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Home My WebLink About08-11-1980 Council Minutes � r � CITY OF ORONO Regular Meeting of the Orono Council , 7 :00 P.M. August 11, 1980 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, Hannah, Hurr, and Paurus. Also present: City Administrator Benson, City Planner Olson, City Engineer Quincey, and City Attorney Malkerson. Dick Benson, City Administrator, informed the City LAKE AREA SPORTS CENTE] Council that Mr. Farnand called and reguested that Patrick Farnand his presentation regarding the Lake Area Sports Center be entered on the August 25, 1980 Council agenda. Mayor Van Nest moved, Butler seconded, to enter on the August 25 , 1980 Council agenda the appearance of Mr. Patrick Farnand for a presentation regarding the Lake Area Sports Center. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to remove items #28 and CONSENT AGENDA* #34 from the Consent agenda. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the Consent Agenda* , subject- to removing items #28 and #34 , with ' all staff data and supportive information to be included in the Minutes in the sequence they occur. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the Minutes M�INUTES* of the Regular Meeting of June 30 , 1980 , as amended. June 30 , 1980 Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the Minutes MINUTES* of the Regular Meeting of July 14 , 1980 , as amended. July 14 , 1980 Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to approve the Minutes MINUTES* of the Regular Meeting of July 28 , 1980 , as amended. July 28 , 1980 Motion, Ayes (5) - Nays (0) . Mr . Lee Tomlinson, Park Commission Chairman, reported PARK COMMISSION on the summer youth program, the need for a well at REPORT Bederwood Park, and the request of Arlene Hoppe, 1295 Arbor Street, to have a ball diamond located in the Crystal Bay area. City staff and the Park (Continued) . � . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 2 Commission will review the Agreement and the PARK COMMISSION availability of land at the Minnetonka Art Center (Continued) for recreational purposes and report back to the City Council in September, 1980 . No comments from the Lake Minnetonka Conservation LMCD REPORT District representative. No comments from the Planning Commission. PLANNING COMMISSION Alan Olson, City Planner, read into the record the COMPREHENSIVE PLAN reply received from Minnetonka Beach concerning Minnetonka Beach Orono ' s Co�nprehensive Plan, dated July 30 , 1980 , which states: "Thank you for the opportunity to review your Community Management Plan. Orono ' s goals and plans are compatible with those of Minnetonka Beach. We especially noted those sections of your plan which address urban areas and services, transportation and natural resources. We share, in particular , a recognition of the importance of Lake Minnetonka in any plans we make for our cities. We concur with your determination to measure issues such as highway improvements and housing density in terms of their ultimate effect on our fragile natural environment. , We join you in opposition to any widening of County Road 15. One of the goals we mention in our plan is to "make public transportation a viable alternative for daily travel through the Beach" . We support your intention to promote the improvement of mass transportation services for urban neighborhoods. We hope to continue the cooperative relationship _ currently existing between our cities which recognizes, as you mention in your plan, the interdependence between the independent, cities in our area. " End of letter No comments from the public present. PUBLIC COMMENTS Alan Olson, City Planner, entered into the record SUBDIVISION the request for a preliminary subdivision of 2715 Kelly Avenue William Mernik, 2715 Kelly Avenue , dated July 29 , #570 1980 , which states: William Mernik (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 3 " This proposed subdivision would divide the existing SUBDIVISION 3� acre parcel into two lots : Lot l , non-riparian, 2715 Kelly Aven l� acres, and Lot 2 , riparian, with existing house and (Continued) 2 acres. Access for Lot 2 would be by private ease- ment through Lot l . Access to both lots is over a privately maintained driveway in a City alley. There is a low ponding area near the west-center of the property with the dividing line running through it. Filling or alteration of this area would likely add to existing flooding problems in the Walters Port Area. Mr. Mernik does not intend to change this area at all and has been agreeable to providing a conservation easement to the City. The property is served with both sewer and water. The sewer project was not assessed on a unit basis. Two water units were assessed. Both utilities are on easements across the width of the property. Staff recommends preliminary plat approval for a two lot division meeting all lot area and lot width requirements, subject to the following conditions: 1. Only the lakeward lot (2) will be riparian 2 . The inland lot (1) will be non-riparian, and without dockage or lake access rights. 3 . The subdivider to provide a topographical survey of the drainage area, locating the culverts and � the extent of the existing pond, which area will then be shown on the plat as a dedicated "drainage easement" 4 . The subdivider to provide a survey to locate the existing sewer and water mains and will provide a dedicated "utility easement" on the plat 5. Creation of all private road and utility easements necessary to provide access from the public right-of- way to lakeward Lot 2 ' 6 . Creation of any private easements necessary to allow Lot 1 access to the existing sewer and water locations 7 . Subdivider or future owner to extend sewer and water stubs, including any main tap, if necessary, to Lot 1 at no cost to the City 8 . Dedication of "drainage and utility easements" along all property lines (except the lakeshore) and/or along the route of any existing gas, power or telephone service 9 . Granting of a "Flowage and Conservation Easement" to the City over the drainageway and ponding area. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 4 � 10 . Requirement that both lot accesses be posted SUBDIVISION at the corner of the City alley and Kelly 2715 Kelly Avenue Avenue to identify the driveway (Continued) Council Meeting - August 11, 1980 Mr. Mernik was present to discuss his application. Butler moved, Paurus seconded, to approve the preliminary subdivision request of William Mernik, 2715 Kelly Avenue , per the above 1-10 Planning Commission comments, subject to and including: 11. Verify ownership 12. Blacktopping driveway Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Hannah seconded, to table VARIANCE the request for a variance of Donald Nelson, 2705 Walters Port 2705 Walters Port Lane , per the applicants request. #572 Motion, Ayes (5) - Nays (0 ) . Donald Nelson Alan Olson, City Planner, entered into the record VARIANCE the request for a variance of Martin Rafferty, 475 Linden Avenue 475 Linden Avenue, dated July 29, 1980 , which states: #575 Martin Rafferty Applicant requests a lot area variance to construct a new house on property consisting of four platted lots. The property is surrounded on three sides by public right-of-way and on the north side by an occupied lot. Issuance of a lot area variance is consistent with approvals given for six other houses in the neighborhood. No actual plan is proposed, but ample area exists to develop a home plus an accessory building without any setback or hardcover variances. ^ Staff recommends approval of a lot area variance subject to no other variances considered, and legal combination of all four lots into one tax parcel. Council Meeting - August 11, 1980 Mr . Rafferty was present to discuss his application. Hannah moved, Butler seconded, to approve the variance request of Martin Rafferty, 475 Linden Avenue , subject to: l. No additional variances to be granted 2. Drainage not to be changed 3 . Legal combination of all four lots into one parcel Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 5 Alan Olson, City Planner, entered into the record VARIANCE the request for a variance of Brian Fulmer, 3507 3507 Wayzata Blvd. Wayzata Boulevard, dated July 31 , 1980 , which states: #577 Brian Fulmer This is an application for setback variances front and rear . The proposal is to construct a new house at the same location to replace the existing house . The prior house has been completely demolished. The new house conforms to all the setbacks of the prior house , but requires a 17 ft (34$) front yard variance and a 20 ft. (40$) rear yard variance from zoning district standards. The stated hardships include the unusual lot shape, the presence of wetlands on a majority of the ` property, and the location of existing utilities and other structures. There is a new conforming septic system in place. Staff recommends approval based on the above findings. Council Meeting - August 11, 1980 Mayor Van Nest moved, Butler seconded, to approve the variance request of Brian Fulmer, 3507 Wayzata Boulevard, per the above recommendations. