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Lake Elmo City Council Minutes July 5, 1994 Page 3 <br />C. Improvements in Private Developments <br />At the June 21, 1994, council meeting, City Administrator Kueffner brought to the council's <br />attention concerns raised by developers that require the City's Engineer to prepare construction <br />plans and specifications, and the City to advertise for bids and award construction contracts for <br />improvements in subdivisions (Ordinance No. 8083 Section 401.505). Administrator Kueffner <br />suggested adopting Ordinance 8099 - Repealing Section 401.505 and adopting 401.500 thru <br />401.530. The council tabled discussion to the July 5 meeting. <br />The council discussed the concern of having the City Engineer designing the improvements, and <br />also making the inspections. However, It was also discussed, that the council's obligation is not <br />to make it easier for the developer, but to make sure that the taxpayers do not end up paying for <br />future maintenance on roads, accepted by the City, that are of poor quality. The council then <br />discussed enforcement - the possibility of a contractor using the excuse that they couldn't reach <br />our engineer for an inspection, and proceeding without approval - the code does not specify <br />schedules, or notice requirements, etc. The consensus of the council was not in favor of <br />repealing Ordinance 8083 and adopting 8099, but to take the time to consider the wording of this <br />code carefully, in order to assure the necessary guidelines and enforcement provisions are <br />included. <br />M/S/P Mottaz/Johnston - to delay action on this item, and request the City Engineer and City <br />Attorney go over the ordinance (the original and/or suggested Ordinance 8099) and tighten up <br />the areas of inspection, and even state that the City Engineer, without Council action, can require <br />an improvement be torn up or corrected if it does not pass inspection, so that the City is in a <br />better position to make enforcement's on this; and for the suggested revisions be brought before <br />the Council for consideration and input. (Motion passed 4-0.) Councilman Johnson stated he <br />would like, specifically, the City Attorney address the possible liability of the City doing its own <br />engineering. <br />Mayor John asked Tom Prew the number of hours an engineer, at TKDA, incurs on a project - <br />what, to that, is added in overhead - what is the ratio? Tom Prew responded that TKDA's contract <br />with the City is for their contracted hourly rate x 2.75. <br />6. PLANNING, LAND USE & ZONING <br />A. Recommendation from Planning Commission on Highway 5 <br />(between Ideal (CSAH 13) and Stillwater Blvd. (CSAH 6) and <br />Howard & Betty Michels property on Stillwater Blvd. <br />At its June 13 meeting, the Planning & Zoning Commission recommended the City Council <br />approve amending the city's comprehensive plan by redesignating all that property East of Ideal <br />Ave., West of Stillwater Blvd., South of Hwy 5, and North of the Railroad tracks from RAD <br />(Rural/Agricultural Density) to LB (Limited Business), and also to redesignate Howard and Betty <br />Michels property, which lies South of the Railroad Tracks, North and West of Stillwater Blvd., <br />from RAD to RED (Residential Estates Density). A public hearing was held by the Planning— <br />Commission on May 9 and closed on May 23, and property owners within one mile of the <br />properties were notified by mail. <br />