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LAKE ELMO CITY COUNCIL MINUTES MARCH 7, 1989 PAGE 7 Chuck Plows, Peterson & Assoc., stated the Preliminary Plat has been submitted with an application for a request for a 24' wide roadway. Therefore, they are asking for a variance to the standard road width because they do not feel a 32' wide roadway is conducive to this development. A 32' roadway is excessive for the amount of traffic that it will receive. Also, an advantage to the City is a narrower street requires, less maintenance. Attorney Carlson responded the Council should consider the variances, separately, and all variances require a proven hardship. A copy of covenants established for all lots in Kenrdige Heights were provided as follows: A. Kenridge heights lies within the Lake Jane Landfill. well advisory area whereas the Minnesota Dept. of Health must be contacted by the well contractor for special testing and construction methods prior to drilling a well. B. Each lot will require soils testing by a certified soils engineering firm to prove suitabillty for an on -site septic system. The City has received a letter from Mary Luth, Director of Public Heath, stating their procedures for new construction within the well advisory area. in Mary Luth's opinion this proposed development would have no adverse affect on site cleanup activities occuring at SW -I, and she believes it is unlikely that they would find evidence of VOC contamination in the area proposed for development. Councilman Graves brought up his concern that this will be the first development since the contamination has been brought to the City's attention. Arlyn Christ responded that at least 8 to 10 homes have been built in the well advisory area. When he built his new home he was able to use his old well. Graves was advised by City Assessor, Frank Langer, for properties in the well advisory area, there was an overall reduction of 20% on assessed values from the 1988 standards and homes with a trace of contaminants, had an additional reduction in assessed values from 1983. The Council received a letter from Rita Conlin, PZ member, voicing her concern on the fact the City could be held liable since we would have allowed development in the well advisory area. Another concern, if this plat is approved for development, this would be sending a message that the City feels land contaminated by a landfill is acceptable. This would start a precedent and cost credibility in our dealings with the County and Met Council over the proposed landfill for the Regional Park. Councilman Williams stated for the record the applicant had done an excellent job with responding to the PZ and Engineers requests in revising his plans taking these comments into consideration. The Council had some questions relative to legal implications in denying or approving this subdivision. Also to be considered was the potential political impact in fighting the landfill in he Regional Park. The