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, entered into the record 'WALTERS PORT the following concerning Walters Port rip rap Rip Rap dated August 8 , 1980 , which states: Mr . Richard Crist has requested time to discuss again with the Council the rip rapping proposed for the Crist, Ellis and DeGregory properties. Previous Council action was to approve rip ra� on the condition that the 929 .4 waterline remain in the same horizontal location as the existing seawall. With a 3 :1 slope , this would cut into the lawns about 4-6 feet. Crist would like this reconsidered to allow instead widening of the lagoon with all rip rap cut into the lawns for a depth of 12-15 feet. The attached plans are those submitted in July, 1980 and rejected by staff as not being consistent with the Council ' s approval . The second sheet was returned to the applicant showing staff ' s interpretation of what had been approved. Parties notified of ineeting: Crist & Reese (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 6 Council Meeting - August 11, 1980 WALTERS PORT (Continued) Present were : Mr . & Mrs. Crist, 2699 Kelly Avenue; Mr . & Mrs. Reese , 2703 Walters Port Lane; Mrs. Ellis, 2701 Kelly Avenue; Rudy Hartmann, 2709 Walters Port Lane . Mr . Crist discussed redesign of the rip rap commenting that he felt the existing channel and lagoon should not be crowded with a rip rap wall that would limit lagoon navigation. Mr. Crist read the Minnehaha Creek Watershed District minutes approving his application noting that safety conditions would be improved with proper rip rapping. Mayor Van Nest: Mr . Crist, have you investigated a 2-1 versus a 3-1 slope? City concerns are the enlargement of the present lagoon. Mr. Crist: I feel a 3-1 slope is more acceptable. Mr, Hartmann, 2709 Walters Port Lane , submitted a scale model of the present lagoon noting that it is 7. 8 feet to hard clay in the lagoon. Silt is approximately two and one-half feet deep and the present soils will not support the weight of a wall as recommended by Mr. Crist. I recommend the vertical wall be rebuilt, but I do not recommend rebuilding the ent 'ire pond and creating new lakeshore . ' Mr. Reese , 2703 ?�lalters Port Lane : Present slips are 10-12 feet in width. I have a 28 foot cruiser and I can turn my boat around. Mr. DeGregory and Mr. Ellis are suirrg the association for dock locations. Mayor Van Nest: The lagoon construction originally was not well thought out. Protective covenant rights have not been clarified. The Watershed District was wrong in allowing dredging that would move the existing waterline. This is not the intent of the City. Mr. Reese : The association was not aware of the first rip rapping construction. Mayor Van Nest: Would you object to extending the east Wall? Mr. Reese : No, I would not. Mayor Van Nest: The City Council has heard arguments on this issue for years now. It is obvious that the association and individuals cannot agree on anything. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 7 . The City has not received minutes of the association ' s WALTERS PORT meetings and all the City Council hears is that none of (Continued) you agree and you want us to do it for you. The City Council is not sure who the legal body is that we should deal with. The record is clear , the City is not in favor of enlarging the existing pond, lagoon, or channel, nor are we in favor of extending the present waterline, which in fact, does enlarge the existing facility. Maintenance is one thing, enlarging is another. Now, let ' s get our facts straight and not continue to disagree with decisions being made. The City wants an approved plan that encourages individual and association cooperation and not allow the use of the lagoon to become environmentally unsound. Let ' s all work together and resolve this issue now. Mayor Van Nest: I believe that now is the time for all of us to agree on a plan. I would like to submit to you the following motion: 1 . Extend east wall to the north from the existing aluminum wall to the north end of the rip rap. East wall to match existing aluminum east wall. 2. Extend west wall north from the end of the existing wall to the north end of the rip rap in the same materials as are now in place. , 3. North end of lagoon to be rip rap. No rip rap along east or west wall. All rip rap to be Class A rock placed to allow 929 . 4 waterline to move north not more than 4 ' 6" north of existing seawall location. Al1 restoration to conform to existing property. 4 . Amended plan, exhibit, and agreement to be signed by a majority of the members of the association, . by Mr. Crist, Mr. Ellis, and Mr DeGregory before approval of a modified plan, and a permit is issued. The City of Orono will be held harmless and the indemnification agreement will be continued. Paurus seconded motion. Discussion followed. , Mayor Van Nest asked each Walters Port resident present if they would agree to this matter: Mr. Reese - Yes Mr. Hartmann - Yes Mr. Cr i st - Ye s Mrs. Ellis - Yes Motion, carried, Ayes (5) - Nays (0) . REVULAR MEETING OF THE ORONO COUNCIL, AUGUST 11 , 1980 Page 8 Alan Olsor., City Planner, entered into the record REFUND ESCROW* the reguest of Graydon McCulley for the release Graydon McCulley of escrow funds dated August 8 , 1980 , which states : All private road improvements are completed . I recommend release of the remaining performance bond and escrow funds as follows: ' Release deposit: $5, 000 certified check Refund escrow: original amount $500 , receipt 8345 October 18 , 1979 less charges : $300 - 4 road signs @ $75 each $ 27 . 50 engineering fee $ 28 . 50 legal fee $100 . 00 4 staff insp. $�5�each ($456 . 00) Total refund - $44 . 00 Council Meeting - August 11 , 1980 Butler moved, Hurr seconded, to refund the escrow amount of $44 . 00 to Graydon McCulley, per the above memo. Motion, Ayes (5) - Nays (0 ) . Alan Olson, City Planner, reviewed with the City 201 FACILITIES PLAN Council Orono ' s response to the Metropolitan LETTER Waste Control Commission ' s 201 Facilities Plan. Hurr moved, Butler seconded, to approve the letter concerning the 201 Facilities Plan. Motion, Ayes (5) - Nays (0 ) . Letter - Pages 9 & 10 , It was reported by Councilmember Butler that she UNBUILDA BLE LOT had been informed by several people in the neighborhood 2697 Casco Point Rd that a home on a lot with an adjacent vacant lot next ' door , both of which were owned in common ownership by the same owner , was about to be sold in two parts: the house on one lot to one buyer and the vacant lot attached thereto as a separate lot. Councilmember Butler expressed the fear that the seller may not be aware of the zoning code requirement that two substandard lots together cannot be sold separately, but must be sold together as one unit, and that the vacant lot by itself in such a situation is not buildable since it is part of the lot with the home on it. The City Attorney suggested that the City Council direct the staff to inform the present property owner and the realtor of the provisions of the zoning code so that every interested party will be sure to know of those provisions of the zoning code . (Continued, Page 8A) _ R�GULAR MEETING OF THE ORONO COUNCIL, AUGUST 11 , 1980 Page 8A Paurus moved, Butler seconded, to declare the lot UNBUILDABLE LOT located at 2697 Casco Point Road unbuildable based 2697 Casco Point Rd. upon the information submitted by Councilmember (Continued) Butler . Motion, Ayes (5) - Nays (0) . Telephone 473-7357 Page 9 ;��` . .,-��_�Yy � CITY of �RONO _ _�. _�.