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LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 3 <br />to review the work done on this project. On September 24, 1984, after <br />a sufficient rain, they viewed the courts and again found all standing <br />puddles to be less than 1/8" deep and within tolerance. Only the west <br />( court of the three courts is affected - because that court was the <br />flatest to begin with. <br />He further stated that Nancy is still not satisfied with the condition <br />of Court No. #3• It was the Engineer's opinion that the difference of <br />opinion is not about the quality of this contractor's workmanship but <br />about the typeof work ordered to be done. To provide adequate <br />drainage in these courts equivalent to new courts would have required <br />a variable depth bituminous overlay to build up crown in addition to a <br />new color coat. The cost of that improvement is equivalent to one or <br />two new courts and was not within the budget allowed. <br />The Engineer further stated that the Pebble Park courts now have a new <br />surface which will extend their service life. All courts have an <br />improved playing surface 99% of the time. Only the west court is <br />hindered for a day or so after a rain, which is not the fault of this <br />contractor. He stated his opinion is the contractor performed the <br />work he was hired to do in a good and workmanlike manner and should be <br />paid in the amount of $3,990. <br />Mazzara asked if when the Parks Commission decided to do this project, <br />were they under the impression that all of these problems would be <br />taken care of. <br />The Engineer stated that he thought one Parks Commission member had <br />the idea that a certain type of improvement was going to be done, but <br />the remainder of the Parks Commission members understood what types of <br />improvements were going to be done. The Engineer provided cost <br />estimates for both alternatives to the Parks Commission while they <br />were deliberating on the decision, and they recommended to the City <br />Council the project- that was ordered in and constructed. <br />M/S/P Dunn/Mazzara - To approve the final payment for the Pebble Park <br />tennis courts improvements in the amount of $3990.00 to Sjolstrom, <br />Inc. (Motion carried 4-0). <br />B. 1984 Street Improvement Project - Partial Payment #3. <br />The Engineer stated that he estimateS this to be the last partial <br />payment. The next time this issue is before the Council it will be <br />for final acceptance and payment for this project. All of the <br />contract work is completed - the work that remains is the clean-up and <br />any corrective measures that must be made. We will withhold our 5% <br />retainer until all of this clean-up work is done. <br />M/S/P Dunn/Mazzara - To approve partial payment #3 in the amount of <br />$4,140.58 to Forest Lake Contracting for work completed on the 1984 <br />Lake Elmo Street Improvement Project. (Motion carried 4-0). <br />C. Public hearing for applichtion by Donald Durand, 2901 Lake <br />Elmo Avenue for a shoreland permit and zoning code variance <br />to allow an accessory structure to exceed the maximum square <br />footage. <br />