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LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 2 of 5 the apron must cover the Right of Way. Council Member Nelson asked if instead of using a variable term like ROW, use a specific distance. Ms. Springborn stated her position is that they have already met the code requirements. Staff’s preference is to proceed through the appeal process if the Springborns choose. Mr. Bloyer asked if the appeal process costs money. Mr. Zuleger stated that it does, but the City could waive it. The definition of “bitumen” was discussed. Mr. Griffin stated his professional opinion was pretty clear that is included the binder aspect and not simply loose millings. Mayor Pearson stated his preference that Council and staff study the issue before taking action. He also explained that the code language would not make any sense if interpreted as allowing loose material. The consensus of the Council is that the text may be vague and should be examined. The Council was supportive of staff’s recommendation of abiding to the formal appeal process. It was noted that the City has given the Springborns a one-year extension on the completion deadline. No formal action taken. SPEAK YOUR PEACE: REEVES Reeves spoke on the Speak Your Peace tenet of repair damaged relationships. Everyone has been in situation of saying or doing the wrong thing. In a perfect world that wouldn’t happen, but it does. To make it right one must apologize. Admit your mistake, move on. Is the apology sincere? Does it keep occurring? There must be a commitment to change behavior. Actions speak louder than words. Where you develop trust, it is easier to accept apology. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $269,770.91 3. Designate Official Publication Newspaper of Record 4. Designate Official Depositories of Funds; Res. No. 2014-01 5. Resolution Designating Data Practice Officials and Approving City’s Data Practices Policy; Res. No. 2014-02 6. Appoint City Engineer and City Attorney 7. Approve 2014 Plan of Work 8. Storm water abatement; Res. No. 2014-03 9. Production Well No. 4 – Pay Request No. 5 10. Lake Elmo Avenue Sewer Improvements – Change Order No. 3 11. Section 34 Utility Extension Improvements – Change Order No. 2 12. 2012 Rain Gardens – Pay Request No. 2 (Final) MOTION: Council Member Bloyer moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 12: 2012 RAIN GARDENS – PAY REQUEST NO. 2 (FINAL) City Engineer Griffin explained the item. Contractor is requesting payment in full. Staff does not agree with full payment due to several issues, so is recommending a prorated payment. Contractor did not perform completely and there have been several garden failures. Six of the 17 rain gardens were not functioning for the year. Council Member Bloyer asked if this was same contractor that built the garden at end of Jane Road. It is not known at this time. Griffin explained how at times the City is required to install rain gardens, but currently has discontinued the voluntary installation for the time being. Rain gardens do work when installed correctly and maintained properly.