� t � ='�;'�;�l � Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices . � .,,� -. ' . :_,,;.' =�i :• �,;�;-_. On the North Shore of Lake Minnetonka F, ,, . �o _ e � � - ,= + 1 Mr. John D. Tomaselli 201 Facilities Program Manager , Metropolitan Waste Control Commission , 350 Metro Square Building Seventh & Roberts Streets Saint Paul, Minnesota 55101 Re: Official Comments for the record August 14 , 1980 Public Hearing 201 Wastewater Management & Facilities Plan Regarding the Maple Plain Treatment Plant Dear Mr. Tomaselli, Ladies and Gentlemen on the Commission: This letter is the official statement and comment of the City of Orono pertaining to the Southwest Facilities Planning Study, ,Volume VII of the 201 Summary Report Series , dated June, 1980. Please enter this letter_.�nd attachments into the official record of- the-�- - Public Hearing held August 14 , 1980. -- The City of Orono is affected by those sections of the Summary Report concerning alternatives for the Maple Plain Sewage Treatment Plant. On April 3, 1980 and April 14 , 1980, Chief Administrator Richard Dougherty recommended to the Metropolitan Waste Control Commission tHat the Preferred Plan be amended to defer a final decision: on the Maple Plain Treatment Plant until after 1985-86. This position was supported by the City of Orono at the Hearing held April 15, 1980 at which meeting the recommendations of Mr. Dougherty were adopted by the Commission. _ , Our understanding of the modified Preferred Plan that was adopted by the Commission was that phosphorus removal equipr►ent and filters would be installed at the Maple Plain Sewage Treatment Plarit as a Priority A item during the 1981 construction season. Further, we understand that Mr. Dougherty' s recommendations as adopted by the Commission, was that an I & I Study should be conducted on the Maple Plain sewage collection system and that Maple Plain should make the necessary corrections to eliminate the excessive infiltration and inflow at the earliest possible date. We further understood that the plant operation would again be reviewed in 1985-86 as part of the Priority B items of the 201 Facilities Plan to determine what further action would be necessary in regard to the Maple Plain sewage treatment plant. August 14 , 1980 Page 10 Mr. John D. Tomaselli Metropolitan Waste Control Commission Page 2 Upon review of the June, 1980, 201 Summary Report, we find no mention of I & I correction in r4aple Plain and no cost analysis for installation of phosphorus removal eq�ipment and subsequent operation of the_ Maple Plain plant at the existing capacity level. Therefore, it appears as if the 201 Summary Report is not consistent with the April 15 , 1980 actions of the riWCC, nor does it adequately review all monetary alternatives or non-monetary effects of proposed interceptor extension to Maple Plain. If the 201 Summary Report is to be consistent with the April 15, 1980 actions of the MWCC, the City of Orono recommends inclusion of the following paragraph in place of the one appearing at the top of Page 37 of Volume VII, 201 Summary Report, dated June, 1980 : Based upon consideration of all monetary and non-monetary factors pertaining to the Maple Plain sewage treatment plant , the following recommendations are made : 1. That phosphorus removal equipment and additional filters be added to the Maple Plain sewage treatment plant during the 1981 construction season . 2 . That an infiltration and inflow study of the Maple Plain sewer system be implemented immediately to determine and correct the cause of excess water flow. 3. That the Maple Plain sewage treatment plant be monitored until after 1985-86 when the recommendations of this re�o�t will again be reviewed to determine which of �he three recommended alternatives or other alternative should be implemented. The City of Orono fully understands that one of the options to be considered after 1985-86 may well be an interceptor. We submit, however, that all of the facts and alt�rnatives have not yet been investigated, and that based upon the current knowledge the above recommendation would be the best course of action. We further believe that these recommendations are consistent with the recommendations of Mr. Dougherty and with the actions taken by the Metropolitan Waste Control Commission at their meeting of April 15, 1980. Thank you for your cooperation in this matter. Yours truly, CITY OF RONO ✓��/ , - �/� (/ ��-i(. William B. Van Nest Mayor WBVN:]�h Encs. cc: Mr. Salisbury Adams, Chairman Mr. Richard Dougherty, Chief Administrator REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 11 Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1172 Resolution #1172 , A Resolution To Amend The 1980 Sewer & Water Rates Fee Schedule. Motion, Ayes (5) - Nays (0) . Steve Quincey, City Engineer, reviewed the letter MC CULLEY ROAD of Bruce Malkerson, City Attorney, to Buffalo Buffalo Bituminous Bituminous, Inc. dated July 29, 1980 . Letter - Pages 12 & 13 Steve Quincey, City Engineer, reviewed the letter from Walter S. Johnson, Attorney for Buffalo Bituminous, Inc. , to Bruce Malkerson, City Attorney, dated August l, 1980 . Letter - Pages 14 & 15 Mayor Van Nest moved, Butler seconded, to approve PAYMENT #7 Payment #7 to Buffalo Bituminous, Inc. in the Buffalo Bituminous amount of $57,694 .49. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to table LIQUIDATED DAMAGES until the next Council meeting the liquidated Buffalo Bituminous damages item, Buffalo Bituminous, Inc. , McCulley Road. Motion, Ayes (5) - Nays (0) . , Steve Quincey, City Engineer, reviewed with the INDUSTRIAL AREA City Council his letter regarding the Orono WATER SYSTEM School water supply dated July 28 , 1980 . Letter - Pages 16-18 Mayor Van Nest moved, Butler seconded, to notify Orono residents served by the City of Long Lake water supply system that a public information meeting will be held to discuss the City Engineer ' s preliminary feasibility report. Motion, Ayes (5) - Nays (0) . Page 12 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. �3 4 4 1 D S C E N T E R MINNEAPOLIS, MN 55402 WAVNE G. POPHAM JAMES R.STEI�EN - RP.YMOND A.MAIK JAMES B. LOCKNART TELEPhiONE AND TELECOPIER ROGER W. SCHNOBRICM GARr E. PAPISN. 6i2-335-933� DENVER KAU�MAN NLLEN W. MINDERAKER DAviD S. DOTv C�iFFORD M. GREE�IE i70BEF7T A.MINISH D. W�LLIAM KAUFMAN ROL�E A.WOF�EN DESYL L. PETERSON DENVER OFFICE G. MARC wN�TEh�EAD MICMAEL O.�REEMAN 2660 ENERG• CENTER ONE BRUCE D. WILLIS LARRv D. ESPEL DENVER, COLORADO 80202 FREDEf�iGK S. RICHARDS OAVID A.JONES 303-b25-2660 RONALD C. ELMOU�ST 5/LLY A.JOHNSON G. ROBEFT JONNSON LESL�E GILLETTE GARV R. MACOMBER MICHAEL T. NILAN � � ROBERT S. BURK - ROBERT�E.MAMEL. FREDERICK C. BROWN O� COUNSEL BRUCE D. MALKERSON Do.LE C. NATHAN . �o*.o«mco 10«�..r.csou e.a July 29, 1980 Walter Johnson, Esq. 116 North Central Avenue Buffalo, M21 55313 Re: Buffalo Bituminous, Inc. City of Orono Our File Number 3643-066 , Dear Walter: It is my understanding that the City Council will be con- sidering the final request for payment on the above contract at its City Council meeting of August 11, 1980. As you know, the C�ty is retaining approximately $42, 000 . 00 in liquidated ' damages because of the contractor ' s failure to complete the project in a timely manner. I anticipate that at the August 11, 1980 Council meeting, the City Council will decide, based upon recommendations by City Staff, how it wishes to deal with the final payment. If you wish to submit any arguments ahead of time in writing, whether they be legal, factual or equitable, as to why the City should not continue to withhold the $42, 000. 00 in liquidated damages, please submit such arguments to me by August 6, 1980. It is my present recommendation to the City Council that based upon the facts and the law, the City has the right to retain as liquidated damages the $42, 000. 00. In the spirit of cooperation I am offering you and your client this opportunity to persuade the City Staff and the City Council to take a different course of action. " Page 13 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Walter Johnson, Esq. July 29 , 1980 Page 2 - If you have any questions, please call me. Very truly yours, Bruce D. Malkerson BDi�I/ch cc - Mr. Walter Benson � - _ , JOTiAlSON, �OHtiSON At�D DOUGLAS Page 14 Al1URt�CYS AT LAW 1lG '�urt}i G�ntral A�cnue �1'zlt�r�.Tohn�on Ruffalu, 1linncsota 5�313 TcicThone F:im Ii..)uhn�n (Gl2) (�82-]3-�3 Eruce R. Uuu�lu+ Alctro 47i-2103 August 1, 1980 Popnam, Halk, Schnobrich, Kaufrran & Doty, Ltd. 434� IDS Center. 