to finish the work.
However, as of this time, the city is not going to prevent
the contractor from proceeding. The contractor has promised
to work diligently on the project in the spring of 1980 ,
until completed and, therefore, the city is willing to allow
the contractor to proceed.
' , ,
� � Page 22
Mr . R. W. Frank
January 25 , 1980
Page Three
The contractor said that he will work first and only on our
project until it is completed. Estimated completion date is
July l, 1980 .
The city is willing to release the funds as requested at this
time as long as it is agreed by Buffalo Bituminous , Inc . and
the bonding company as follows :
l. The release of the funds does not in any way mean
that the city is forgiving the default or that the city is
waiving any of its rights to claim liquidated damages now or
in the future.
2. There may be additional expenses incurred by the city
because of the breach such as the need to obtain extensions on
right of entry agreements which were previously predicated
on a November 15 , 1979 completion date, which has now expired.
3. The bonding company and the contractor agree that the
performance bond will cover any liquidated damages as is provided
for in the contract.
4. The city' s release of the monies presently or in the
future in response to other requests for payment from the con-
tractor will in no way affect the validity of any portion of
the contract.
5. The contractor and the bonding company waive any
rights to claim that there is any damage to either of them
or interest due to them from the city based upon the city ' s
withholding of the present funds beyond the 10� retainage
pursuant to the contract.
In the event that both parties agree to the terms outlined in
this letter, the city will release the payment outlined under
request for payment number 5 . Please return a fully executed
copy of this letter.
If you have any questions , please call me.
Very truly yours,
f� i%
Walter . �e7ison,
Clerk/Administrator
WRB: ss
cc: Bruce D. Malkerson, City Attorney
Buffalo Bituminous, Inc.
Walter Johnson, Attorney for Buffalo Bituminous , Inc.
, �
' � Page 23
.
Mr. R. W. Frank
January 23, 1980
Page Four
I� , on behalf of United Pacific
Insurance Company, agree to the terms of the above letter
contract.
By
Its
I � , on behalf of Buffalo Bituminous ,
Inc. , agree to the terms of the above letter contract.
By
Its
' REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 24
Glenn Cook, City Engineer, explained to the City TRAFFIC COUNTS
Council the method that is used to calculate traffic County Roads
flows on County roads; also, how the average annual
daily traffic (A.ADT) count is determined.
Mayor Van Nest moved, Butler seconded, to table BARTON-ASCHMAN & ASSOC.
until a later date the item concerning the Barton-
Aschman & Associates Transportation Analysis.
Motion, Ayes (3) - Nays (0) .
A memo to the City Council from Dick Benson, City TRAFFIC SIGNAL
Administrator, concerning land acquisition at Right-of-Way Acquisitio
Highway #12 and the Old Crystal Bay Road for the
traffic signal, dated January 24 , 1989 , states:
I have discussed with Gale Lennon, Superintendent
of School District 278, our participation in the
purchase of land acquisition for the semaphore.
Glenn Cook, City Engineer, is reviewing with our
City appraisers land values. He is also reviewing
with the State, the inclusion of this land purchase
cost in the construction project, or the availability
of M.S.A. funds to support the total purchase. None-
the-less, we are proceeding with the schedule as
previously adopted at our last Council meeting.
Since the letter was received from Gale Lennon dated
January 11, 1980 , I have not had an opportunity to
meet with him and the School Board, but we do have
a gentlemen' s agreement that we will all work together
on right-of-way purchase regardless of what happens
and arrive at a cost sharing agreement at a later date.
Letter from Gale Lennon, Superintendent of School
District 278 - Pages 25 & 26
Council Meeting - January 30 , 1980
Glenn Cook, City Engineer, informed the City Council
that an estimate for the cost of purchasing right-
of-way for the traffic signal would be forthcoming.
He stated that the State would not pay for acquisition
of the right-of-way.
A public hearing will be held February 28 , 1980 at PUBLIC HEARING DATE
7: 30 P.M. at the Orono Middle School concerning #12 & Old Crystal Bay P
Highway #12 and the Old Crystal Bay Road control
light construction to discuss the design.
� � ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 Page 25
INDEPENDENCE - LONG LAKE-MAPLE PI.AIN•MEDINA-MINNETONKA BEACH-ORONO
685 OLD CRYSTAL BAY ROAD
LONG LAKE,MINNESOTA 55356
wwm
cu+ra�
DR. GALE G. LENNON � W. A. FENHOLT
SUPERINTENDENT OF SCHOOLS T T RINTENDENT
(612)473-7313 January 11 , 1980 ����j �� ) - 313
D � � U
�
Mr. Walter R. Benson
JAN 1 :� 1980
City Administrator
City of Orono C�TM OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
Dear Dick,
Thank you for your letter of January 8 regarding the time schedule for the installation
of a semaphore at the intersection of Highway 12 and Old Crystal Bay Road. Please
be assured that the Board and I are extremely pleased that all of you in the City of
Orono have worked so vigorously to assist us in providing the safest intersection pos-
sible in this location. Many members of your group and of the school group have
worked together for almost fifteen years to achieve this goal thot appears will become
a reality approximately mid-summer 1981 . It is obvious that a high level of coopera-
tion and tenacity will again enable us to make the Orono area a safer and a better
place to live and work.
Your primary request is that the Orono School Distiict participate in the funding nec-
essary for land acquisition for this installation. Our Board has very briefly discussed
the potential for this cooperative participation but has not studied the situation care-
fully nor made any definite commitment. I believe it is appropriate that I place the
topic of cooperative land acquisition participation on the school board agenda for
discussion and possibly a preliminary determination at the January 21, 1980 Board
Meeting. It would be most helpful to us if you could let us know the percentage of
expected school participation�in the land acquisition project so that we might study
our budget and make preliminary plans for any significant expediture. I would expect
we would need to know the exact dollar amount necessary before a final commitment
by the Board would be made.
If it is possible, would you please let me know by Tuesday noon, January 15, 1980
what the City of Orono feels an equitable cooperative land ocquisition share for the
school district would be. li= I am temporarily out of the offiee, would you please
DR. K. B. WINTER W. V. NELSON RONALD E. GILBERT
SR. HIGH SCHOOL PRINCIPAL MIDDLE SCHOOL PRINCIPAL EIEMENTARY COORDINATOR
473-5472 473-7301 473-7317
C. WAYNE SMITH JAMES E. SEITER MRS. MARVEL A. BONGART
ASSOC. SR. HIGH SCHOOL PRINCIPAL ASS'T MIDDLE SCHOOL PRINCIPAL MAPLE PLAIN EIEMEN7ARY PRINCIPAL
473-5472 473-7301 479-1977
� � • Page 26
Mr. Walter R. Benson
January 11 , 1980
Page 2
give the figure to Judy Gorden, my secretary. Again, thank you for the tremendous
assistance and support from the City of Orono and all of its officials and employees.
It is truly a pleasure to work with so many fine people.
Si ncere I y yours,
i��
. J
Gale G. Lennon
Superi ntendent
GGL:jg
� . 'REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 27
A memo from Michael Gaffron, On-Site Systems SEWER PROJECT FUNDING
Manager, concerning sewer projects funding
dated January 10 , 1980 , states:
The response to my query of Farmers Home Adminis-
tration regarding possible funding of sewage treat-
ment projects in Orono,where no existing sewers
are available, states that we cannot obtain funds
from this source. The response from HUD indicates
that collector systems would be eligible activities
under the CDBG Program.
Mr. Gaffron presented the City Council with a list
of properties remaining to be connected to the
available municipal sewer system. Some of these
are currently working with us to hookup as soon
as possible. Some have been tagged and the rest
will be either handled by staff or through legal
action in the coming months.
The following traffic count for the ring route TRAFFIC COUNT
was prepared by John Gerhardson, Public Works Ring Route Road
Coordinator dated January 15 , 1980 , which states :
Hennepin County has assisted us in performing
traffic counts on the ring route road. The
following are the dates and counts :
December 17-December 19 - 48-hour count ADT 1, 339
January 9-January 10 - 24-hour count ADT 1, 082
We will be performing traffic counts regularly,
weather permitting.
