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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 1993 B. 1994 MSA Maintenance Allotment Larry Bohrer provided a letter dated November 16, 1993 indicating the 1994 Municipal State Aid Allotment for the City is estimated to be $153,037. The minimum the City may request for maintenance is $1,500 per State Aid mile or $14,280. The remainder of the allotment is available for construction on the State Aid system. Requesting the minimum for maintenance is consistent with the City's proposed 1994 budget. The apportionment would be broken down as follows: Construction Allotment $138,757 Maintenance Allotment 14,280 TOTAL $153,037 M/S/C Mottaz/Conlin - to direct the Engineer to notify the Commissioner of Transportation that the City of Lake Elmo requests its 1994 Maintenance Allotment at $14,280. (Motion carried 5-0). C. Rolling Hills Charles Nelson, Nelson Properties, admitted that the paving was done improperly in the Rolling Hills development. Since the summer rains prevented the subgrade from drying properly, the paving was done in the fall and the City Engineer was not informed of it. Nelson said it was an oversight on the part of the development team, and that they didn't intentionally neglect to inform Bohrer. He acknowledged that there was a problem with the subgrade, soft spots in the road would occur, and that the problem would have to be corrected in the spring. He believed that if the first layer of paving was not completed before the winter, the sub -grade would be lost over the winter and the surfacing of the street would be back at square one in the spring. Consequently, he took this action to avoid complete disturbance of what had already been achieved and would have had to be redone during the summer because of rain. Charles Nelson agreed to pay the city's expense for plowing the street and to accept liability for the potential damage to the road by the city plows. M/S/C Mottaz/Conlin - to allow Nelson Properties to continue their development of Rolling Hills, but the city issued a strong statement that they do not tolerate deviation from the rules and that the remainder of the conditions in the letter be maintained and that the city maintenance crew will provide plowing this winter with Nelson Properties absorbing the cost and accepting liability for potential damage as drawn up in an agreement by the City Attorney. (Motion carried 3-2:Johnson, Johnston). 9. CITY ATTORNEY'S REPORT: A. Update on Proposed Joint Powers Agreement The Council received a DRAFT of a Joint Resolution of the Cities of Lake Elmo and Oakdale; Agreement of Undertaking; and Joint Powers Agreement. The Council tabled this item in order to study these documents and should submit their comments (whether they have changes or not) to the City Administrator by November 23, 1993.