2`,inneapolis, r`innesota 554�2 City of Grono P. 0. Box 66 C;ystal Bay, 2�`innesota 55323 Gentlemen: Buffalo Bi'��rinous respectfully allege�- l. ihat the City of Orono delayed in mak�ng its award of contract and notice to proceed. 1^his delay was of a i'��a weeks. Eitiher inadvertently or through risunders;�nding, the City of Orono did not indicate that such Celay would also ea�end peri'orrrance time. B�ffalo Bituminaus feels this was imnlied and understood that performance t�r,�e would be ��ended. A consequence of delay in ataard and notice to proceed �as� that the entiire,se.�uence of perfor- mance was delayed, including mobilizing, beginning and so on. rlir�her, this delay resulted in late inforrration to Elk niver Concrete to proceed with culverts. Also, this probably caused the engineer to delay in rraldng final specification corrections as to culverts. 2. As a consequence of the foregoing, �Lk River Concrete was late in delivery of culverts as specified and the whole job was irrmeded considerably. 3, During various portions oi' the sur�ner, particularly at grading ti�ne, there was unusually wet wea�her so that grading had to cease for several days. 1�. The i:iruiesota custom as expressed in I�,innesota S��.ate Higrr�aay Department Specifications is that no "2361 wearing course mix" shall be laid after September 15, unless there is 2 specific order from the engineer. Obviously, this work could not be done in the winter or spr� weather an3 everything had to wait until spring of 1980. In passing, it is also the t`.innesota custom and practice not to count such ti�leather delay tirr�e as penalty day time. Other work �cept layi.ng 2361 wearing course mix, did proceed. 5. On November 1, all work autorn3tically cuts ofi' (in addition to the earlier cut-off for 2361 wearing course mi�c) unless there is a specific direction from the engineer to proceed. This is both custom in 1`�nnesota Highway Specificatio Page 15 �UL':)c!T1� t:?11:� ,�..Ci�!�OD?'1C}l� ?�;aufrnan E� Dot,y, Ltd. Cit,y of OrDno �u�ust 1 , 1980 F�ge Tlao and common sense as obviously, such work�cannot proceed through the winter, nor did the engineer direct that work should proceed through the winter. In addit,ion, the City oS Orono and the City �ineer recobnized this and requested Buf�'alo Bituminous to do any necessary winter r�ainienance, which was done. 6. The City caused right-of-way problems in not having some easer�ents ready ti,hen necessary. Ar�ong other things, in the sp'ring of 1980 some of the ease::�eni,s were not ready ar�i Buffalo Bituminous had to pull off the job until they were procured. �gain, obviously they could not have wor'r.ed on �.hese items during the v:inter for the above reasons, plus lack of easenent reasons. 7. The City of Orono suffered no loss o#' use. The project, with adequate suriace, was ava�lable for use by the City of Orono and was used by the City of Orono i'or the en�ire winter of 1979 and 1980. 8. �tra items had been ordered by the City, which not only delayed ultirrat,e corrroletion, but the City has given no consideration to these of either.- time and corrr�ensa�ion. The above is a partial list of the reasons Buffalo Bituminous feels the City of Orono is not en�itled to penalties in the above rratter. A detailed exar,iination of all of the facts, particularly as depositions, may be t.aken later and will disclose more of the details. I remain - � Very truly yours, JOHNSON', JOHN & DOUGLAS .� -- . �; , � , • � / // ��'L'� �� c . � _ Walter �Johrison // jaSJ�ps cc: Glenn Cook, City �gineer Page 16 �04� '♦�P.It� T`(FLC1�� u T(��L�O�� J c��R. c�,��,.r.c. � Krf�h A. Gnrdon. P.f. / / K� Orm G. Boncir.00,P.E. Tho�,ai E. Nnyri. P.E. /) �f p Robn� N'. Rmrnr.P.E. Richard 14'. fu�irr. P.E. G L loisFh C.Andnllk.P.E. Robn�G.Sc6u�i�6�. P.[. Lradlord A. LamLrra.P.E. Man'in L.Sunula. P.F. �3,?,�j � '�.,,,,��.�..•ny.36 Fobrrf D.Frldaurd.P.E. Danald C. Au�lo�d!• P•E. .......�55>f9 Rlr6a,d E. Turner.P.E. lriry A. Dnurdon cSl. pa..l /� lamtT C.Ol�on. P.E. Mnrk A.I1an�on /�� 6f3-636-4600 s��.��M. o��.y . Xcvin X. u'ol)�a.P.E. CLa.fri A. Erl�k�on July 28, 1980 uo�r. ra»�r,ky Ha.lnn M. Ol�un Dar7d E. Obon Mr. Richard Benson City of Orono B.ox 66 Crystal Bay, Minnesota 55323 � � Re: Orono School - k'ater Supply Our File �t13906 Dear Dick: The water supply in the Orono school, Long Lake area is marginal and the City of 1,ong Lake has prepared a preliminary engineering report for upgrading the sys- tem. The City of Long Lake has notified the City of Orono that water supply will be terminated in �981in the event a new joint powers agreement is not developed. The water supply system is presently adequate for domestic use but only mini- mal fire protection is available. There are water pressure problems in the system during the periods of high domestic use but these are �minimal and it would appear, could be solved by controlling sprinkling during high peak water use periods. The major problem is providing an adequate water system for fire protection in the area. The City of Long Lake preliminary engineering report provides for a water system which would jointly serve the Orono school area and the City of Long Lake. The upgrading of t�e Long Lake system by construction of a new elevated tank and additional strengthening of the Long Lake distribution system is estimated to cost $424,300.00. The improvements would result in a rate in- crease of $.60/1000 gallons based on eight percent interest and a twenty year repayment period. The City of Orono is presently reviewing a water rate in- crease to $0.71/1000 gallons and with the new improvements ttlis water rate would be $1.31/1000 gallons. The development of an independent water system in the City of Orono to ade- quately provide for normal domestic use and fire protection would require con- struction of an elevated water reservoir well and pumphouse. The estimated cost of our independent water system in the City of Orono is $455,400 which would result in a water rate of $4.03/1000 gallons plus no�al operation and main- • tenance costs. Page 1. Page 17 City of Ornno - Mr. Richard Benson July 28, 1980 Our File �13906 Page T�ao The development of an independent watei sys'tem in the Cit� of Orono to ade- quately provide normal domestic use with minimal fire protection can be pro- vided by construction of a well, pumphouse pressure tank and the existing interconnect to the Long Lake system. The estimated cost of this water sys- tem is $189,750 which would result in a water rate of $1.68/1000 gallons plus normal operation and maintenance costs. ' The City of Orono could also develdp a plan to abandon the public water supply in the area and allow the users a reasonable time period to establish private systems. The development of a joint powers agreement between the cities of Long Lake and Orono and joint improvements to the water system appears to be the most feasible method of solving the water supply problem. The method of financing the improvement has not as yet been developed by the City of Long Lake. The most desirable method of financing the City of Orono' s share of the project cost would be water revenues or a special tax district. If you have any questions, please contact this office. Very truly yours, _ , BOrTESTR00, ROSENE, AI��ERLIK � ASSOCIATES, INC. �,��.�t�.r�- ��-+-�_ Glenn R. Cook GRC/jo cc: John Gerhardson Page 18 APPENDIX 1. ORONO WATER SYSTEM - domestic use w/adequate fire protection 225,000 Gallon water resevoir $250,000 . _ Well and pumphouse 110,000 Contingencies 36,000 Legal Engineering & Admin. 59,400 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $455,400 , Estimated Cost/1000 Gallons - Use 11,SQ0,000 Gal. 20 year repayment; 8% interest $46,400/year or $4.03/1000 Gal. 2. Orono k'ater System - domestic use w/minimal fire protection Well, pumphouse, 5000 Gal. pressure tank $150,000 Contingencies 15,000 Legal Engineering & Admin. 24,750 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . $189,750 Estimated Cost/1000 Gallons - use 11,500,000 Gal. 20 year repayroent; 8� interest $19,300.00/year or $1.68/1000 Gal. , REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 19 Steve Quincey, City Engineer , reviewed with the LS-1980-1 & 2 City Council the tabulation of bids received . Bids August 5, 1980 and submitted to the City Council Summary of Bids - Pages 20-22 , John Gerhardson, Public Works Coordinator, prepared the following memo dated August 8 , • 1980 , which states: Construction, legal, engineering, easement, and administrative cost, Minnetonka Bluffs, West Ferndale, Orono Lane , Shoreline Drive and North Shore Drive sewer project: Construction Costs $865,610 . 