A feasibility report for the West Ferndale/ WEST FERNDALE/MINNETONKA
Minnetonka Bluffs area sewers will be ready BLUFFS SEWER AREA
for the next Council meeting.
Mayor Van Nest announced that the regular Council REGULAR COUNCIL MEETING
meetings for 1980 will be held the second and DATES
fourth Mondays of the month beginning February 11,
1980 at 7 : 00 P.M.
Hurr moved, Mayor Van Nest seconded, to table APPOINTMENTS
until the next Council meeting appointments Planning Commission
for the Planning Commission Chairman and Vice-
Chairman. Motion, Ayes (3) - Nays (0) .
� � i2E�ULAR MEETING OF THE ORONO COUNCIL, JANUARY 30, 1980 Page 28
The following memo prepared by Chief of Police LAW ENFORCEMENT INTERN*
Kilbo concerning a law enforcement intern John Pohtilla
dated January 9 , 1980 , states:
The Police Department has a request from Mr. John
Pohtilla, 17715 25th Avenue N. , Plymouth, Mn.
to complete his college work at Normandale
Community College by serving a ten week internship
with our department. John is 20 years old and is
in his second year at Normandale in Law Enforcement
studies.
John has been with the Police Reserve for approximately
one year, during this time, he has received some
training in different areas of Law Enforcement.
During his internship, he will work on statistical
data relating to burglar alarms to determine the
percentage of false alarms. He will also purge
the record system for outdated records, and update
the after hours business call-out books in each
of the squads. He will also perform such activities
as the Chief may direct.
The following conditions will apply:
l. The period of internship will run from
January l, 1980 through the second week of
March. A period of ten weeks at approximately
20 hours per week.
2. He will not be an employee of the City nor be
guaranteed employment after the period.
3. Insurance coverage is not afforded by the college.
Our carrier will assume coverage under compre-
hensive liability policy upon recepit of a
memo requesting coverage.
4 . Evaluation and grading by the Chief of Police.
5. This will not create a position for future
employment.
6. There is no salary involved.
Council Meeting - January 30 , 1980
Butler move�,Hurr seconded, to approve John Pohtilla
as a Law Enforcement Intern for the Police Department
per the above memo. Motion, Ayes (3) - Nays (0) .
� � RE�GULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 29
Butler moved, Hurr seconded, to approve the COMMUNITY BLOCK GRANT
Community Block Grant Status Report prepared by STATUS REPORT*
John Gerhardson, Public Works Coordinator,
dated January 15 , 1980. Motion, Ayes (3) -
Nays (0) .
Butler moved, Hurr seconded, to approve the RESIGNATION*
resignation of Tracy Whitehead from the West Tracy Whitehead
Hennepin Human Services Planning Board with WHHSPB
regret. Motion, Ayes (3) - Nays (0) .
The City Council tabled until all Council ELECTION CHANGE
members are present the item concerning an
election change to even number years.
The appointment of a representative to the Com- COMMUNITY EDUCATION
munity Education Program for the Wayzata School PROGRAM REPRESENTATIVE
District 284 was tabled until the next Council
meeting.
Butler moved, Hurr seconded, to approve the BOARD OF REVIEW DATE*
Board of Review date of May 27 , 1980 at May 27, 1980
7: 30 P.M. Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the HOCKEY BOOSTER MEETING*
date of February 6 , 1980 at 7: 30 P.M, for a February 6 , 1980
Hockey Booster meeting at the Council Chambers.
Motion, Ayes (3) - Nays (0) .
The following memo was prepared by John Gerhardson, *GRINDER STATION PROBLEM
Public Works Coordinator, concerning grinder
station problems and recommendations dated
January 16 , 1980, which states :
At the present time , the City of Orono does own
and maintain three miniature lift stations that
are equipped with two grinder pumps in each
station. These lift stations were place in
operation in 1975 as a result of the 73-1 sewer
construction project.
