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MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 1979 PAGE 3 Deputy Clerk Rolek noted that Northern States Power had informed the City NSP COAL of Falcon Heights that a 200 megawatt coal fired power plant is being FIRED PLANT proposed for the Metro Area, No definte sites have been chosen. CONSIDERED Deputy Clerk Rolek informed Council that Arden Hills and Shoreview are CABLE TV being considered to join the 14 other cities for Cable Television Territory. Engineer Lemberg reported to Council regarding the possibility of in- CITY HALL stalling an escalator in City Hall to accomodate the handicapped and ELEVATOR elderly. He stated that escalators are not acceptable as they cannot LEMBERG '' accommodate wheel chairs. Elevators are acceptable but the estimated cost would be approximately $50,000.00. Engineer Lemberg felt there might be some grants possible to this type of installation and that he could have application forms sent to the Clerk Administrator. Mayor Warkentien presented the Engineering bill from Bonestroo, Rosene ENGINEERING Anderlik and Associates in the amount of $2,583.68.00 for prepration BILL TO BE of the Capital Improvement Street Report. PAID Attorney Kenefick reported to Council on progress regarding obtaining FULHAM DRAIN- an easement from Charles Smith, 1605 Fulham, Lauderdale. Attorney AGE PROBLEM Kenefick was directed by Council to engage in litigation with Mr. Smith and the City of Lauderdale, and he had contacted the Lauderdale Attorney and had done research on the subject. Attorney Kenefick stated he had assumed there had been a drainage easement to the drain field, which passes through a portion of Smith's property. However the land records do not show such an easement. The Attorney informed that the University of Minnesota constructed the drainfield in 1929 and sub- sequent to that time Auditor's Subdivision 1171 was platted, which covers a portion of the drainfield, and then sold the other portion to a private developer the area now known as Oak Wood. On both the Oak Wood portion and Auditor's Subdivision 71 there is no indication of a drainage easement. Attorney Kenefick felt it might be possible to use a theory, similar to adverse possession, an easement by prescription; it has been there, the City was aware of it, and therefore has certain rights, even though it is not recorded. He felt it would be impossible to settle the matter by January 8, 1980, the deadline for ,the use of the llisaster Funds, and the City should appeal for an extention of the deadline. After a discussion Council directed Engineer Lemberg to arrange a meeting with Mr. Smith and Mayor Warkentien in order to discuss the matter and attempt to get an easement. Mayor Warkentien moved, seconded by Councilmember Steele, that Council- HELEN BROWN member Brown be appointed Acting Mayor to replace Pete McGough, who APPOINTED recently resigned. Motion carried unanimously. ACTING MAYOR Councilmember Steele moved, seconded by Councilmember Brown that the ADJOURNMENT meeting be adjourned at 8:45 p.m. Motion carried unanimously.