99 (Orfei & Sons-2nd low bid) Engineering Costs 112 ,010 .07 Easement Costs 7, 699 .20 Legal Costs 2 ,000 .00 Administrative Costs 7,040 .00 $994 ,360 . 26 $994 , 360 . 26 Projected future costs to complete project Legal $ 2, 000 .00 Administrative 7, 040 .00 Easements 20 ,000 .00 Easement Contingency 50 , 000 .00 , Easement Engineering 5, 000 .00 Construction Contingency 50 ,000 .00 Bonding 10 , 000 .00 $144 ,040 .00 $144 ,040 .00 GRAND TOTAL $1, 138 , 400 .26 Mr. Quancey stated that Encon Utilities has submitted a letter requesting the City Council to allow them to withdraw their bid on the project. Encon Letter, August 7, 1980 - Page 23 Mr . Quincey stated that the City� to date, has spent approximately $26 , 000 on the pro�ect and it would appear reasonable to proceed to the assessment hearing with the plan to rebid the project in three parts in an attempt to receive better unit prices. Mayor Van Nest: The City Council has not had time to review in detail all of the material to make a decision on this matter. I would like to arrange another meeting for this review. (Continued, Page 24) ' Page 20 �OIL�ia�� ItGd.LiLL� TI14C�JiKR � ��i JKC �.�`"" R. c��k r r � A.rh A. Gmdnw P E. Orro G. Bonrinoo, l.E. Th�,Inas E. .\'n��tt P.E. /1 [� p Robarr W. Rouna,r.E. H��Amd H' Fm�� /.£. (� v Jouph C. Anderhk. I[. N•�hnr G. Sihrn�.hr /.E. Z33S ?d. 9....�.1� .�6 B.adla.d A. Lrn�be.a r.E Na.��n L Sonald P.E. 'A�"'! Ro6err D. Fn;m.d l£. l�..n�td C. Pu.farJ� r.E. �. n�..�, M.+wr�:o �SSII.� Rithard E. Tu�nti. l/ J.�.v A. B�urdae lamrr(�. Obon. /£ N...i. A. Hunson /��....� 612-636-k600 ��.�rn A/. Ownir. A�•�n A�. H�✓!Aa i E. !/i�.lrr A EnrA. � August 5 , i980 ,�., �, P�»�,,�, H�.lan .N. Oltnn Clty �f �2'�Il� I)a�id E. OLon Box 66 Crystal Bay, Mn. 55323 Attn: Mr. Richard Benson ` - Re: Fi le iJo 139�3 Minnetonka Bluff s, etc. 1980 Sanitary Sewer Improvement Dear Dick, Bids were received on the Minnetonka Bluffs, Ferndale Road, Oro-:o Lane, C� . Rd. 15 and North S'!'iore Drive Project on 11�esday, August 5, 198C. Tti:e fclle•a- ing is a �1!r.�ary of tne low bid received, the 2nd bid receive� a^� t�e ore'_i�- inary reocrt esti:n�te: Prelimi:�ary Report Low Bid 2�� P;d I. Minnetonka Bluffs $133,000.00 $200,192.50 ' $240,6;'? .71 IZ. Ferndale Road 14u,300.00 244 ,965.00 271,4�8 .45 III. Orono Lane 57 ,580.00 77 ,225.00 92,265.09 Tl^unk Sewer 76,400.00 ..52 ,900.00 u9 ,796.05 IV. County Road 15 40,000.00 43,881.50 46 ,790.74 V. North S'hore Drive 120,000.00 117 ,327.50 163 ,900.94 > TOTAL . . . . . . . . . . . . . $571,280.00 $736,491.50 $505,610.99 The low bidder did not^have a bid on the grinder pump station �1 which was a part of the North Shore Drive project. The loW bidder has also requested that he be released from his bid obligation because he alle�edly eiade a �95 ,000 error in preparing his bid. The low bid contractor has indicated tha� he would forfeit his bid bond of 5 percent before he would accept the project as bid. The bids received on the project are hiRh relative to the preliTi�ary report estimate. �e contractors obviously feel that the project is �c�: more diffi- cult than we anticipated at the time the preliminary report Was prepareu. We have discussed the pro,ject r+ith several contractors since the bids xere re- ceived and they indicated that the tight Working conditions an� r:sk invo.ved in the project because of the close proximity to the lake are What resulted in Page 1. 21a � Page 2•1 the high prices. The contractors felt that the prices may come down sliqhtly if the pro�ect Were Lo be opened up and rebid, but that Work delayed until next construction season will be affected by a ten percent labor increase. For purposes of determining the assessments we have taken total construction cost and added 20 percent for le gal, engineering and administration charges. Fasement acquisition costs have not been included in the totals as i.^.dicated. The following is a su�ary of the anticipated unit costs for each area based on the low bid, 2nd bid and the preliminary report estimate: ASSESSMENT RATES Prelim. Hearing LoW Bid 2nd BID I. Minnetonka Bluffs $ 8,400.00 $10,031.00 $11,764.00 II. Ferndale Road 12,100.00 16 ,505.(�0 18 ,209.00 III. Orono Lane 10,100.00 10,401.00 12, 139.00 IV. County Road 15 9 ,880.00 7,523.00 8 ,021.00 V. North Shore Drive 12,000.00 11,733.00� 16 ,390.00 * Bid did not include Grinder Pump Station. Could add $2,000.00/unit. There appears to be three primary options open to the City at this time based on the substantial change in unit assessments which would result if the proj- ect were to be awarded to the lowest responsible bidder: 1. Re ject all bids and cancel the project. 2. Proceed to the assessment hearing with the plan to award the D!"OIeC'. to the lowest responsible bidder 3. Proceed to the assessment hearing with the plan to rebid the project in three parts in an atte�t to receive better unit prices. - , TY�e third option would allow the project to proceed through the assessment hearing without delay. The City Kould authorize the pro ject to be rebid on September 5, 1980 with the assessment hearing on September 8, 1980 as sched- ule d. If the project is to be separated it is recommended that it be separated into the following sections for rebidding: Project I Minnetonka Bluffs and County Road 15 , Project II Ferndale Road and Oroqo Lane, and Project III North Shore Drive. 'IYie City would then have additional fleacibility in making project award in the event certain areas of the project do not want to proceed wi,th sanitary sewer at this time due to the higher assessment rates. We would recommend that the City p roceed with option tWo or three. Zf you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK � ASSOCIATFS, INC. ��iv�--v �C�le-� Glenn R. Cook GRC:li c c: Jo hn Ge rhard son - Br uc e Na lk er son 2 la Page 22 OUR FILE N0. 13903 MINNETONKA BLUFFS, FERNDA LE ROAD ETC. SANITARY SEWER IMPROVEMENTS PROJECT N0. 13903 FOR - OROPIA, MINNESOTA ' � BID TIME: 10:00 A,M. . C.D.S.T. , BID I�ATE: T�esday, Aug. S, 1980 CONTRACTORS TOTAL BASE BID *2500 1. Nodland Aasociates, Inc. �� ' ��4 r�� n **�� 2. Richard Knutson, Inc. 3. I,ametti & Sona, Inc. 4. Barbarossa � Sons, Inc. *2 , 000 (4) 967 , 553 . 50 ,.+, Tnnn S. North Central Underground, Inc. 6. C. S. McCroasan, Inc. 7. Hardrives, Inc. 8. Brown & Cris, Inc. , 9. Nor2hern Contracting (7) 1 , 284 , 759. 75 *1 , 000 **4 , 000 10. F�con Utilities, Inc. �l) 722 . 461. 50 *1 , 500 **4 , 500 ��1.�_Orvedahl Construction 12. Orfei � Sone, Inc. . , ( 2) 864 . 840. 99 No Alt Bid 13. Progreaeive Contractors, Inc. (51 987 . 123 . 75 � *1 , 200 **6 , 500 14. Bury & Carlson, Inc. - 15. Technical Factors, Inc. 16. �uffalo Bituminous 17. Allstar Electric Co. _ � 18. G. L. Contracting Co. (� g92 , 027 25 **2000 19. Northdale Construction Co. 20. Alexander Construction Co. ENGINEER'S ESTIMATE--------------------- $660,000 * Deduct - From Hydromatic to Meyer Grinder Pump ** Deduct - From Flyght . to Hydromatic Lift Station _-_ �--=-=-- --=----=—- ----T--�- .� v � � P age 2 3 � ---_-_--J—_��.��. ^="•% ��l� � ,, . �-(' . � ` ►- -rG . (� `' `l �� f ' _�� `� � ` _; `�: ! � � ! � t, .._�l _ ��- ---------- _---;.` __��__=_�- f U� _ - - -------- � ,�.4� - _--��--_�—�..._��.--�-_--=�s �,1�, �� ,ti� i CE-��r't f:CIAL c. I��DUSTRIAL ��,� � ' U�:� f ::CR:�Ur:� IiTILI7IES � I ' August 7, 1980 ! ' �ir. Bruce h1a1 kerson • ; � Cit Attorne - Orono, ?linnesota ' i °;P pham, Haik, Schnobrick, Kaufman & Doty, Ltd. i � 4344 IDS Center ' Minneapolis, ��innesota 55402 ' � � Re: Bid on Project �13903 - August 5, 1980 � �, City of Orono, Hinnesota i I Dear P•1r. i-1a1 kerson: � i On August 5, 1980, �•�e ��rere low bidder on the above project ��ith � � a bid of �722,461 .50. In our examination of our aiork papers on this � bid, we found errors in our extensions that resulted in our bid being , , adjusted by $95,000.00 or a new figure of S817,461 .50. Our er�ployee, ', (�Ir. Qud Rode, has gone over these adjust��ents with Mr. Glenn Cook, of __ i Bonestroo, Rosene, Anderlik & Associates, Inc. , and it is ��1r. Cook's , opinion that an honest mistal:e had been rade on our original bid. Due i to these errors, we would like to withdravr our bid on this project at I this date. Ile have advised the City of Orono through �1r. Cook of our I intention to withdraw our bid. I Y�e would appreciate being inforned of any Council meetings or � informal hear�ngs concerning this iter� so we can properly be represented. I Thank you for your help in this matter. - Cordially, � EPJC , I� . K. E. Enri , President KEE/tah cc: City of Orono Mr. Richard Kavaney, Attorney at Law Mr. Glenn Cook, Bonestroo & Associates 1530 E. CLIFf I:oAD • ��_��,��-��'i� � � • �'�',iNNESUTA 55337 • (612) 89a-3200 � � . _ � . . : _ . . - _ �.. . - . . - - � . .;_ : • - .