The three lift stations are located at the following
locations :
L.S . #30 - 990 Partenwood Road - Capacity-three residents
L.S. #31 - 996 North Arm Drive - Capacity-three residents
L.S . #32 - 998 North Arm Drive - Capacity-three residents
Each lift station hastwo Environmental I Grinder pumps.
we are experiencing several problems with the E-1
pump and the following i.s a list of my concerns: �
(Continued)
' REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 30
1. At the time the pumps were bid for the project, GRINDER STATION PROBLEM:
the Prest Company was the supplier. (Continued*)
2. At the time of installation, the Ed. Petrocelli
Company was the supplier.
3. At the present time , the nearest supplier is
New York City.
4. At the time when we needed one repaired, it
took the Petrocelli Company four months to
repair it and return it to us.
5. We have discussed our problem with other
municipalities and have found that they are
experiencing the same problem.
6. There is no way to test the pumps to see if
they are working properly during a weekly
maintenance routine.
7. The pumps are not a submersible pump but they
are exposed to a great amount of moisture
which has been the cause of most of the problems.
8. We have a total of seven pumps of which five
are operating now. (The spare pump we purchased
is not operationg)
In September, representatives of Environmental I
came out to discuss our problem. A field study was
done and we never heard from them again.
Therefore, we have received bids for the type of
pumps to change over the lift stations we have to
a submersible type pump with a testing panel. If
we replace one lift station per year, we should
be able to salvage parts from the replaced pumps
to keep the other two operating until replacement.
The following companies have presented bids for
replacement pumps :
l. The Prest Company has the Meyers W.G. 20
Grinder Pumps @ $3, 517. 00
2. Waldor Pump has the Torah model 12SGI Grinder
Pumps @ $3 , 049. 50
3. Tri-State Drilling Company has the Hydro-Matic
model SPG200MZ Grinder Pump @ $3 , 172 . 55
4. Hanson Pump Service has the Peabody-Barnes
Grinder Pump @ $2, 879 . 00
(Continued)
� R�GULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 31
Therefore, it is my recommendation to purchase GRINDER STATION PROBLEM;
the Peabody Barnes Grinder Pumps installed as per (Continued*)
bid of $2 , 879. 00.
Funds for purchasing the pumps can be borrowed
from the Public Improvement Revolving Fund.
Council Meeting - January 30 , 1980
Butler moved, Hurr seconded, to approve the
low bid of Peabody Barnes Grinder Pumps in
the amount of $2 , 879. 00 . Motion, Ayes (3) -
Nays (0) .
Butler moved, Hurr seconded, to approve the INVESTMENTS*
report from Tom ICuehn, Finance Director, September 30 , 1979
regarding investments as of September 30, 1979 .
Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the INVESTMENTS*
report from Tom Kuehn, Finance Director, January-December 31,
regarding investments from January-December 31, 1979
1979 . Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the RECEIPTS, DISBURSEMENTS
Receipts , Disbursements & Balances for the etc. *
month of September, 1979. Motion, Ayes (3) - September, 1979
Nays (0) .
Butler moved, Hurr seconded, to approve the RECETPTS, DISBURSEMENTS
Receipts, Disbursements, & Balances for the etc. *
month of October, 1979 . Motion, Ayes (3) - October, 1979
Nays (0) .
Butler moved, Hurr seconded, to approve the RECEIPTS, DISBURSEMENTS
Receipts, Disbursements, & Balances from etc. *
January through September, 1979 . Motion, January-September, 1979
Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the RECEIPTS, DISBURSEMENTS
Receints , Disbursements, & Balances from etc. *
January through Ocotber, 1979 . Motion, January-October, 1979
Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the RING ROUTE FUND STATUS*
Ring Route Construction Fund Status report
prepared by Tom Kuehn, Finance Director,
January 24, 1980. Motion, Ayes (3) - Nays (0) .
' RLGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 32
The following memo was prepared by John Gerhardson, ANNUAL STREET COST
Public Works Coordinator, concerning the Annual City REPORT - 1979*
Street Cost Tabulation Report for 1979 , dated
January 10, 1980 , which states:
The enclosed material contains a complete tabulation
of all City streets in reference to cost accounting
of all extraordinary maintenance which includes
expenditures for blacktop paving, street gravel
and rock, dust control, sealing programs and the
distribution of MSA funds.
