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LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1989 PAGE 5 B. CITY ENGINEER'S REPORT: A. Lake Jane Erosion Jack McGee, Chairman of the Lake Jane Marine, Recreation & YathtClub, advised the Council in a letter dated July 3, 1989, of an erosion problem due to a sewer culvert that carries water from Jane Court under Jane Road and spills onto Lot 2, Berschens Shores. They requested the City to cover the expense of an extension for the culvert, either by a concrete spillway or a ditch with trap rock applied. Two estimates were furnished. There are 13 area families that make up this association who have a 75 foot easement over this lot. They do not own the property, but do pay the real estate taxes and have the owner's approval. City Engineer Bohrer considered this "nuisance erosion" and speculated this culvert was installed when the Jane Court improvements were put in, about 20 years ago, which was before this area was part of the City. Bohrer did not do a complete title search, but speculates there is no drainage easement across this Lot 2. After review by the City Engineer, the Council viewed this as a pre-existing condition that the applicants were aware of when they took this recreational easement, and Council determined that it would be inappropriate for the City to expend funds, outside of the budget, for improvement to private property. M/S/P Graves/Moe - to direct the City Administrator to prepare a letter . stating it is not in the City's best interest to participate in an erosion controlled project. (Motion carried 5-0). B. Partial Payment #3, 39th St., C.W. Houle M/S/P Graves/Hunt - resolved that the Council hereby authorizes payment of Partial Payment #3, for 39th Street Improvement to C.W. Houle of Roseville, said payment in the amount of $38,226.89, to be made by the City upon receipt of payment from the developer. (Motion carried 5-0). C. Partial Payment #3, 43rd & Kimbro, Dressel Cont. M./S/P Graves/Moe - resolved that the Council hereby authorizes Partial Payment #3, for the 43rd & Kimbro Street.Improvement, in the amount of $35,088.36 to Dressel Cont. of Forest Lake. (Motioncarried 5-0). 9. CITY ATTORNEY'S REPORT: The Lake Elmo Pending Litigation Report was presented to the Council by City Attorney Knaak. 10. CITY ADMINISTRATOR'S REPORT: A. Planning Commission Resignation: Al Kunde Al Kunde submitted his resignation from the Planning Commission on July loth and a letter of appreciation has been sent to Mr. Kunde.