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LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 4 Councilman Moe asked the City Attorney if this One Percent Rule would be defensable? Knaak answered it depends on what its purpose is perceived to be. If it is perceived to be merely a restriction on development, yes it can be carefully drafted to actually achieve this purpose. The clearer you are in your purpose and in volume, the better off you will be. Councilwoman Armstrong explained that Oakdale's One Percent Rule was not defeated, they never chose to use it. The watershed's rule was defeated because they did not go through the proper processes to adopt it --they did not hold a public hearing, did not go through scientific data to determine if it was a valid rule. The City of Lake Elmo does not have to go through scientific data to adopt this into our ordinances. City Attorney Knaak stated you have to have a reasonable basis. City Engineer Bohrer stated the City has used this One Percent Rule for many years, but have relied on the Watershed District to do the enforcing. The City uses the same rules that were being required by the Watershed District; therefore, there were two bodies that had authority over a development. Bohrer explained this ordinance is for engineers, by engineers. Engineers are going to interpret that phrase for a developer and he or an engineer is going to review that submittal on the basis of this ordinance. That is why it seems unclear to someone who does not calculate runoff. M/S/P Johnson/Graves - to direct the City Engineer and City Attorney to prepare a One Percent Ordinance and forward this ordinance to the Planning Commission for their review. (Motion carried 4-0). 9. 1988 Sealcoat Project City Engineer Bohrer explained the history behind the Sealcoat Project. He passed out a map of the street inventory for the 1988 Seal Coat Program. Bohrer recommended the streets that needed sealcoating were colored in red and would be part of the County's Sealcoating progam. The streets colored in green were recommended for an overlay and would require a public hearing to consider a bituminous overlay project. Bohrer stated that the County is interested in knowing what streets we want sealcoated and they would like us to provide a map to them because the program would start the latter part of July. Total Estimated Cost for the 1988 Sealcoat Program Estimated Construction Cost $129,786 SY @ $0.36 $46,723 City Engineering $ 1,287 Total Estimated Cost $48,000 Proposed Financing:. Sealcoat Fund $40,000 Patch and Overlay Fund $ 8,000