Funds expended for routine maintenance such as
blacktop patching, ice and snow control (sand &
salt) , culverts , signs and drainage control are
not included in this report.
This type of accounting, which was requested by
the City Council in previous years, is very
meaningful when documenting expenditure of funds
that are budgeted for yearly maintenance costs.
This report, and our yearly traffic count analysis,
shows us where and why street maintenance costs
are escalating each year.
Fire lanes, park drives and beach areas are not
included in this document.
Council Meeting - January 30 , 1980
Butler moved, Hurr seconded, to approve the Annual
City Street Cost Tabulation Report for 1979 .
Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the Final CD�� - YEAR VI FUNDS*
Cost Tabulation Year VI of the Community Development
Block Grant Program in the amount of $62 , 664 d�te�
January 10, 1980. Motion, Ayes (3) - Nays (0) .
The following letter was received from Long Lake CABLE TV LETTER
Mayor Diane Gallagher, dated January 23 , 1980 , Long Lake Mayor
which states :
"Recently, the Long Lake City Council heard a
presentation by Warner Cable TV. The information
presented was quite interesting and all of us
realized that cable TV has much to offer.
(Continued)
' RE�ULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 33
s
We are wondering if there is any interest in CABLE TV LETTER
bringing cable TV to your community. One of the (Continued)
first steps, of course, is formation of a cable
TV service area. Since all of our communities
are too small to support sucri an area by themselves ,
the ideal solution is to band together to form
such a service area.
Perhaps you might be interested to learn more
about such a project and the advantages it can
bring to your community. If so, please contact
me at your earliest convenience. I will be happy
to arrange some type of informational meeting. "
End of letter
Council Meeting - January 30 , 1980
Bruce Malkerson, City Attorney, explained some of
the advantages of cable TV to the City Council
and stated that a joint powers agreement between
neighboring communities could be considered.
He also stated that he would make arrangements
for a member of his firm, who is knowledgeable
in cable TV, to appear before the City Council to
answer questions.
The attached letter from William A. Fenholt, SEWER & WATER AGREEMENT
Assistant Superintendent of Orono School District Orono School District
278, concerning the Water & Sewer Service Agreement
with the City of Long Lake was received January 22 ,
1980 .
Letter Page 34
Bruce Malkerson, City Attorney, informed the City WINE ORDINANCE
Council that he had sent a letter to them regard-
ing wine licenses.
Discussion was held concerning a wine ordinance
after which, Bruce Malkerson informed the City
Council that he would draft a proposed wine
ordinance for their review at a later date.
A memo concerning a refund for cigarette license REFUND - CIGARETTE
fees was presented to the City Council dated LICENSE FEES
January 25, 1980 , which states:
It has been brought to our attention that the
State Statutes set the fees for cigarette licenses.
Our fee schedule that was adopted last year raised
the fee from $3. 00 per quarter to $5. 00 per quarter.
(Continued, Page 35)
� ' ORONO INDEPENDENT SCHOOL DISTRICT N0. 278 Page 34
INDEPENDENCE-LONG LAKE •MAVLE PLAIN - MEDINA•MINNETONKA BEACH-ORONO •
6B5 OLD CRYSTAL BAY ROAD
LONG LAKE, MINNESOTA 55356
No�M
C1wriY
I�SSOOAT1p'�
DR. GtiLE G. LENNON W. A. FENHOIT
SUFERINiENDENT OF SCNOOLS ASST TO THE SUPERINTENDEt3T
16121a73-7313 (612)473-7313
January 18, 1980 D � (�1 � D �(] �[
U UL D
JAN 22 1980
Long Lake Mayor & Council 2•iembers .
Long Lake City Hall
Long Lake, MI1 55356
CITY OF ORONO
Dear Mayor and Council A'Iembers :
Recently, one of our School Board members alerted me to the fact
that the Long Lake City Council , on July 18, 1978, served notice to
the City of Orono that they intended to terminate the 1967 Water and
Sewer Service Agreement, effective three years from the date of notice .
