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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 1987 PAGE 9 This would imply that all conveyance systems (culverts, storm sewers, ditches, etc.) must be designed for the 100-year event. This would lead to very large and expensive storm water facilities. Bohrer suggests that storm sewers and culverts be designed for the 100-year event but that overflow paths, waterways, and ponds be designed for the critical event. M/S/P Armstrong/Graves - to direct the City Engineer to forward a letter with his comments as stated in his letter dated November 2, 1987 to the Browns Creek Watershed Management Plan (NE 1/4 of NE 1/4 of Section 1). (Motion carried 5-0). C. 201 Program: Change Order for Blacktop Work on 32nd Street The City of Lake Elmo had planned to construct a bituminous overlay on 32nd Street from Lampert Avenue to Klondike Avenue. A portion of this road will be disturbed in the construction of pressure sewer for Old Village Remote Site C. The pressure sewer trench in 32nd Street will be patched under this contract. The City finds that it is convenient and economical to add the planned bituminous overlay work to this existing contract by means of a non -grant eligible change order. The price to construct a 1-1/2" compacted thickness bituminous overlay on 32nd Street from Lampert Avenue to Klondike Avenue (1360 LF x 18' wide) for the lump sum price of $10,500.00. M/S/P Johnson/Graves - to approve Change Order No. 3 of $10,500.00 to allow for blacktopping work on 32nd Street as part of the 201 Project, Part D - Off -site and Collector Septic Systems. (Motion carried 5-0). 8. CITY ATTORNEY'S REPORT City Attorney Knaak provided a brief written summary of the current status of pending civil matters involving the City of Lake Elmo. In the future, he will have this summary available for packet distribution. Councilman Graves questioned the vote on October 6th on the eligibility, in light of information he has picked up, on appropriateness of Rose Armstrong voting on this decision. Graves asked if it would not be appropriate to get an opinion from the Attorney General on this issue. Attorney Knaak responded that circumstance have changed, and his opinion may change, but he stands by his opinion rendered to the Council at that time. He would not dispute it was a close call. Knaak indicated the issue is out of our control and he again stressed confidentiality toward the matter. Tom Armstrong stated he doesn't care if the City appeals the decision or not. He was not a part to the decision, nor took part in the decisions, did not have an opportunity to call witnesses or cross-examine witnesses, and did not have a chance to take part in that deeisien whatsoever as —a party. "Whether the 15-it or not is of no interest to me" Tom said, "the City can do as they see fit." Tom added "If you feel there is a conflict of interest of my wife in any involvement of the case you are dead wrong. Whether the