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