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C. Escrow Reduction — Sunfish Ponds <br />The City Engineer recommended reduction of the Development Agreement <br />Escrow for the Sunfish Ponds OP Project from $350,375 to $53,125 based <br />on his inspection of completed improvements. The major remaining work <br />on the project is for the final lift of street asphalt and a portion of the <br />landscaping. <br />M/S/P DeLapp/Armstrong - to approve reduction of the Development <br />Agreement Escrow for Sunfish Ponds and S&C Bank Letter of Credit # 105 <br />from $350,375 to $53,125, as recommended by the City Engineer in his <br />letter of December 2, 2002. (Motion passed 5-0). <br />D. Met Council - Amend Comprehensive Plan. <br />The Council received a draft motion from Attorney Filla for their review. <br />Council member DeLapp pointed out the wording of "required" changes. <br />He felt the City is at issue with the Met Council as to whether they have the <br />legal authority to require changes. He asked that the language be changed to <br />"suggested" changes. <br />Attorney Filla commented this is listed this way because it is the name of the <br />document, "List of Required Modifications to Lake Elmo Comprehensive <br />Plan". The motion as proposed is to direct the staff to set up a date for the <br />public hearing. Filla added if the concern is with the word "required", as an <br />alternative to Paragraph No. 2, it could read "to comply with Paragraph 7 of <br />the attachment to the Metropolitan Council Resolution No. 2002-30." <br />M/S/P Siedow/Dunn — to direct the City Planner to establish a public hearing <br />date in compliance with appropriate regulations and at the earliest date <br />possible to consider amending the City's Comprehensive Plan in the <br />following manner. <br />1. To comply with Paragraph 1 and 2 of the "Regional Recreational <br />and Open Spaces" section of Metropolitan Council Resolution <br />No.2002-30; and <br />2. To comply with Paragraph 7 of the attachment to the Metropolitan <br />Council Resolution No. 2002-30. (Motion passed 5-0). <br />LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 8 <br />