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LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 -2- PUBLIC HEARING - DON SINGER VARIANCE TO INSTALL DRIVEWAY OF MORE THAN 24'WIDTH AT 9161 JA.NE ROAD N.: Mayor Armstrong opened the hearing at 7:45 p.m. No one was in the audience for the Singer hearing. The Council reviewed Mr. Singer's proposal. Councilman Pott looked at the area and noted the neighbor to the north has a similar off-street parking area. The Council asked what the City's responsibility would be should a City improvement or public utility go through this area. 23 ft. of the proposed area is on City right-of-way. The Council.agreed in these types of instances, the City should bear no responsibility for replacing a parking area or driveway should. City or utility work be necessary. The Council also noted the possibility of washing of the shoulder, the need of an area for snow banking and entrance width. Armstrong closed the hearing at 7:57 p.m. Armstrong moved, seconded by Mottaz, to table any action and direct the Building Inspector and the City Engineer to look at the site and determine if another design is feasible.for two cars and a 24 ft. maximum width entrance. Costs for the Engineer to be passed through to Mr. Singer. Motion carried 4-0. PUBLIC WATERS: The Council submitted their recommendations for names of public waters in Lake Elmo. The Planning Commission will review the map at their September 8, meeting. LEGION POND: Attorney Marshall recommended the City retain the firm of Eckberg, Lammers, Briggs & Wolff to handle the suit filed by Collyard's and Burgoyne's; as his firm, Lawson, Raleigh and Marshall has represented Collyards in the past. The Council agreed. Mottaz moved, seconded by Novak, to close the public meeting to discuss the pending lawsuit of Collyard-Burgoyne vs City of Lake Elmo. Motion carried 4-0. Mayor Armstrong reopened the public meeting at 8:55 p.m. Armstrong moved, seconded by Pott, to: 1. Direct the City Attorney to contact Mr. James Lammers, Attorney with Lammers, Briggs, Eckberg & Wolff, and request he represent the City of Lake Elmo in this action. 2. Direct Mr. Lammers to put in a General Denial and com- mence Discovery by Interrogatories,as to the basis for the plaintiffs claims against the City. 3. Direct the City Engineer to proceed as quickly as possible, to obtain the test wells and the results from the wells, and report back to the City Council. 4. The City of Lake Elmo will notify all property owners along Legion Pond who may have septic system problems, because of the level of the pond, that the City will entertain petitions for improvements to their property, either by fill or new septic systems or any temporary holding tanks that may.have to be constructed above ground level, in order to provide adequate sewage disposal while a permanent solution is being reached.