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LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 6 <br />Johnston – there are no other consequences are there. No. they are not creating a <br />buildable lot. <br />Filla – You do not own fee title, full title going back legals refer to the cross hatched area <br />desorbed Added on Now therefore… As illustrate as exhibit A attached, <br /> <br />Lonnie and Denise Proeschel, 5420 Hilltop Avenue North, and Mike and Liz Eggert, <br />5350 Hilltop Avenue North, have petitioned the City for vacation of the portion of Highlands Trail between their properties (a total of approximately 27, 000 square feet.) This proposed street could not be logically extended due to the platting/street <br />arrangement in adjoining Oakdale. Since the intersecting north/south street are also a gas <br />line route, no vacation is proposed there. <br /> The City Engineer recommends that the vacation be approved; subject to the adjoining property owners (equal recipients of the vacated property between their existing lots) <br />each providing the City with 5 foot drainage, utility, and public trail easement along the <br />former centerline of the vacated street right-of-way. <br /> M/S/P Dunn/John - to adopt Resolution No. 2004-049, as amended, A Resolution vacating a portion of Highlands Trail North subject to easements. (Motion passed 5-0). <br /> <br /> C. Rezoning – MFC Properties:Ordinance No. 97-132 <br />Bruce Miller, MFC Properties, has inquired as to the disposition of the 2002 proposal by the City to rezone a 6.9 acre parcel owned by MFC at Keats/Hudson Blvd. to bring the zoning into compliance with the Land use Plan (Limited Business). Mr. Miller noted that <br />both the real estate taxation and the Surface Water Utility fees on that site reflect <br />commercial zoning, but that the actual rezoning of the site was never completed. <br /> On February 19, 2002, the Council postponed action on this rezoning that has been recommended for approval by the Planning Commission to permit the completion by the <br />Commission of amendments to the Permitted/Conditional use standards of the LB zone. <br />The Council adopted the amendments recommended by the Planning Commission <br />September 16, 2003. The reconsideration of Mr. Miller’s rezoning was never brought for Council action thereafter. <br />M/S/P DeLapp/John - to adopt Ordinance No. 97-132 Approving rezoning fro RR <br />(Rural Residential) to LB (Limited Business) for MFC Properties based on conformity <br />with the Comprehensive Plan. (Motion passed 5-0). Bruce Miller would like to start the process of the other parcel. <br /> <br /> D. Fence Moratorium Amendment: Ordinance No. 97-133 <br /> The prospective purchaser, Chris Addington, of the residence at 975 Jewel Avenue North <br />has requested an amendment to the Fence Moratorium that would permit the City to issue