- .-- .:,__.-__ c_`- - �. --.. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 24 ' Paurus moved, Mayor Van Nest seconded, to authorize LS-1980-1 & 2 the City Engineer to place an advertisement designating Continued) the project in three segments, plans and specifications to be reviewed at a public information meeting with the affected property owners Wednesday, August Z0 , 1980 at 7 : 30 P.M. Discussion followed - Paurus motion withdrawn Paurus moved, Mayor Van Nest seconded, to request staff to develop data including: l. Timetable to rebid the project 2 . Developing project into segments 3 . Assessment roll 4 . Recommendation when to hold public information meeting with affected property owners 5. Legal opinion on holding present bids and readvertising project All information to be reviewed by the City Council Thursday evening, August 14 , 1980 at 7 :30 P.M. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1173 #1173 , A Resolution Determining That Sanitary Sewer Keene Avenue Service Will Be Provided To Vacant Property Located Lots 6 , 7, 8-Block 16 On Keene Avenue Known As Lots 6 , 7, And 8 , Block 16 , � 'Minnetonka Bluffs. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1174 #1174 , A Resolution Determining That Sanitary Sewer 1230 Dickenson Stree Service Will Be Provided To The Property At 1230 Dickenson Street. Motion, Ayes (5) - Nays (0) . ` � Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1175 #1175, A Resolution Determining That One Sanitary 1255 Dickenson Stree Sewer Service Stub Will Be Provided To The Property At 1255 Dickenson Street To Serve Only The Main House. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1176 #1176 , A Resolution Determining That Sanitary Sewer 480 Russell Avenue Will Not Be Provided To The Property At 480 Russell Avenue. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1177 #1177; A Resolution Determining That Sanitary Sewer 480 Orono Orchard Rd Service Will Not Be Provided To The Property At 480 Orono Orchard Road. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 25 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1178 #1178 , A Resolution Determining That One Sanitary 1385 Fox Street Sewer Service Will Be Provided For The Property Located At 1385 Fox Street, And Determining Standards For Any Future Subdivision Of The Property. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1179 #1179 , A Resolution Determining That Property 1410 Shoreline Drive Located At 1410 Shoreline Drive Will Be Excluded From The 80-1 Sewer Project. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1180 #1180 , A Resolution Determining That Sanitary Sewer 1420 Shoreline Drive Will Not Be Provided To The Property At 1420 Shoreline Drive. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1181 #1181, A Resolution Determining That Sanitary Sewer Lot 6 , West Ferndale Service Will Be Provided To Vacant Property Located North Shore Cottage On West Ferndale Road Known As Portions Of Lot 6 , Acres North Shore Cottage Acres Lake Minnetonka. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resoluti.on RESOLUTION #1182 #1182 , A Resolution Determining That The Prope�.ty W�st Ferndale Road & Located To The East Of The Intersection Of County County Road #15 Road 15 And West Ferndale Road Will Not Be Provided Lot l, North Shore With Sanitary Sewer As Part Of The 80-1 Sewer Project. Cottage Acres Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1183 _ #1183 , A Resolution Determining That The Vacant Lot #02-117-23 33 0006 Located At The Western End Of Orono Lane Will Be Orono Lane Provided With Sanitary Sewer . Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1184 #1184, A Resolution Determininng That The Property 2655 North Shore Dr. Located At 2655 North Shore Drive Will Be Provided With A Single Sewer Service To Serve The Main House And The Non-Rentable Detached Studio. Motion, Ayes (5) - Nays (0) . � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 26 James and Mary Rivers were present to discuss their WINDWARD MARINE proposed resolution commenting on their desires to 1444 Shoreline Drive have a sewer service lead to their Smith Bay property. Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1185 #1185, A Resolution Determining That Property Occupied 1444 Shoreline Drive By Windward Marine At 1444 Shoreline Drive Shall Be Assessed Two Sewer Units As Part Of Sewer Project 80-1, as amended. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1186 #1186 , A Resolution Determining That Property Occupied 1449 Shoreline Drive By Minnetonka Boat Works At 1449 Shoreline Drive Shall Be Assessed Three Sewer Uni�s As Part Of Sewer Project 80-1. Motion, Ayes (5) - Nays (0) . Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1187 #1187, A Resolution Declaring Cost To Be Assessed Ordering Assessments And Ordering Preparation Of Proposed Assessment LS-1980-1 & 2 For Sewer Projects LS-1980-1 And LS-1980-2. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1188 #1188 , A Resolution Calling For A Public Hearing Assessment Hearing On The Proposed Assessment For Sewer Projects LS-1980-1 & 2 LS-1980-1 And LS-1980-2. Motion, Ayes (5) - Nays (0) . , _ , Mayor Van Nest presented the City Council with a JUVENILE JUSTICE letter from Hennepin County Commissioner Sarn S. CENTER Sivanich, concerning the Hennepin County Juvenile Justice Center, dated July 29, 1980 . Letter - Pages 27 & 28 Mayor Van Nest presented the City Council with a LEAGUE OF MINNESOTA letter from Donald A. Slater, Executive birector, CITIES - Building League of Minnesota Cities, concerning a proposed Project building project for the League, dated August 4 , 1980 . The item concerning the appointment for a Vice VICE CHAIRMAN Chairman for the Planning Commission was tabled PLANNING COMMISSION until the next Council meeting. The item concerning an appointment to the Park PARK COMMISSION Commission was tabled until the next Council Appointment meeting. . Page 27 �pIN CO SAM S.SIVANICH ��Gq, YHONE ' � COMMI3310NEI 5• r�{ 348-3082 k�� -%�� r `�'VNLS�� BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 - July 29,1980 ' ' The Honorable William B Van Nest h1ayor of Orono Gox 66 Crystal Bay Orono P1N 55323 Dear Niayor Van Nest: Because you represent many of the people who will be effected by the Hennepin County Juvenile Justice Center, I want to share this Letter to the Editor with you and the Orono Council . I feel strongly that the issue has been clouded and mired down in secondary aspects of the selection process. Not only is the Rail- road site more practical for the purpose of the Center, but the bottom line is cost. The taxpayers of Hennepin County deserve to have their interests protected. . . not only for the initial cost of the facility, but for the long range effects of any site. If we do not consider ALL costs, we are not meeting our responsibili_ties to the citizens we serve. ' I strongly urge you to review this matter, Mayor Van Nest, and share it with your colleagues on the Orono Council . The people involved in this decision need input. Please share your thoughts with us. Sincerely, � •Grn , � � Sar�i S Sivanich Corm�issioner 6 District SSS:pjd Encl Page 28 LETTER TO THE EDITOR July 25, 1980 It is unfortunate that the media coverage of the Juvenile Justice Center site controversy has given the impression that what's at stake is the personal reputa- tions and positions of a number of elected officials rather than the interests of' the City and County taxpayers. As an 'elected officidl , I made a cor�nitment to my constituents to hold the line on taxes. In opposing the use of the General -Hospital site for the Juvenile Justice Center I have reconfirmed that commitment in that the use of this site will result in a significant loss of tax revenue and, as such, will have grave implications for