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LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 5 preliminary plat for an 18-acre tract of land east of Teal pass Estates and Lake Jane. The VBWD Engineer Nels Nelson informed the City Administrator verbally on 2-23-87 that approval was given for this plat. Bohrer commented that the preliminary plat and the drainage plan as reviwed met all the concerns and recommended that the preliminary plat be approved. Marilyn Benesch addressed the concern of safety problems which exist on the Jane Court N. hill and that the addition of eight homes would compound the situation. Councilman Johnson shared their concerns of safety and could not support this plat without a street exit to 45th Street. Bohrer explained that what Mr. Mester is saying is he does not own the property, so he would have to make an offer to buy it. If he cannot reach an agreement to buy it, that is as far as he can go. I:1 it is still desirable to have a street, the City could use its eminent domain authority and purchase the right -of_ -way. City Attorney Knaak stated that in his opinion in this case if the basic requirements have been met as required by the City code, under these circumstances the City Council has to accept the preliminary plat and deal with the public safety problem as we deal with a public safety problem now existing. The City will probably have to consider the liability issue because at some point the City has to address the dangerous conditions. The City cannot require the developer to purchase more land under these kind of circumstances. This is a City problem and not legally related to this development. City Engineer Bohrer stated that the current standards are 8% grade for a new road to be constructed in Lake Elmo. This road was established when it was still East Oakdale. There are no construction plans, nor does he know what the standards were at that time. It is similar to a house that doesn't meet the current codes required. It is a non -conformity, but it is allowed to exist because it was in existence prior to the enactment of the code or standards. M/S/P Graves/Moe - to approve the preliminary plat of Lake Jane Highlands for 8 lots dated 1-29-87 and revised grading and drainage plan dated 1-30-87. (Motion carried 4-1<Johnson: an overriding factor in this development is strictly safety, even though he realizes the City and developer's situation>). Mayor Christ stated he was not in favor of this situation but feels the City has no choice because this would not stand up in a court of law and would subject the City to expense. Councilman Graves asked if Jane Court North could have priority in plowing and sanding. 7. CITY ENGINEER'S REPORT