09-05-95 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 1995 Mayor John stated he was contacted by Brenda Taylor this afternoon and they would not be adverse to entering into negotiations with the city on an easement for reopening of the catch basins. M/S/P John/DeLapp - to approach the Taylors to find out what is involved in reopening the catch basins and obtaining an easement on the Taylor property to transfer water across their lot into Lake DeMontreville and approach VBWD on what their reaction would be to this proposal. (Motion passed 5- 0). C. Request for time extension for overlay project - T.A. Schifsky Larry Bohrer reported in his letter dated September 1, 1995 that TKDA received a letter from T.A. Schifsky and Sons requesting an extension of contract completion date from the specified September 1, 1995 to September 15, 1995. T.A. Schifsky cited delay due to wet weather as the justification. The contract was awarded on May 2, 1995 and the specified completion date is September 1, 1995. The contract provided that liquidated damages will be charged at $400 per calendar day for each day the work is not completed. Bohrer pointed out that the work consists primarily of blacktopping, but also contains more drainage improvements which must be completed prior to the paving. As of this date, all the drainage work is completed, but none of the paving work has started. One of the reasons TKDA set September 1, 1995 as the completion date is so that they would have approximately two weeks to calculate the costs for preparation of assessments If they do not have the final costs, they must assess based on estimates which is undesirable. Bohrer would like to report final costs to the Council on September 19 and call the assessment hearing for October 17. Attorney Filla recommended that the city not grant an extension and waive the claim of recovering damages at this time. Filla thought it was hard for the city to react because we do not know if rain has delayed the project in Lake Elmo because Schifsky hasn't given the City any documentation to support this. It is appropriate to request documentation as to why T.A. Schifsky hasn't been able to do this work in Lake Elmo within the allotted time. M/S/P John/Hunt - to send a letter to T.A. Schifsky stating that the City rejects the requested extension of the contract completion date from the specified September 1,1995 to September 15, 1995 as requested by David W. Schifsky, CEO, letter dated August 30, 1995 to Larry Bohrer and the City requests documentation submitted as to why this 1995 Overlay Project is late. (Motion passed 5-0). 4B. VBWD & Barr Engineering re:Olson Lake Estates Pond Larry Bohrer has received a letter from Randy Peterson outlining the anticipated project schedule for rerouting the discharge from Olson Lake Estates Pond to bypass Olson Lake. The contract work could start the first part of October. Laying of pipe work could be completed, but road restoration on Lake Jane Trail would not have a chance of being completed by winter. The project would go through the winter with a gravel road surface on Lake Jane Trail. The advantage to this is that water would be diverted from Olson Lake Pond as soon as possible. The disadvantage is Lake Jane Trail would have a temporary gravel surface and with a spring thaw would become non passable. An alternative would be to wait and begin project early in the spring. As soon as the pipe work is completed, the road work would be completed. This would minimize the inconvenience of the public. If work began this fall, blacktopping Lake Jane Trail couldn't be completed, leaving the road as gravel throughout the winter. Since the pipe will be placed beneath the road, portions will be excavated. During the spring thaw, residents would be driving through mud. Offered the choice of beginning the project this fall or in the spring, the Council favored spring construction.