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C. Hunting Update <br />Several hunters had been told by a Washington County Sheriff's Deputy to stop hunting because they were <br />thought to be in violation of the City's hunting ordinance. The hunting ordinance prohibits firing weapons <br />within 500 feet of a residence, structure, building or platted area in the City. Hunting on property owner's <br />land within the City is only allowed with owners' written, dated, permission and the owners' land <br />boundaries outlined. The Deputy's interpretation was Lake Elmo, as a whole, is a platted City. Therefore, <br />the Deputy based his actions on the belief that hunting is not allowed in the City. Attorney Fills, clarified <br />that Lake Elmo is an incorporated City, not an entire platted City. Hunting is allowed if the City's <br />regulations are followed. Administrator Kueffner apologized for the mis-interpretation. <br />5. CONSENT AGENDA: <br />A. Amended easement for the Homestead <br />The Minnesota Land Trust requested in its October 23, 1998 letter an amendment to Open Space easements <br />in the Homestead for reasons outlined. Attorney Filla provided documentation deleting the last sentence of <br />Paragraph 5 in the original Conservation easement for the Homestead for Council approval. <br />M/S/P DeLapp/Johnston — to approve the amended easement to the Minnesota Land Trust for The <br />Homestead, as requested by the Land Trust by its letter of October 23, 1998. (Motion passed 5-0). <br />6. MAINTENANCE/PARKS/FIRE/BUILDING:None <br />7. CITY ENGINEER'S REPORT: <br />A. Escrow Reduction: Heritage Farm <br />City Engineer Prow has certified completion of an improvement, and recommended release of all security <br />held by the City under the Developers Agreement by his letter of November 12, 1998. City Planner <br />Dillerud reported the Homeowners Association regarding structural and safety integrity of the bridge <br />improvement that has been installed by the developer advised him of concern. A total of $2,000 was held <br />as security for pathway improvements. Until such time as the concerns with bridge integrity are satisfied, <br />staff recommended that release of that security be withheld. <br />Staff recommended that the development security (Letter of Credit) for the Heritage OP be reduced form <br />$223, 125 to $15,000 ($2,000 + $10,000+25%), and that Lake Elmo Bank Letter of Credit 4283 be <br />extended from its expiration date of December 1, 1998 to February 1, 1999. <br />M/S/P DeLapp/Johnston - to reduce the development security for the Heritage OP per the recommendation <br />of the City Engineer except that an amount of $15,000 be retained to secure additional pathway work and <br />City Administrative Fees. (Motion passed 5-0). <br />B. Final Acceptance: Heritage Farm <br />City Engineer Prow, by his letter of November 12, 1998, has certified completion of all public <br />improvements (streets, water main and storm sewer) and recommended that the City accept the listed <br />public improvements. Prow mentioned the City would look into bituminous curbs versus concrete curbs <br />because there is significant damage done to the bituminous curbs in the Heritage development. <br />M/S/P DeLapp/Johnston — to accept the water main, storm sewer and street public improvements of the <br />Heritage Farm Plat. (Motion passed 5-0). <br />C. Escrow Reduction: Hamlet on Sunfish Lake <br />City Engineer Prow, by his letter of November 12, 1998, certified completion of certain improvements for <br />which the City holds security. Prow recommended reduction of that security form $173,250 to $39,400. <br />LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1998 <br />