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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 3, 1995 4 M/S/P John/Johnston - to adopt definition of Recreational Lake Lot for purposes of preparation of the Assessment Hearing for the 1995 Bituminous Overlay Projects and to table discussion until impact of definition -on -the -city -code is -studied further. —Notion -passed 4-0). 7. CITY ENGINEER'S REPORT: A. Contract with T.A. Schifsky for 1995 Overlays Larry Bohrer provided correspondence from awarding the bid to T.A. Schifsky & Sons to the letter from T.A. Schifsky requesting an extension of contract completion date from the specified September 1,1995 to September 15, 1995 due to wet weather as the justification. Gerald Wright, Vice Pres, of T.A. Schifsky, stated they were working on the sports center for the City of Woodbury which was supposed to be done in June and are still trying to complete the job because of delays caused by the wet weather. Wright pointed out that Tower Asphalt was awarded the contract for reconstruction of Jamaca Ave. and had to request an extension to finish the job the following year. Schifsky has done work in Lake Elmo for 40 years and this is the first time he has been called in front of the council and assessed damages. M/S/F DeLapp/Conlin - to conclude contractual payments as written and reconsider next season, specific language on liquidated damages and what value it is to the City. (Motion failed 2-2:Conlin:at this point she would favor waiving fees because there is minimal, if any, damages and to look at this clause and tighten it up, Johnstowthere should be better communications between the working groups) M/S/F DeLapp/John - to split the liquidated damages of $6,000 with T. A. Schifsky. (Motion failed 2- 2:Conlin, Johnston) M/S/P John/Conlin - to waive any liquidated damages against T.A. Schifsky & Sons, but to convey to the contractor the city's concern for better communications between the contractor and the city. (Motion passed 4-0). B. Surface Water Drainage on Stillwater Blvd. Larry Bohrer reported he has reviewed the plan Washington County prepared to install storm sewer on the south side of Stillwater Blvd. From the time the County reconstructed Stillwater Blvd., early'80s, they had continued erosion problems on the south side of Stillwater Blvd. in Oakdale. This project was an attempt to enclose that drainage in a storm sewer pipe. The pipe ends at the boundary between Oakdale and Lake Elmo so the water continues to go eastward into Lake Elmo. There is an existing culvert that brings the water to the north side and joins up with Eagle Point Creek and meanders through the Eagle Point Creek Estates subdivision. Charles Houck, Oakdale, stated he is the property owner of the last home bordering Lake Elmo, that the project has dug a ditch into Lake Elmo for 50 yards. Near the point where they stopped, there is a creek which runs through his back yard and through the wetlands in the lower part of Lake Elmo Heights 3rd Addition, Houck complained the workers dammed the creek with a big berm. Now, a slot has been dug through the dam. Council member DeLapp pointed out there is a beginning of a street entrance where the City of Oakdale wants Helmo Avenue to come in and there has been no approach to the City of Lake Elmo for encroaching on the easement to make that happen. Larry Bohrer will examine this site to make a proper assessment of what has been done and visit 50th Street on an erosion concern where the County has laid pipe and filled in the ditch. Bohrer will report back at the next Council meeting to discuss preparation of a memo to the County and Oakdale in relation to what he has found in regard to the street extension.