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LAKE. ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 11 <br />Avenue should be postponed since the subgrade strength and drainage <br />problems will continue. <br />The Council discussed the varying uses (GB, PF, Ind., Resid) on this <br />street and what assessment method should be used with guidelines set <br />for subtantiating benefit. Councilman Graves pointed out that the <br />traffic to the VFW does not come off of Layton, but off of Highway 5, <br />and he would not be in support of this project with an assessment <br />charge to the VFW of $18,000. <br />The Council asked the City Engineer to explore alternatives for a <br />program of this nature and resolution of the drainage issue with Peter <br />Schiltgen and report back to the Council. In the meantime, crushed <br />rock will be used for street repair. <br />(4) 38th & 39th Streets <br />Larry Bohrer presented his feasibility report for 38th and 39th <br />Streets North in Bord,ner's Gardner Farmettes for a patch and overlay <br />project. The Council requested the City Engineer present proposed <br />assessments for this project on a front foot basis, unit method (per <br />lot basis) and combination method (front foot and unit) for the May <br />16th Public Hearing. <br />M/S/P Graves/Moe - to adopt Resolution 89-26, A Resolution Receiving <br />Report and Calling Hearing on Improvement for 38th Street, 39th Street <br />and Innsdale Avenue, East of Ideal Avenue. (Motion carried 4-0). <br />11. CITY ATTORNEY'S REPORT: <br />A. Legal Opinion --Well Advisory Area Development <br />In his letter of March 20, 1.988, Attorney Steve Carlson provided his <br />opinion on the legalities of preventing any further development within <br />the well advisory area. Councilman Graves and Williams voiced their <br />concern on the health, safety and welfare of the people that might <br />build there and what the city's liability would be for allowing <br />development in this area. The Council directed the City Attorney to <br />draft disclaimer terminology for every building permit that is issued <br />in the Well Advisory Area. <br />B. Reviews DPRA Eng. Contract <br />The City Attorney had no concerns with the proposed contract. <br />C. Proposed Agreement: VBWD & City of Lake Elmo re: Maintenance <br />The City Administrator will forward information to the City Attorney <br />to draft an Agreement between VBWD and the City relative to any <br />possible liability for the VBWD to use our Public Works employees for <br />minor maintenance work on the VBWD system within the City of Lake <br />Elmo. <br />D. Direction for the Close -Out of the 201 Grant <br />( Larry Bohrer reported that the grant period expired 1-31-" and costs <br />incurred after this date are not grant eligible even though the <br />process started before this date. Bohrer pointed out the court date <br />