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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 3 M/S/P Armstrong/Christ - to adopt Resolution 85-42 approving the Final Plat for Tartan Meadows 2nd Addition contingent upon Larry Bohrer's recommendation stated in his letter to the Planning Commission dated November 7, 1985. (Motion carried 5-0). D. County 19B - Request by Dick Herald to discuss project with the Council Dick Herald, Washington County Engineer, and Donald Wisniewski, Public Works Director were before the City Council with plans for realignment of County Road 19B. The County is now in the final design stages of this project and is ready to purchase right-of-way. Because of finance shortages, the staging of construction has changed slightly. The grading will be done in 1986 and the pavement construction is scheduled for completion in 1987. Wisniewski noted<that in 1984 a state law was passed which allows counties to assess within the city boundaries if the city is in agreement with it. However, when the law was written an oversight in the definitions within the body of the law was made which will prevent the County from making these assessments until this discrepancy is corrected during the next legislative session. In the meantime, they asked the City to consider either joining with the County as a joint project, or to pass a resolution allowing the County to assess these costs, which at this point is the only way these assessments can be made. There is some benefit to the City because of the fact that it does open up some lands on either side of County Road 19B for future development. The percent for assessing benefits that was discussed was 10 percent. There is one property owner, the Hammes', that Washington County made a settlement on right-of-way where it was in agreement to not assess that property. In fairness, they would have to put an assessment on that property and the County or City would have to say no assessments on it and take it off the cost reimbursement. The City Council felt that this construction is being done primarily to access the Regional Park and they do not see the benefit to the City at this time. The Council asked the City Attorney, City Administrator and Planning Commission to research the subject and provide recommendations or discussion with the County at a Council meeting in January. E. Derrick Land - Fill Permit Request This is a continuation from the November 5, 1985 City Council Meeting. The proposal is to remove about the top foot of existing soil in the front yards of four lots in DeMontreville Highlands 3rd Addition. The plan shows the fill soil that will be brought in as an acceptable area for septic system constructon which would be filled to a height of elevation 979 which will be the same in