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M/S/P DeLapp/Siedow - to adopt Resolution 2000-042, approving the subdivision waiver for Richad Hesse creating a 10 acre parcel, upon the condition that a Covenant be recorded on each 5 acre tax parcel precluding sale of either parcel separately. (Motion passed 5-0). F.Wildflower Shores - Drainage/Infrastructure Issues Planner Dillerud reported this matter appeared in the Council's August 15 agenda packet. The administrator requested removal of the item from that agenda, as was requested by Rehbein representatives prior to the meeting. Rehbein requested the City Administrator, City Attorney, and City Planner met with Mr. McCully and Mr. Vargo of Rehbein on August 21, 2000. At that meeting Rehbein presented documentation to staff that they continue to maintain is the historic basis for the Rehbein claim for a reimbursement of $37,687 for storm water infrastructure improvements they have constructed within the Wildflower Shores Plat. Staff advised the Rehbein representative that the City staff position, as reflected in August 15 memo to the Council, has not changed. This matter would be placed on the September 5 Council agenda at which time Rehbein would discuss the issues directly with the Council. City staff recommended disposition of this issue in the manner outlined by the Memo to the Council of August 15. There has been no specific approval of the storm water improvement made by Rehbein to be reimbursable by the City, either within or outside of the Joint Powers Agreement. Rehbein made a decision to proceed with that improvement with full knowledge of the term of the Joint Powers Agreement. The claim that the City staff took so long to address the Rehbein proposal is void in the context of a development that has taken 4 years and still not complete. Delayed response is not the same as approval M/S/P Armstrong/Siedow - To initiate the process to amend the Joint Powers Agreement with Valley Branch Watershed District and Oakdale regarding stormwater drainage to include portion of the Wildflower Shores plat. (Motion passed 5-0.) M/S/P Armstrong/Siedow - To accept a City drainage easement over Outlot E, with the nurp pond on it, of Wildflower Shores. (Motion passed 4-0). M/S/P Siedow/DeLapp — to confirm staff s position on the request to not approve reimbursement for stormwater improvements within Wildflower Shores. (Motion passed 5-0.) 10. CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000