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change to 33 and 5 acres, respectively. Because the site is zoned RR, and one of the resulting parcels is proposed to be less than 10 acres in area, the applicant utilized the Cluster Platting provision of the Zoning District. A significant condition of the Planning Commission recommendation is that County records regarding the resulting 33-acre parcel reflect the fact that the Cluster Zoning provisions were applied. Because of that process, only 1 additional division may be made of the 33-acre parcel to maintain the 4-units/40 acre ratio required across the entire 38-acre site. The Council discussed what the best way this condition for only one division could be preserved. Councilor DeLapp offered the following motion: M/S/F DeLapp/Dunn — to add a mechanism allowing not more than two lots through use of a third party, (use language as in our cluster ordinance). (Motion failed 2-3:11unt, Siedow, Armstrong). The Council also discussed the proposed width of Kelvin Avenue to be scaled down and the style of cul-de- sac. Maintenance Foreman Olinger preferred extending Kelvin Avenue the same width that the road is now and had a concern on the radius of the cul-de-sac for ease in snowplowing. A dead end or other styles of cul-de-sacs could be considered. Since there is no Homeowners Association for this development, Olinger asked who would be responsible for maintaining the Center Island within the cul-de-sac? M/S/P Dunn/Siedow — that Kelvin Avenue not be constructed any wider than existing, that the cul-de-sac be constructed in a teardrop style as suggested by Tom Prew in letter dated January 4, 1999, and if an island is located within it, which it could, the City does not consider it their responsibility to maintain. (Motion passed 5-0). Administrator Kueffner pointed out that there should be no commercial operation such as boarding of horses or a horse stable and arena on the property without the City's permission. Tim Freeman, representing the applicant, stated his client is very aware of this regulation and there is no commercial operation on the property. M/S/P Dunn/DeLapp — to adopt Resolution No. 99-7, (as amended: deleting Condition No. 2), A Resolution approving the Preliminary Plat for the Abbott/Friederichs property, Collopy Hills. (Motion passed 5-0). C. Livable Communities Act At its January 5, 1999 meeting, the City Council tabled consideration of a resolution that would continue the participation of Lake Elmo in the State Livable Communities Act for calendar 1999. The Council directed staff to determine if the Village Planning Grant received by the City, but work under which is not yet completed, would be jeopardized if the City decided not to continue its participation in Livable Communities. In his letter of January 14, the City Attorney advised the City that neither the Grant Agreement nor the State Enabling Legislation for Livable Communities would appear to require participation by the City to retain the funding under the Grant. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-8, A Resolution electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act with the knowledge that the City can withdraw participation anytime during the year. (Motion passed 3-2:Dmm, Armstrong: Has a problem with the Met Council offering money to influence the City, The Met Council is holding something over our head that we don't need. Mayor Hunt stated he voted for the motion because the current development pattern is progressing toward our goals). 9. CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999