Our entire Board has now been apprised of this action and they view
this as a very serious matter for the school district.
To comply with environmental regulations , the school phased out
its waste disposal system several years ago in favor of the city system.
We are also purchasing part of our water requirements from you.
In our opinion, the installation of a new waste disposal and/or
��ater supply system by the school district, when city services are
available, would be a needless waste of tax money. The correspondence
we have seen between Long Lake and Orono, however, leaves us with the
impression that the District might 3�e faced taith this problem eighteen
(18.) months from non�.
We would appreciate hearing from you soon as to whether or not
you have, or intend to, rescind the July 18, 1978 Ilotice of Termination_
6�e would also like to express appreciation for the excellent
cooperation and service we have received over the past thirteen years .
The Ci.ty water and sewer service ; provided under the 1967 agreement,
has been a significant benefit, not only to our school program, but to
all tax payers of the school district. We hope you will find it
possible to continue offering this service to us.
Sincerely,
-, - !
���L�•f i '�7:.i C�_ '�J''J L�L-C—t .�
William A. Fenholt
�aAF: jm Assistant to the Superintendent
CC: �� Walter R. Benson, City Administrator, City of Orono
Bruce D. *4alkerson, Orono Attorney
Arlo H. Vande Vegte , Long Lake Attorney
D�. Y,. B. ::'INiER �:'. V_ NELSON RONALD E. GILBERT
SR. HIGH SCHOOI PFINCIPAL �'IDDIE SCI�OOL PP.INCIPAL EIEMENTARY COORDINA70R
<7_'-5<72 <73-7301 473-7317
C. WAYNE S'�IiH JAMES E. SEITER MRS. MARVEI A. BONGART
ASSOC. SR. HIGH SCHOOL P?.INUVAL ASS'T MIDDIE SCHOOL PRINCIPAL h1APLE PLAIN ELEMENiARY PRINCIPAL
.�o �.» .�o -.on. t79-1977
� ' ttEGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 35
State Statute 461. 12 sets the fees at $12 . 00 per REFUNDS
year; therefore, we have been charging $8. 00 per (Continued)
year too much.
Council Meeting - January 30, 1980
Mayor Van Nest moved, Butler seconded, to refund
$8. 00 to the following business establishments
for over-payment of licenses fees:
Keaveny' s Navarre Drug
Keller' s Country Market
Ken' s 76 Service, Inc.
Lakeview Golf of Minnetonka, Inc.
Navarre Bowling Lanes
North Star Marina
Saga Hill Grocery
Spring Hill Center
Tyra' s Super Valu
Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to approve the LICENSES*
following licenses :
Bowler Company - Plumber
Earl W. Day & Sons , Inc. - Plumber
Jerry Johnson - Septic System Installer
K and K Heating & Plumbing, Inc. - Plumber
McGuire Plumbing & Heating - Plumber
Murphy Plumbing & Heating Company - Plumber
Louis H. Peter - Plumber
Richfield Plumbing Company - Plumber
Torgerson Well Company, Inc. - Well Driller
Cigarette Licenses
Keaveny' s Navarre Drug
Keller' s Country Market
Ken' s 76 Service, Inc.
Lakeview Golf of Minnetonka, Inc.
Navarre Bowling Lanes
North Star Marina
Orono Golf Course
Saga Hill Grocery
Spring Hill Center
Tyra' s Super Valu
Motion, Ayes (3) - Nays (0) .
t , r� r
�kEGULAR MEETING OF THE ORONO COUNCIL, JANUARY 30 , 1980 Page 36
Butler moved, Hurr seconded, that the All Funds BILLS*
Accounts 0122-OOG�l through 0122-00047 , 11423,
11435 through 11439 , 04889 throuqh 04977 and
Liquor Store Accounts 13446 through 13466 ,
be paid. Motion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, that ADJOURNP�IENT
the meeting be adjourned at 8: 50 P.M. Motion,
Ayes (3) - Nays (0) .
, -
William B. Van Nest, Mayor
�
Attest: , ! � ��
Walter Benson, City Administrator