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LAKE ELMO CITY COUNCIL MINUTES NOVEMEER 2, 1993 B. Partial Payment #3 MSA Bohrer updated the council that he had met with Mr. Jungmann, 9404 Lake Jane Trail, and resolved his two issues of concern. The brick pillars were tipped prior to beginning of any construction and the pre -construction photographs bare that out. Instead of installing the typical "T" arm, NSP would install the right angle arm pole so the wires can stay where they are today. M/S/C Johnston/Conlin - to approve Partial Payment #3 to Tower Asphalt for work primarily for gravel base and excavation in the amount of $139,520.55 for 1993 MSA Improvements. (Motion carried 5-0). C. Partial Payment #2:1993 Bituminous Overlays M/S/C Johnson/John - to approve Partial Contracting in the amount of $99,052.91 (Motion carried 5-0). D. Update of Rolling Hills Payment #2 to Bituminous Consulting and or 1993 Bituminous Patch and Overlay. Larry Bohrer presented his letter to Charles Nelson, dated November 1, 1993, stating violations that occurred and the road is not acceptable to the city. It was discovered last week they were paving the road without any prior notification to TKDA, without performing the necessary test and without having an inspector on the job. As noted on Page 6 of the Developer's Agreement, the City will not provide snowplowing on this street this winter. Rolling Hills letter of credit expires July 23, 1994. Attorney Filla suggested the Council consider not issuing additional building permits and notify the bank that Nelson Properties has not complied with conditions of their developer's agreement and the council will be requiring the bank submit the amount of letter of credit to the city as security. M/S/C Conlin/Mottaz - to instruct the city attorney to write a letter to Charles Nelson, Nelson Properties, stating in strong terms the city's position regarding violations in construction of roads in Rolling Hills. (Motion carried 5-0). 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS: Council member Conlin shared information from George Rouse, Cable Commission. Council member Mottaz had talked to Barb Sennes, Met Council, about the application for amendment to the comp plan on the FLU Map and understands the amendment was sent back to the City. Administrator Kueffner reported they had concern about access onto Hwy 36 from the Mottaz property.