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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 1989 PAGE 9 the DeMontreville Highlands subdivisions. The pipeline would only cross one improved road, Hilltop Avenue. The Pipeline Company is asking permission to cross City roads and right-of-way. City Attorney Knaak explained they can probably do it anyway without the City's permission. Mayor Dunn voiced her concern on what, if any, safety controls will be installed. Bohrer recommended that the City grant Minnesota Pipeline Company permission to cross City roads and right-of-way because: 1. All work will be conducted in existing easements owned by the Pipeline Company. 2. Existing roads will not be disturbed by the construction. 3. Proposed methods of construction are in accordance with accepted standard practice. 3. They can probably do it anyway without the City's permission. M/S/P Graves/Moe - to authorize permission to Minnesota Pipeline Company to cross Hilltop Avenue to construct an additional 16" petroleum pipeline from Stillwater Boulevard in Oakdale to the north. (Motion carried 5-0). E. Sullwold Road Easements City Engineer Bohrer reported Gilbert Sullwold had a boundary survey done for the purpose of registering his land. In the title search, the surveyor found some existing road easements; the most recent easement for 47th street and aneasentent left over from Keats Avenue that was intended to be a a temporary slope easement (10' wide and 140' long) to expire one year after the construction of Keats Avenue. They would like the City to relinquish control of this slope easement, which Bohrer had no problem with, because it was never intended to be a permanent easement. In order to ask the City to give up something, Sullwold wanted to offer something in return. They are offering to give to the City a road easement for 33', their half of a portion of Keats Avenue. Since this is an exchange of property, the City Attorney recommended a Resolution be passed by the Council accepting two parcels and relinquishing one parcel of land in accordance with Larry Bohrer's memo of 9/5/89. Bohrer made it clear for the record that when the Council granted the 10 acre subdivision to Mr. Sullwold for his daughter, some other right-of-way requirements were put on for Kimbro Avenue and this is not meant to be all inclusive. M/S/P Graves/Moe - to direct the staff to draft a Resolution for Council consideration defining the exchange of properties as recommended by the City Attorney and City Engineer, and incorporating Council intent that granting these easements does not affect previous requirements of Mr. Sullwold, for easements received on Kimbro Avenue. (Motion carried 5-0). 8. CITY ADMINISTRATOR'S REPORT: A. Receipt of Final Report: Public Financial Systems