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LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 6 trees are the problems of the City. Planning Commission member David Johnson stated it doesn't make sense to reroute the road for two oak trees when a few years later oak wilt or lightning may take these trees out. Mayor Christ closed the public hearing at 8:40 p.m. Councilwoman Armstrong commented that Beverly Rieks' letter of March to the City stated they would remit assessments in advance (on 47th, Kimbro and 43rd) of the Green Acre policy providing their total assessment does not exceed $2000. Armstrong asked if this wording covers the City to collect the assessment money, because she did not like to see a cap on it. Mrs. Rieks stated she would write another letter making it clear they intend to remit total payment in advance. Mayor Christ recapped that the Council had directed the City Engineer to get the road in this year without losing those trees. The proposal came in and is workable with taking a minimal 1/2 acre of land out of 100 plus acres, which is an acceptable condition, and he was in favor of this proposal. Councilman Graves agreed with Mayor Christ thata a long as we have confidence that the City Engineer and Highway Dept. both agree that by putting curbing in around the trees on Ed Stevens' property does provide a safe situation, he would concur and feels it is a worthwhile program and we should move ahead with it. Councilman Johnson commented that it is not unusual for a City to own trees along roadways and does not think the City's liability is any greater becasue the trees are on City property. He favors the road improvements and ordered the City to go ahead with the project at full speed. Councilwoman Armstrong asked for safety reasons if some sort of reflectors could be put around the trees. City Engineer Bohrer thought reflectors could be possible. Armstrong felt this was a good project and a good compromise and would be in favor of it. City Engineer Bohrer stated that they eventually will need a permit for this construction from the VBWD as we have obtained permits for other road improvements and it should be routine. We have verbal approval in concept from MnDOT because they do not officially approve it until they have finished plans before them. adopt Resolution 87-44 (amended 8-4-87) M/S/P Johnson/Graves - to approve the street improvements on 47th Street between Keats Avenue and Kimbro Avenue as proposed in the City Engineer's feasibility report of July 16, 1987 to be so ordered. (Motion carried 5-0). 7. PLANNING, LAND USE & ZONING A. Preliminary Plat: Tartan Meadows 3rd Addition Carl Peterson gave a short presentation stating Tartan Meadows 3rd