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CITY OF LAKE ELMO CITY COUNCIL MEETING, MARCH 17, 1981 -9- FITZENBERGER: Eder noted that there was no testimony citing a health hazard in support of this variance, therefore, he said past City policy should be followed. Mottaz moved, seconded by Morgan, to deny the variance for James Fitzenberger, to permit his home to be within 4'of the side yard lot line. Motion carried 5-0. SLAWSON REZONING: The Council reviewed the Planning Commission recommendation to approve the rezoning of the Slawson property to Ag from Rural Residential. Mottaz moved, seconded by Morgan, to adopt Ordinance 7924, rezoning all that part of the N:_1/2 of. the SE 1/4 of PIE 1/4 of Section 3 to Agriculture from Rural Residential, for Lyle.Slawson. Motion carried 5-0. BRAKEMEIER - CABLE TV: Alan Brakemeier asked the Council to support his application to establish a cable service territory in Cimarron. Mr. Brakemeier recently purchaseld-the cable system that was installed in Cimarron. He intends to proceed through the State Cable Board to obtain a franchise to operate the system. He asked if the City is interested in_establishing a service area. He had prepared two applications, one for . Cimarron only, and one for the entire City; and asked for the Council's comments and direction on the applications. He stated he would like to work with the City in the franchise process. The system (Harborvision) that Mr. Brakemeier purchased was declared illegal by the State Cable Board. The Council previously discussed cable service but decided not to pursue the issue because of little citizen interest and the problems involved with servicing three school districts. Fraser said there is now interest from:i.rosidents in: -,Cimarron and recommended that the Administrator draft an outline of the steps the City can take to study the cable issue, including costs and time frames. She feels this a a critical issue and should be fully studied before any decision is made. The Council discussed the illegal system in Cimarron, and told Mr. Brakemeier that the City is not in a position to pursue a territory or a franchise, as proposed. Mayor Eder stated that the system in Cimarron should remain closed until the Council is convinced a system should be developed, then proper channels should be followed to establish a system and award a franchise. Mr. Don Moe submitted a survey indicating Cimarron's interest in a cable system and asked if the City could issue a temporary permit to Mr. Brakemeier until such time as a territory is established and a franchise granted. The Administrator said that a temporary permit cannot be issued and that the City must meet the State Cable Regulations and go through the process before granting a franchise..