future generations. We as public officials must put the interests of the taxpayer first. Given the economic consequences of a General Hospital site for the Juvenile Justice Center, I can only conclude that the City's position on this matter is fiscally irresponsible. Use of this prime downtown property, valued at $25/SF in contrast to the less than $5/SF value of the Railroad site, serious]y li�its the County's ability to meet other downtown space and facility needs on County-ownea property. ' The impact of this will be that the County will not be able to make available the Dependable Garage block for private development; something we agreed to do if the City had approved our use of the Railroad site. The likelihood of private development on the Dependable block is not mere speculation on my part as the County has already received an offer from a private developer for construction of a $40 million medical office and medium-� incon�e housing complex. Developed to its maximum density, the Dependable Garage block would generate $2.5 million in taxes annual or as much as $62 million over the next 25 years; more than six times the amount of taxes which could be generated at the Railroad site. Further, use of the General Hospital block for -- the Juvenile Justice Ce�ter will require that the County expend addi'tional tax dollars for constructien premiums associated with high-rise construction in excess of $1 million and at least $60,000 annually in increased operating costs. � Personal conflicts are likely to surface in times of stress. Throughout my disc•ussions with various City officials on the Juvenile Ju"stice Center I have been� unable to determine any clear reasons as to why the City has rejected our use of the Railroad ' site. In my opinion, � the City should no more have taken a position that did not protect the interests of the taxpayer, than the County should take a position which is �ot in the best interests of the children and families served by the Juvenile � Justice Center. Nevertheless, it is unfortunate that in my concern that the economic issues of the Juvenile Justice Cent"er were not being addressed, my conversations with Alaermen Rainville and Corrao became personal in nature. I intend to put personalities aside at this point and am corrunitted to resolving the issue at hand; namely, construc- Ition of the most economic Juvenile Justice Center possible within the earliest time frame. Sam S Sivanich 6 District Commissioner hennepin County Boara of Commissioners REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 29 Dick Benson, City Administrator, presented the WEST HENNEPIN City Council with the following memo concerning ASSESSMENT DISTRICT the West Hennepin Assessment District status dated August 7, 1980 , which states: Gregg Hannah and I have met with Spring Park, Minnetonka Beach, and Minnetrista to discuss the future of the District at it remains today with four participating cities. Officially as of January 1, 1981, three cities would remain in the District sharing a proposed budget of $72 ,000 . Al1 discussion centered on the accomplishments of the Assessment District and its effectiveness in its goal to bring uniformity and equalization within the District, and its intended expansion to serve other cities in the area to accomplish this. The concensus is that this has not been accomplished and the District in its entirety is only serving Hennepin County as a tool to accomplish required field work as other local assessors are doing. Spring Park is definitely out of the District as of January 1, 1981. Minnetonka Beach and Minnetrista are waiting to see what Orono is going to do. Tom Seuntjens, Mayor of Minnetonka Beach , and Alan Fashing, Councilman_ representing Minnetrista, have attended our meetings and do not have strong feelings ' in retaining the District or dissolving it. Since Orono ' s share of the budget is 0 . 5972$, Orono has to make a decision. Spring Park ' s decision not to participate in the ' District will not decrease the work-load to allow elimination of costs to operate the District with three participating cities. Orono' s costs will increase significantly. Orono ' s cost today is $40 ,012. Using the same formula, averaging per- centage of population, number of parcels, and ' assessed values based upon the 1980 budget and continuing the District with three cities, our costs increase to $44 , 246 .80 . Our options are : 1 . Continue with three cities 2 . Negotiate with other cities 3 . Contract with Hennepin County 4 . Orono retain its own assessor (Continued) REGUALR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 30 To continue the District is not an effective WEST HENNEPIN approach in accomplishing real values. ASSESSMENT DISTRICT (Continued) The District, in the past� has attempted to recruit other cities into the District; the results have been negative. " Hennepin County has estimated they would provide field work for assessing purposes for approximately $28 ,590 . In addition, the City of Orono would have to provide clerical help for assessment searches, homesteading, and maintaining public contact at an approximate cost of $6 ,000 for a total cost of $34 ,590 . There are many advantages to having a local assessor ' that cannot be provided by Hennepin County. We now maintain a coordinated effort with all City departments , particularly Building and Zoning, on-site disposal systems, legal department, and the Public Works Department, who rely upon information that the Assessing Department has readily available . Hennepin County cannot provide this service. The estimated cost for Orono to maintain its own Assessing Department is $36 , 160 , which consists of one assessor and benefits, and one clerk-secretary (60$ of her time) , 400 of her time would be charged to other departments. I recently discussed with Minnetonka Beach and Minnetrista their feelings toward the District. ' Both cities have discussed at their Council meetings their intent to negotiate wit� Hennepin County retaining them to assess their areas. They are waiting for Orono 's decision. I recommend adoption of the attached resolution to allow the District to dissolve by January 1, 1981. This should be executed Monday evening to allow Minnetonka Beach and Minnetrista to act on their own behalf . ' Council Meeting - August 11, 1980 Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1189 Resolution #1189 , A Resolution To Notify The West Withdraw From West Hennepin Assessment District The Intent To Withdraw Hennepin Assessment From the Bistrict. Motion, Ayes (5) - Nays (0) . District Butler moved, Hurr seconded, to approve the Firearms FIREARMS PERMIT* permit for the Park Gun Club, 3660 Sixth Avenue North. Park Gun Club Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 31 Butler moved, Hurr seconded, to approve the step STEP INCREASE* increase for Michael Kirnyczuk, Police Officer, Michael Kirnyczuk to $1, 725 per month, effective August 15, 1980 . Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, informed the City CABLE TV* Council that the City of Medina requested permission Medina to incorporate with us for Cable TV. Areas contiguous to Orono to be included in our original Cable Service Territory (CST) . I spoke with the Minnesota Cable Communications Board and they agreed that if an amended change is submitted to them prior to 30 days before the 90 day waiting period, before formal approval of the CST, they will be considered. After this has been accomplished, they will join us in our Needs Assess- ment Committee. We do expect formal approval of the entire service territory by September 30 , 1980 . Dick Benson, City Administrator, prepared the CRYSTAL BAY POST following memo for the City Council concerning OFFICE the Crystal Bay Post Office, dated August 8 , 1980 , which states: I met with R.W. VanSickle, realty management, and acquisition specialists for the United States Postal Service. _ , We agreed to increasing the monthly rent from $200 per month to $300 per month. An agreement will be drafted to reduce the rental period from one year to a 30 day rental plan, which will allow the City of make changes during the year as the need arises. An agreement will be forthcoming for Council action. Dick Benson, City Administrator, entered into the 1980 SEALCOAT PROGRAM* record the following concerning the 1980 Sealcoat Program dated August 5, 1980 , which states: This spring, the City Council approved the 1980 Street Sealing program at the budgeted amount of $40 ,000 . It has become apparent that with the additional Dutch Elm problems, we are going to have to rent additional equipment with operators to get the job done. We have received quotes per hour for equipment rental and seal-coating oil from Allied Blacktop Company, William Mueller & Sons, Inc. , and Plehal Blacktopping, Inc. