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Minutes of the Lake Elmo City Council, April 3, 1979 -3- C. Irwin Court Drainage Easement Cont'd ( 2. The clump of birch near the permanent easement is protected - or we pay for it. (They believe it will be easier to move some of Jansen's pines than to move or protect the birch). 3. The easement is for drainage purposes only. 4. The City enclosing the "flume" portion to decrease liability. 5. The City compensate them $2,000 for the easement. Bruce Folz requested a total cost estimate to give the developer. Larry Bohrer feels an estimate of $5,000 is minimum; but he will prepare a total estimate and compare labor costs of the City doing the work vs a private contractor. PZC RECOMMENDATIONS A. Moratorium Appeals - Washington 37 and Dayton -Hudson The Council reviewed Mr. Steven Schmidt's letter of March 30, 1979, indicating why the Washington 37 property should be exempt from the moratorium. Mottaz moved, Armstrong seconded, to deny the request of Washington 37 from the moratorium. Mottaz did not feel the estimate of hardship was sufficient justi- fication for exemption. The possibility that larger lots will be required by the new Comprehensive Plan is a major consideration. The additional surface water in a problem area is also a factor. - Willard Morton elaborated on the financial hardship this delay will mean to him. He feels the City's request for sewer hook-up to Cimarron delayed them, thereby making them subject to the moratorium. He feels this plat would have been approved had they not pursued this. Schmidt stated the City did give Concept Approval for one acre lots and this should be a consideration. Motion carried 3-2 Pott and Johnson voting nay. Morgan moved, Armstrong seconded to deny Dayton Hudson an exemption to the moratorium. Carried 5-0. STEINDORF VARIANCE Since the parcel existed before the Subdivision Ordinances, it is the opinion of the City Attorney that the variance cannot be denied. Armstrong moved, Pott seconded, to approve the Steindorf Variance, with only one buildable site. The Administrator is to instruct the City Attorney to draw up the necessary papers.for_Resolution 79-25. Carried 5-0. BREAK: 9:15 . VALI-HI DRIVE IN - SPECIAL USE PERMIT Morgan moved, Armstrong seconded to renew the SUP for the Vali-Hi Drive In. Carried 5-0 LICENSES: Morgan moved, Armstrong seconded to approve licenses for Ron's Sanitation, American Trenching and Excavating and Twin City Furnace. Carried 5-0.