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 32 Allied Blacktop, Inc . was the lowest in price for 1980 SEALCOAT PROGRA oil and additional equipment rental. (Continued) The additional cost for the program including equipment rental, will be $3 ,886 for a total program cost of $43, 886 . I recommend approval of the additional $3 , 886 to allow completion of this program. Council Meeting - August 11, 1980 � Butler moved, Hurr seconded, to approve the additional amount of $3 , 886 to complete the 1980 Sealcoat Program. Motion, Ayes (5) - Nays (0) . � Dick Benson, City Administrator, entered into the TRAFFIC SIGNAL* record the following letter to Gale Lennon, Super- Old Crystal Bay Rd. intendent of Orono School District 278 , dated #12 August 4 , 1980 , which states: "The City of Orono has completed appraisal work on the properties affected by the proposed installation of the traffic signal and street widening at the Old Crystal Bay Road and Highway #12 intersection. The estimated costs to acquire right-of-way, as per our appraisal of the subject properties, is $11, 157. During our meetings in February and March of this year, ' it was agreed that the Orono School District would contribute the amount of land required of the School District to construct the traffic signal and that the School District and the City of Orono would share in the right-of-way costs on a 50-50 basis. The appraisal of subject properties results in a total valuation of loss in land values in the amount of $11, 157. This is an increase of $3 , 757 esti.mated to you in my March 13 , 1980 letter and to date, is only an estimate until each property owner has approved their individual appraisals of land loss. The Orono City Council has not received an official commitment from the Orono School District to participate in the funding of anticipated right-of-way costs and, at this tima, will not proceed with further right-of-way acquisition until we have that assurance. In order to meet time commitments on this project, would you reply to our request as soon as possible?" End of letter (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 33 � Council Meeting - August 11, 1980 TRAFFIC SIGNAL* (Continued) Butler moved, Hurr seconded, to approve the letter to Gale Lennon, Superintendent of the Orono School District 278 , concerning the traffic signal at the Old Crystal Bay Road and Highway #12, dated August 4 , 1980 . Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1190* #1190 , A Resolution Appointing Election Judges For Election Judges The Primary Election To Be Held September 9 , 1980 And The General Election To Be Held November 4 , 1980 . Motion, Ayes (5) - Nays (0) . The following memo was prepared by John Gerhardson, WAIVE PENALTY* Public Works Coordinator, dated August 6 , 1980 , 3410 Shoreline Drive which states: The Ecklund Building, owned by Mr . Stan Ecklund, 3410 Shoreline Drive , has not received a sewer and water bill since the second quarter of 1979 . The reason he has not received a bill is that when the utility billing was changed from one computer service to another the correct mailing address waa not entered into the new computer. We did not know he was not receiving his bill because there was no return postage guarantee on ' the bill . The Finance Department suspected there was something wrong when bills were not being paid that are normally prompt with their payments. The second quarter utility bills did have a return postage guarantee on the bill and it was then that we were aware that the Eklund Building was not receiving a bill because of the wrong address. Unfortunately, late penalties have been accruing since the third quarter of 1979 in the amount of $82 .88 . Therefore , it is my recommendation to waive the penalty for 3410 Shoreline Drive in the amount of $82 .88 . Council Meeting - August 11, 1980 Butler moved, Hurr seconded, to approve waiving the penalty for the Ecklund Building, 3410 Shoreline Drive , in the amount of $82 . 88 . Motion, Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 34 The following memo was prepared by John Gerhardson, BEDERWOOD PARK* Public Works Coordinator, concerning Bederwood Park Ball Diamond ball diamond estimates dated August 7, 1980 , which Buesing Bros. , Inc. state s: On June 30 , 1980 , the Orono Council directed staff to acquire bids for construction _of a baseball diamond at Bederwood Park. The City of Orono sent bid proposals to five contractors in the area of which three were returned. The following is the bid tabulation: Volkenant and Sons, Inc . $10 , 590 Illies and Sons $ 9 ,050 Buesing Brothers, Inc. S 7,075 Therefore, it is my recommendation to award the project to Buesing Brothers, Inc . for an amount of $7,075 and that this project be funded through the Park Dedication Fund. Council Meeting - August 11 , 1980 Butler moved, Hurr seconded, to approve the low bid of Buesing Brothers, Inc. in the amount of $7,075 to construct the ball diamond at the Bederwood Park. Motion, Ayes (5) - Nays (0) . , The following memo was prepared by Melvin Kilbo, Chief NAVARRE PARKING LOT of Police, concerning the Municipal parking lot in Navarre, dated August 8 , 1980 , which states: As we discussed, I have done research and discussed with John Gerhardson, Public Works Coordinatory, the parking lot problem. Attached is a proposed ordinance amendment. You may want to change the last item to _ read "Upon the recommendation of the City Administrator" . Council Meeting - August 11, 1980 Mayor Van Nest moved, Hurr seconded, to amend Chapter 53 of the Orono Code, and also to submit a letter to the Metropolitan Transit Commission requesting the existing bench, at the intersection of County Roads #15 and #19, to be removed. Motion, Ayes (5) - Nays (0) . The following memo was prepared by John Gerhardson, pARK & RIDE* Public Works Coordinator, dated July 30 , 1980 , which states: The Metropolitan Transit Commission has recently installed a passenger waiting shelter in the parking lot of Keaveny ' s Drug Store. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 35 It was the intent, at that time, to allow the PARK & RIDE* users of the Park and Ride Pr�gram to park vehicles (Continued) in the Navarre parking Lot. The Meropolitan Transit Commission is now requesting official designation � �f the Navarre parking lot for vehicle parking. The back row of the parking lot adjacent to Lyric Avenue has twenty-one parking spaces availab�e now and is used mainly by park and ride users. The City of Orono has recently acquired property on Lyric Avenue across the street from the parking lot. The playground equipment in the parking lot will eventually be moved across the street allowing for an additional twelve parking spaces for a total of thirty-three spaces available in the back row. The Metropolitan Transit Commission would be satisfied if twenty-five spaces were designated. They will then hand out flyers to the users stating the designated area and the time of day they can be used, 6 :00 A. M. to 10 :00 P.M. , Monday through Friday. If this meets with your approval, I will draft a letter so designating those spaces for your signature. _ , Council Meeting - August 11, 1980 Butler moved, Hurr seconded, to approve the park and ride program per the above memo. Motion, Ayes (5) - Nays (0) . Bruce Malkerson, City Attorney, informed the City CITY ATTORNEY REPORT Council that he has been requested by the City of Minnetonka Beach to represent them on a legal matter and if the City Council has no objections, he will ' do so. Mayor Van Nest moved, Butler seconded, to approve the request of Bruce Malkerson, City Attorney, to represent the City of Minnetonka Beach in a legal matter . Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 11, 1980 Page 36 Butler moved, Hurr seconded, that the meeting be ADJOURNMENT adjourned at 11 :40 P,M. Motion, Ayes (5) - Nays (0) . " '� �� /�, � � � � � � r f William B. Va Nest, Mayor Attest: �.�/ ��- � ' Walter R Benson, City Administrator ,